Police Reform and Social Responsibility Bill

Debate between Baroness Hamwee and Baroness Harris of Richmond

Wednesday 20th July 2011 Lords Chamber

[Baroness Harris of Richmond]

My Lords, as the instigator of that infamous amendment right at the beginning of the Committee stage, I welcome what my noble friend Lord Cormack has said. I want only to make the briefest of interventions on Amendment 3, to which I have added my name. My noble friend is absolutely right to say that more work needs to be done on this Bill in the light of what has happened recently. I urge my noble friend the Minister, having given us some comfort in her amendments today, to take a further step.

I will have a little more to say about recent events and their relevance to this Bill when speaking to a later amendment, but I want to support this amendment for the reasons set out by the noble Lord, Lord Hunt of Kings Heath. What we seek is to draw out the strength of the panels so that they are able to send a strong message to the public. That is what we want.

[Baroness Hamwee]

My Lords, does my noble friend agree that her amendment, which I certainly would not describe as infamous, was the result of concern in the House that the model being proposed did not contain the strict checks and balances that most of us wish to see? Therefore, picking up the concern of the noble Lord, Lord Harris of Haringey, it would be entirely proper for the Government to come back on ping-pong with proposals reflecting, beyond Clause 1, the strict checks and balances which led to the original amendment.

[Baroness Harris of Richmond]

I support my noble friend in her comments. The whole point of tabling the amendment was to try to persuade the Government to bring on the strength of the checks and balances. That has not been done, and I cannot imagine what they could come up with at the ping-pong stage. But I hope they do come up with something because it is the strength of those checks and balances that this House, which voted so strongly in favour of my amendment, supported. I therefore urge my noble friend the Minister to see what she can do.

--- Later in debate ---

[Baroness Harris of Richmond]

My Lords, I want to say a few words in support of this amendment. I find it completely incomprehensible that anyone would think that it was acceptable to put a politically restricted person in charge of making political decisions, which is the effect of the current proposals relating to deputy and acting PCCs in this Bill. Quite apart from the fact that this would give such a person an impossible technical conundrum to resolve—because a politically restricted person must be politically neutral, and therefore cannot by definition make political decisions—it completely undermines the Government’s own arguments about greater public accountability. It is particularly important that an acting PCC must be able to make decisions as if he or she were the PCC. This includes the key decision about what precept to set if the PCC is absent at that particular time of the year. The PCC’s office cannot not make a decision about this, whether or not the PCC is present, because the police service would be missing up to half its funding the following year if this was so. Not for the first time, I have thought that we were creating an Alice in Wonderland world in this Bill—it is all somehow upside-down.

It is clear to me that an acting PCC cannot be politically restricted. That means that an acting PCC cannot be drawn from the members of the PCC’s staff—which bizarrely now include the deputy PCC, although that is another issue. The obvious place to look is therefore among the members of the police and crime panel, and particularly among the elected members of the panel, if we are serious about a commitment to democracy and accountability. This is exactly what the amendment of the noble Lord, Lord Hunt, stipulates, and I am very happy to support it.

[Baroness Hamwee]

My Lords, at the last stage, both the noble Lord, Lord Boswell of Aynho, and I made rather impromptu suggestions about other possibilities which the Government might look at. Mine was that the commissioner should make the choice, because it seemed to me that there would be a logic in that. I hope that the noble Baroness, who sounded very open to the different possibilities, might be able to respond to the menu that was suggested last time. However, I retain my concern about it being proper that the person who acts up is a person who has been elected. I do not think that the fact that the appointment is made by the panel meets the concerns; it is the object of the appointment that I am concerned about. Indeed, there is almost an irony in suggesting that the appointment is made by the panel—the elected people—as the logic of the Government’s model is that the commissioner is an elected person. I hope that the Minister can help find a way through this.