Police Reform and Social Responsibility Bill

Baroness Morgan of Ely Excerpts

Monday 11th July 2011 Lords Chamber

[Baroness Randerson]

That is my recollection of the procedure: the Minister may have made a statement, but this was not a formal offer made for the Assembly to accept or not. The point that the noble Lord makes is very relevant in that there are a number of different solutions to this. My point in speaking this evening is to urge the Minister to continue to make efforts to reach an agreement with the Welsh Assembly so that we can go forward, maybe not with perfection, but with a practical, workmanlike approach that will seek some kind of centre ground. I regret that it appears that the Minister concerned in Wales does not like the amendments put forward today, because they put the power in the hands of the Welsh Assembly. That is an aspect of the amendments that I heartily approve of, but Ministers, of course, do not approve of that kind of thing, do they? They like power to rest in their own hands, but the fact remains that I believe there is scope for further discussion and for agreement.

[Baroness Morgan of Ely]

My Lords, we have heard today that the Welsh Assembly is not responsible for policing and, unlike some previous noble Lords who have spoken, I believe that it would be premature to devolve all policing matters to Wales, but there are a number of areas where the Welsh Government do have statutory responsibilities—in particular, crime reduction and social justice. Local government, however, is a devolved competence in Wales and, in terms of police governance, police authorities in Wales have to follow rules set out by the Welsh Assembly on a range of matters including advice on the financial settlement for the police in Wales. It should also be noted that council tax in Wales has an influential impact on funding distributed and available for police authorities. These things are crucial; this is not an area where the Home Office can simply dictate what happens in Wales.

We are all aware that the Bill would abolish police authorities and replace them with directly elected police and crime commissioners. The reasons I believe these are unattractive have been well rehearsed in your Lordships’ House. The proposals will sweep away a system that works well in Wales, as the noble Lord, Lord Wigley, has suggested. Police authorities in Wales have made a strong case against the proposals, based not on self-preservation but on a reasoned analysis of the argument for reform and the practical difficulties of the Home Office proposals. I emphasise that the purpose of this amendment is not to tackle the principle of elected police and crime commissioners, but simply to explain how arrangements for a commissioner and for police and crime panels would operate in Wales. It would give powers to the National Assembly of Wales to establish police and crime panels in Wales consistent with current devolved practices. There is a serious constitutional matter here that should be respected, and that is not the case as the Bill stands. I have received a letter from Carl Sargeant, the Minister responsible in the Welsh Government, giving his assurance that he would welcome support for this amendment, albeit with the slight changes that the Minister has indicated.

After the publication of the Bill, while it has recognised that there might be a constitutional issue to resolve here, rather than sit down and try to thrash out a compromise solution with the Assembly, the Home Office has now come up with amendments on Report suggesting that it is possible to circumvent the devolution settlement somehow by making the Home Secretary responsible for bringing together and supporting the locally elected representatives, rather than placing a duty on local authorities to convene them. That is a nice little effort in thwarting devolution and trying to impose a solution, but there are significant practical problems in terms of implementation as the Home Office simply does not have the infrastructure in Wales to deliver that kind of operation. If it cannot do it now, it certainly will not be able to do it after we see all the massive cuts that we are expecting from the Home Office.

The Government’s suggested solution also ignores the immense amount of co-operation that currently takes place between the police and other devolved agencies in Wales, as my noble friend Lord Wigley has pointed out. The introduction of a standalone proposal for policing governance that fails to emphasise the importance of joint working can serve only to undermine these positive working relationships.

By supporting the amendment, we are not trying to undermine the principle that the Government are trying to achieve—we are trying to do that elsewhere, but not here—but are asking simply for the devolution settlement to be respected and for a workable, practical system to be worked through, rather than an imposed one-size-fits-all solution as has been advocated here.

It is right to say that there have been issues regarding the negotiations. One of the issues has been that the Welsh Assembly Minister perhaps did not feel that he could accept something from the Government in the UK that he did not think it was in their gift to offer. It was a principled decision; he felt that he had to oppose the suggestion coming from the Home Office. I hope that he will take account of the discussions today and find some practical solution. If we can find a way through this, dialogue is probably the way forward if possible.

[Baroness Browning]

My Lords, in opening this debate, the noble Lord, Lord Elystan-Morgan, made a strong and persuasive case for the devolution of policing to the Government of Wales. As we know, the reality is that policing is a reserved matter under the devolution settlement, but there are related matters that are devolved. I recognise that the Welsh Government remain opposed in principle to the abolition of police authorities in Wales and are against the proposal to replace them with directly elected police and crime commissioners. Although I touched on this in Committee, it might be of help to the House if I outline the history of what has happened and where I see us now.

In the absence of an agreement, with the Bill proceeding through its stages in your Lordships’ House, and with policing being a reserved matter, the UK Government, including the Secretary of State for Wales, remain of the opinion that it is not in the interests of the people of Wales to have a different governance and scrutiny structure for their forces. As I have explained to the House before, we do not believe that there can be two models of governance for a police service whose officers and assets so regularly cross the regional boundary between England and Wales in pursuit of making our communities safer and tackling crime.

When the original Bill entered the other place, there were certain elements that affected the legislative competence of the National Assembly for Wales. This was specifically with regard to the provision for police and crime panels to be formed and maintained by local authorities in the police area. As noble Lords are aware, the Welsh Assembly has legislative competence over oversight and scrutiny committees of local authorities. Therefore, in respecting the devolution settlement, the Government agreed with the view of the Welsh Assembly Government that the consent of the Assembly would be required to legislate on establishing police and crime panels in the form set out in the original Bill.