Policing

Debate between Baroness Neville-Jones and Lord Dear

Monday 26th July 2010 Lords Chamber

[Baroness Neville-Jones]

We intend to consult on the role of local authorities and how they will link into the police and crime commissioners. I take the point about the new agency. The fact that the UKBA will retain its own separate role alongside the border police agency indicates that we recognise that there are border control functions that are unrelated to and do not concern themselves with crime.

[Lord Dear]

My Lords, I should first remind the House that I served for more than 30 years in police forces in this country—in one of the smallest and, indeed, in the two biggest forces. I also currently hold three non-executive chairmanships of companies that have some sort of interface with the police service, although I hasten to add not directly related to the issues that have been mentioned today.

I welcome this Statement. I should say immediately and it will not be any surprise to those listening that I respect and greatly admire the police service, both for its history and for what it does today. However, there is no doubt in my mind that there has been a need for a top-to-bottom, root-and-branch overhaul of the functions of the police service for at least the last two decades and probably longer. These proposals address only some of those issues, but it is I believe a good start and I look for more to come in the future.

First, one needs to recognise that the police have slipped quite badly in terms of public confidence, and a good deal of the blame for that must come from the issue of bureaucracy in general, in the broadest sense. About 10 days ago Her Majesty’s Chief Inspector of Constabulary, in conjunction with the Audit Commission, published a damning report on the back-office function of the police. It has grown to enormous proportions. It has been indicated that that, coupled with the growth of specialist groups, must change. Therefore, the moves in the Statement today to support a retreat from micromanagement and to cut central targets have to be applauded.

So far as the central crime agency—

[Lord Dear]

As for the National Crime Agency, I support what is being said there. I have supported border policing, working in conjunction with UKBA, for some time.

The nub of the whole problem for onlookers is with elected commissioners, and I seek two reassurances from the Minister. In principle, I give qualified support to that proposal, which amounts to a revamp or modernisation of current police authority structures, which have stood the test of time for the past 50 years. Times have changed and this may be the time to look again at the role of police authorities, but the devil is in the detail. I ask the Minister to comment on the issue of hire and fire. Hiring will need very careful handling at a time when the whole question of police leadership is under the microscope and the need is even greater to ensure that there is selection of the right person for the right job and that careers are managed not only for the benefit of the individual but to the advantage of the community. On the issue of firing I seek a very firm reassurance from the Minister. If there is the power to fire, reserve powers must be given to the Home Secretary to endorse that, or the chief officer will be at the mercy of single-issue politics and extremist groups. Comment has been made about operational independence not being damaged, and I accept that, but I seek reassurance, particularly on the issue of hire and fire. Overall, I welcome the Statement and look forward to the debates that will follow.

[Baroness Neville-Jones]

On the question of hire and fire, the noble Lord is right to say that those powers are contained in the proposed remit of the police and crime commissioner, who is himself potentially subject to recall. It is not the case that any police commissioner would be able to exercise his powers unreasonably or arbitrarily without himself thereby being called to account. The whole point of having him—I mean, these individuals; I hope that there will be some women, too—accountable to the local electorate is precisely so that unreasonable behaviour can be checked. I see no reason why an elected official in such a position should behave unreasonably any more than any other elected official.

I take note of what the noble Lord says about reserve powers, and will take that back to the Home Secretary.

Counterterrorism and Security

Debate between Baroness Neville-Jones and Lord Dear

Tuesday 13th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, I do not know the answer to the question of whether this is a novel idea. I certainly think it is a very good one, and obviously the object of having the involvement of the noble Lord, Lord Macdonald, is to ensure, and also to be able to give assurance to the outside world, that the review has been thorough and looked at all the options, and that it has been impartial and provides the best balance between our security needs and our rights as citizens as we can provide.

I share the noble and learned Lord’s relief that we are able now to redeem the pledge on the review of control orders. This has been overdue and that is why we regard it as an urgent thing to get on with.

On the question of consolidation of terrorism legislation, that is one of the things we would like to do. Noble Lords will be aware of the volume of urgent things that need to be on the statute book so I cannot promise that it is going to be an early piece of legislation. What is more, if we are going to do it we should do it thoroughly and well. In that area, haste will be the enemy of good work. I would rather produce a decent piece of legislation in due course than hurry at it. Finally, I hope that over time we are going to be able to reduce this panoply of emergency legislation. In a sense, it is no part of a democracy to have to continue with this sort of legislation for a moment longer than we need.

We still face a persistent and serious threat—and I failed to answer the noble Lord’s question about terrorist plots. I hope that noble Lords will forgive me for being unable to answer it today. I will be in a better position to do so next week when we debate the legislation on pre-charge detention. Indeed, I will be happy to do so then.

[Lord Dear]

My Lords, I echo the words of the noble and learned Lord, Lord Lloyd of Berwick. I agree with everything he said. I, too, welcome the review. I could speak at length about all six items enumerated in the Statement but perhaps I may pick up only one—item six, on the detention of terrorist subjects before charge. Will the Minister assure your Lordships' House that due weight will be given to the views and experience of the current DPP? I ask that question because when, like others, I was closely involved in the attempt to extend detention before charge from 28 days to 42 days, the then DPP and the two immediate successors said that they had not needed powers to go beyond 28 days. Notwithstanding the tremendously high standard of work carried out by the police and security services, it occurs to me that of all the bodies on this stage, the DPP is most particularly concerned with the adequacy of evidence and whether charges should be preferred.

Furthermore, the Minister commented on the use of intercept evidence, which will not form part of this review but will be looked at separately. Will she assure the House that that review will not be deflected? My views and those of other Members of the House have been outlined on a number of occasions, and a body of opinion says that it should be looked at as a matter of urgency and legislation changed to allow that form of evidence to be admitted.

[Baroness Neville-Jones]

My Lords, on the noble Lord’s first point, I can guarantee that we will be giving due weight to the views of the current DPP. I entirely agree with the centrality of those views. As I said, we will give weight to all views that are put to us.

As regards intercept evidence, I entirely take the point that it must not be left to moulder for ever. The Chilcot committee is still doing its work and we believe that it ought to be allowed to finish it. The noble Lord also knows that there are a number of issues that are not entirely straightforward. I am not in any way suggesting that we will not continue with this work, but it is because we do not believe that we can put it on a relatively fast track that we do not want to include it in this particular package. However, we will certainly be bringing forward our conclusions and, if necessary, further proposals.