Police Reform and Social Responsibility Bill

Baroness Harris of Richmond Excerpts

Monday 4th July 2011 Lords Chamber

[Baroness Harris of Richmond]

I speak briefly in support of Amendments 108 and 111 tabled by the noble Baroness, Lady Henig. I must say that it is without much hope of any movement, as we have seen most of the evening from the Government. Much of the debate and many of the negotiations between the Government and Peers who have expressed concern in Committee have been focused on checks and balances and getting the role of the panels right. I am grateful that the Government have accepted that a more co-operative approach is needed through the amendment that the Minister is about to put forward, which I welcome.

However, I agree that some greater description needs to be included in the Bill about what a co-operative relationship looks like in practice. I therefore support the more detailed amendments tabled by the noble Baroness, Lady Henig. The proposal that the panel should be involved in some of the really key functions brings some important clarity to what this might involve, particularly around shaping the police and crime plan, the budget that will help to deliver it and the precept that will need to be raised locally to support it.

I also welcome the role envisaged for panel members at a more local level in helping to engage with communities and monitor force performance. This, of course, goes back to concerns that the PCC is too big a job to be able to engage in detail at very local level on a consistent basis; and I think it is helpful to suggest that the panel should do so. This would enable it to bring concerns and issues to the attention of the governing body, as well as adding to the sources of information available to the panel to assist in its scrutiny of the PCC. I believe that these are helpful suggestions to assist in drawing out how the role of the panel can be strengthened, and I support them.

[Lord Hunt of Kings Heath]

My Lords, this has been an interesting debate with slightly curious groupings. I think I should take out my Amendment 109A, which relates to a review by the panel of the police and crime commissioner’s human resources policy. I do not think it belongs here. It might be better taken when we reach Schedule 15.

There is a theme in relation to most of the other amendments in this grouping around the role of the panel in relation both to the public and to the precept. My noble friend Lord Beecham is absolutely right. The precept is a significant proportion—between about 11 and 13 per cent—of the total council tax. We debated this in Committee and I know that when we get our council tax information, we have different leaflets in relation to different bodies. However, my noble friend is right: because of the significance and the fact that this is made by one person, it should be completely separate and completely separately identified. That would discharge more effective public accountability.

In previous amendments, we have debated the role of the PCC, and noble Lords on the government Front Bench have rejected many amendments because, for instance, when it comes to requiring chief constables to appear before the police and crime panel or the equivalent in London, it is argued that that blurs the line of accountability. I think that unless you have completely separate precepts, that also blurs the line of accountability when it comes to raising resources from council tax payers.

My Amendment 96A reinforces the requirement for openness in relation to the precept. I think it quite extraordinary that local authorities are not going to be consulted formally on the precept that the police and crime commissioner proposes to make. The Minister will no doubt say that that can be done through the panel. Of course the panel exists to provide scrutiny, but given the importance of the precept, I think there is a strong argument that each individual authority ought to be consulted as well. I hope the Minister will be sympathetic to that.

My noble friend Lady Henig made some very important points in relation to the panels and the question of public meetings. Her amendments link the panel to local areas. West Midlands Police force, which covers the area from Coventry to Wolverhampton, will have one person to be elected the PCC. There is a risk that some of the great work that has recently been undertaken by the police force to develop links at the local level will be dissipated, and the role of the panel to reinforce those links would be very valuable indeed.

The government amendment essentially states that the responsibilities of the panels must be exercised with a view to supporting the effective exercise of the functions of PCCs. It is a tribute to the draftsmanship of parliamentary counsel that such an anodyne amendment could be put forward. It is, of course, completely meaningless because who is to say whether what a PCP does is exercised with a view to supporting the effective exercise of the functions of PCCs? Unless we find ourselves in judicial review territory, I presume that this will never be tested. If I were a panel chair, I would, of course, always argue that everything I did was about ensuring the effective exercise of the functions of the PCC. I think we should congratulate the Government on their ingenuity, but I hope the Minister will confirm that it is meaningless.