Police Reform and Social Responsibility Bill

Baroness Hamwee Excerpts

Wednesday 27th April 2011 Lords Chamber

[Baroness Hamwee]

My Lords, I do not know whether being bathed in sunshine is some sort of endorsement of what I am about to say. Not for the first time in my 20 years in this House, I would not have chosen to start from here. “Here” is a Bill that has passed through the Commons—we are not the House with the democratic mandate—that will provide a new injection of democracy into how England and Wales do policing. Who are we to deny democracy? It is, as regards police and crime commissioners, part of an agreed coalition programme for government, and, in my book, agreements are things that you honour. I will try to uphold the best traditions of this House: constructive criticism and amendments, not to wreck but to improve what comes before us.

I have to say that I have never been much of a fan of personality politics or the transfer of celebrity culture into complex holistic subjects such as government and the governance of complex organisations. We will all have our concerns about who may want to become police and crime commissioners: undoubtedly party politicians and also candidates with simplistic—or I could say, extreme—views. Many of us will have been guilty, at least by association, of arguing that putting a police officer on every street corner will solve every problem. Will we get commissioners and candidates prepared to convince the electorate that policing and budgeting for policing needs to be far more sophisticated, and to say that, for instance, it is not a good idea to divert resources disproportionately from what is less visible to groups who shout louder than others?

The debate around the new model started from accountability and the question of who was responsible for what. Knowing what is operational when you see it is not a substitute for trying to define it. I look forward to the protocol. It is important that both the players and Parliament see a resolution to this issue before the Bill progresses.

The underlying philosophy of the new governance model is accountability. The police and crime panels have the statutory task of reviewing and scrutinising commissioners. That means bringing information into the public domain, exploring it and sometimes checking it. The Minister tells us that the panels will have teeth; clearly we have to explore this. I do not believe that the powers, as drafted, are adequate to provide the checks and balances required by the new framework. The term “veto” seems a misnomer. The threshold for a vote against the precept is high, and it relates only to the precept, not to the budget as a whole, nor to its component parts. The powers to secure the appearance of individuals to answer questions in public and to secure information are limited. Moreover, I am concerned that the panels will not be as representative as we would like. A small number of people would cover some large and very diverse areas; and then, of course, there is Wales.

My noble friend Lady Doocey I am sure will talk about London. Having lived through the legislation creating the GLA and having spent some years as an Assembly member and chair, I am quite clear that London should not be regarded as a testing ground for the rest of England and Wales. It is not an exemplar. The arrangements have been good in part but not perfect, and it is very different from other areas. London is also very different from New York, which is often cited, even if you disagree with Jessica de Grazia. Just one difference is the city council in New York, which is a very powerful check on the mayor. So let us judge the plans for England and Wales on their own merits.

Part 1 of the Bill is largely about governance, but I will apply the “Social Responsibility” of the Bill’s Title to it as well. Policing is within a structural framework but it is about people. I hope that we can build on the welcome references to victims, to extending the input of victims, survivors and the voluntary organisations that support them. They have a lot to contribute in addressing the need, for instance, for co-ordinated child protection, as well as in helping victims of human trafficking, rape and the other appalling things that go on in our not always very nice society.

I will not take up more of the House’s time today on the policing part of the Bill, except to say that this Bill is about public service reform and constitutional experiment. Is it not sensible to make sure that we—I stress “we”—get it right? I believe that we are most likely to do that if we pilot the model, evaluate it, assess what aspects of it require review, learn and produce the best, even if it takes a little longer. No doubt it will be a relief to us all when we reach Part 2 of the Bill.

I welcome reducing the burden on local authorities with respect to licensing. The changes in 2003 giving local authorities a new role seemed appropriate then. However, I recall concerns about their operation. We will have to see whether this Bill, as I think it does, gets closer to the right balance of interests between those who want to enjoy various events and activities and those who may be adversely affected. Local authorities are responsible towards both. I do not dismiss the concerns of the trade about, for instance, needing stability and certainty. The late-night levy seems to me to be overly bureaucratic and insufficiently targeted, I question the 70/30 split, and I do not think the balance is quite right as regards conditions on temporary event notices. To those who argue against having some restrictions and that individual licensees are responsible, I say that they may be responsible, their premises may be well run, but they cannot control behaviour outside. I live quite near a pub, and my vocabulary has been increased by what I hear under my bedroom window some nights.

I share the concern of many of your Lordships that drugs misuse needs to be regarded as a broad social and public health issue. We must not let tinkering with the existing legal framework distract us from the need for clear new thinking.

The last pages of the Bill pack in a lot of content. On arrest warrants, my noble friend Lord Alderdice made what I think was a very wise observation from his experience. Does this country not want to be thought of as somewhere people from opposing—indeed, warring—sides can meet to seek progress in resolving their differences?

There is a good deal to say on the subject of Parliament Square. I would prefer as far as possible to rely on the public order provisions, which are of general application. Parliament Square is never going to be the best place for sandwiches and sunbathing while it is simply a medium-sized traffic island, and it does us no harm to be faced with protests every day.

That is enough from me now. In a constructive spirit—because truly I mean that it will be—I and my colleagues will, I am afraid, take quite a lot of the time of the House at the next stage.