Police Reform and Social Responsibility Bill

Debate between Baroness Hamwee and Lord Stevens of Kirkwhelpington

Wednesday 29th June 2011 Lords Chamber

[Lord Stevens of Kirkwhelpington]

Certainly not. The two most successful Home Secretaries that I know of in history is the one who is sitting opposite, the noble Lord, Lord Howard, and the second—you would never get the name out of me if you tricked me—was Jack Straw. He of course would be represented in Labour. How about that for an apolitical comment?

[Baroness Hamwee]

My Lords, I was going to go back to the Roman Empire. With all this talk about Roman emperors, I wondered whether I should claim for myself the role of Caesar’s wife, but I think I ought to leave that for the Minister.

I have two amendments in this group and was very persuaded by arguments made at the previous stage by noble Lords who spoke in support of the amendment of the noble Lord, Lord Harris. When the Government objected to the term “shall”, I asked whether “may” would be more acceptable. It was almost before the words were out of my mouth that I knew that I was going to be challenged by the noble Lord, Lord Harris of Haringey, who quite rightly made the point that police and crime commissioners who do not understand the need for robust governance arrangements are the ones who most need them.

My Amendments 4 and 18 break my own rules about providing for more regulation-making powers for the Secretary of State, but I have worded them in that way because I am not quite convinced that Amendments 3 and 20 quite capture everything. I have added to my list, in what would be new subsection (4B),

“provision for arrangements to ensure probity”.

Financial matters are within that, but probity covers a wider area.

I spotted what some might regard as a flaw in my amendment by providing for consultation with police and crime commissioners, or their union as it might be, before their coming into being, but I have assumed, for the purposes of this argument at any rate, that the transitional arrangements might give time for this as well as consultation with local authority representatives. That is because of the important role of panels, police authorities and local authorities in this area.

My noble friend Lord Wallace spoke in Committee of the importance of personalities and personal relationships, and a willingness to co-operate. He was quite right, but I would say, “Yes, but”, or maybe, “Yes, therefore”.

There was also concern about how much detail should be in the Bill. Well, there is quite a lot of detail in it, so I would like to see some that I would be comfortable supporting. My noble friend also talked about the roles undertaken by the chief executive and the chief finance officer. He said that they would ensure that propriety and that:

“They will be subject to established public authority duties, as are their equivalents in police authorities and elsewhere”.—[Official Report, 18/5/11; col. 1466.]

They do have those duties, but that is not the same as governance in the round. I would say to the noble Lord, Lord Howard, that the police and crime panels, with their limited checks, are not governance. Most of their duties are to be carried out in arrear. They do not have a contemporary role and that is what governance is about. If it is to be their function, the Bill needs a lot of amendment and I for one would be very happy to see that, but the check, balance and scrutiny role in police and crime panels is a different role from governance.

There have been major developments in governance in public life recently. Many of your Lordships will be involved in charities where hugely different arrangements have had to be put in place over recent years. It is proper that there are such standards in public life. This is another such position. I am not convinced that the amendment of the noble Lord, Lord Harris, is spot on and I am sure that he and the Minister will say that mine is not either, but something needs to be provided that surrounds, supports and controls this new office.

Police Reform and Social Responsibility Bill

Debate between Baroness Hamwee and Lord Stevens of Kirkwhelpington

Wednesday 29th June 2011 Lords Chamber

[Lord Stevens of Kirkwhelpington]

My Lords, as the noble Lord, Lord Hunt, said, I have some concerns. I apologise for my colleague and noble friend Lord Condon not being here. I speak on his behalf as well as my own. Some of the concerns about how this will affect the police service have already been discussed. They have been described in a way that we would follow.

My noble friend Lord Condon and I worry about the fact that a pilot scheme of certain forces will not show what happens to the rest of the more than 40 forces, which will not get a real feel for it. The other issue that we raise is that the interaction with the national and international strategy must see the whole panoply of this new scheme and strategy there, in terms of the PCCs and PCPs. Unless you have that, our feeling is that there are uncertainties around it. To take a biting issue in terms of taking out certain things, but then not dealing with the whole issue at one time, would be counterproductive.

As has already been said, we have discussed the uncertainty around what is happening with the police service at other stages in your Lordships’ House. In the next six-to-12 months to two years, the police service will go through a massive period of change. There is no doubt, as my colleague and noble friend Lord Dear said, that the police service is best when it knows that it is acting with certainty. This will lead to uncertainty. My noble friend Lord Dear is also absolutely right that if you tell certain police forces that this is a pilot scheme, some will decide that it will work and some may decide that it will not. For that reason, we do not really support this particular amendment. We have reservations about it.

[Baroness Hamwee]

My Lords, I have made it clear throughout that I want to see the model that is in the coalition’s programme for government implemented in full. My noble friend Lord Shipley quoted the relevant section from the agreement earlier, including the reference to the “strict checks and balances”. I fear that that term is losing its potency with repetition, but I say again that checks and balances are essential because of the dangers of the concentration of power in the hands of an individual.

The noble Lord, Lord Hunt, said that he hoped to find some sympathy around the Chamber. He certainly finds that from me, but he also finds a little surprise. I do not know whether this was due to relaxing over supper, but he made a very low-key introduction to the issue. Perhaps this debate has come upon us at an unexpected point.

Now that we have seen the Government’s proposals in response to the very thoughtful and powerful points made in Committee, we have seen that the Government have moved, and I am happy to acknowledge that. It is always gratifying, and sometimes disconcerting, to see one’s own name linked with that of the Minister on an amendment, but there has been a good deal of movement. However, there has not been movement on the range of issues about which concerns have been raised, nor in many cases do the government amendments go far enough.

I am speaking personally for myself and for my noble friend Lord Shipley, rather than for the I know not how many who are ranged behind me at the moment—attendance is not bad, actually, for 8.50 pm —but this is, I stress, very much a personal viewpoint. Many of the checks and balances that are needed centre around the police and crime panel’s scrutiny role, on which our amendments at this stage of the Bill, as at the previous stage, would spell out what we believe that scrutiny should comprise.

As for checks, I think that a body needs the ability not just to say politely, “We don’t agree”, nor to say, “and we require your reasons”, but sometimes to say, “No”, if it is to act as a check. When any model is working well, there is no need to use the whole armoury, but I do not believe that it is possible to legislate for harmony and co-operation. One tries to set up the model to encourage such co-operation, but one cannot require it. Mechanisms are needed to provide that no.

Of course, it would be impertinent to suggest that we have identified all the necessary, or even desirable, checks and balances, but I must say that I would feel more comfortable if more were proposed in the Bill. Therefore, as an alternative, I think that we need to look to experience. The noble Lord, Lord Howard, said that we cannot draw general conclusions because of the diversity across the country, but it seems to me that, unless the framework is robust enough to cater for these matters—

Police Reform and Social Responsibility Bill

Debate between Baroness Hamwee and Lord Stevens of Kirkwhelpington

Thursday 9th June 2011 Lords Chamber

[Lord Stevens of Kirkwhelpington]

My Lords, I support the amendment in respect of one issue in particular, which is the issue in terms of judge and jury where the commissioner would decide on a case and then be the appellant authority. It flies in the face of natural justice. All I ask is that the Minister has a look at that and takes legal advice in relation to it. I am quite sure that at some stage there might be room for changing that part of the Bill.

[Baroness Hamwee]

My Lords, the noble Lord from the Cross Benches interestingly reminds us of the two limbs of the item in the coalition programme for government. The second, which in my view is of equal status to the first, is the strict checks and balances on the first limb.

I support what has been said on Amendment 234. On Monday, I put forward an amendment which specifically addressed the monitoring of complaints to which the noble Lord, Lord Harris of Haringey, has referred. It is important to look at how complaints are handled overall as well as individually.

The theme of Amendment 220ZZA surfaced strongly when we debated the Localism Bill a couple of days ago. The noble Lord, Lord Rosser, is right to draw our attention to this. Assuming that there will be different codes of conduct, and there should be, how such codes are to fit—when you have members of a panel who will be subject to particular standards and provisions, we hope, in their capacity as local councillors—with any separate code of conduct in this capacity and the need for a chief commissioner to be subject to some sort of arrangement requires a lot more thinking through.

The noble Lord’s point about the monitoring officer, who will I assume be appointed by the commissioner or a member of the commissioner’s office—perhaps we will hear whether the Government have any different idea in mind—is important. I have seen monitoring officers a little out of their depth. It is important that they should have both the tools and the qualifications to be able to carry out what can often be a difficult and sensitive role. I have also seen monitoring officers who are absolutely splendid at the job because they are so sensitive to the huge range of issues that not every monitoring officer spots is going across her or his desk as part of the monitoring process.