Police Reform and Social Responsibility Bill

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Wednesday 27th April 2011 Lords Chamber

[Baroness Neville-Jones]

My Lords, I am grateful for the generally thoughtful tone of the debate this afternoon and evening, even if it was not especially supportive of the Government’s position. Like other noble Lords, I was struck by the fact that it was graced by three outstanding maiden speeches, from my noble friends Lady Berridge, Lady Newlove and Lord Blencathra. Listening to the speech of my noble friend Lady Newlove, in particular—I agree with those who said how moving it was; indeed, she told a tragic story—I was reminded that this Bill is also a social responsibility Bill. I am sure that the whole House hopes that when enacted it will reduce the likelihood of the sort of incident that she described occurring in the future.

As time is short, I should like to confine the greater part of my closing remarks to Part 1 of the Bill. I hope that the House will understand if I do not tackle all the points made, but I hope to touch on the key themes. Something else that struck me in the debate was the fact that many of the doubts expressed by Members of this House betrayed what I would regard as being a preference for expertise over visible leadership, reliance on robust democracy and indeed the good sense of the electorate—a prejudice that my noble friend Lord Howard warned us against at the beginning of the debate. Reliance on the people is not, as some noble Lords have suggested, naivety. It is actually healthy democracy. As against that, I particularly welcome the offer from those who have considerable experience in policing to work with us to engage constructively on making these reforms work. Of course, I accept that there are ways in which they can be improved.

The core of the Bill, however, is about accountability. It is not about operational policing matters. The Bill will support operational matters and will not, as has been suggested, somehow adversely affect them. That is why your Lordships did not hear from me this evening about many operational policing matters, on which Members on the opposition Benches have touched. I agree with those who have said that we have the best police service in the world, but we do not have the best governance of that police service. It is that aspect that the Bill is designed to improve.

There have been many queries as to why the reforms are needed and why they are needed now. Let me touch on this again; I spelt it out in my opening remarks, but it is worth repeating one or two of the points. A number of noble Lords suggested that the reforms are not needed. We disagree. It is clear, as I have indicated, that there are some philosophical differences between us, as well as, I suspect, differences in the assessment of the quality of the situation that we have at the moment. In our view, the case for change is clear. Police authorities are not sufficiently connected to the public. We know this because only 7 per cent of the public understand that they can approach their police authority if they are dissatisfied with policing. I reject the argument that anonymity does not matter. A typical police authority gets only about two letters a week from the public. When the Mayor of London took on the responsibility of policing in our city, the fact that there was a recognisable figure in charge prompted a significant rise in the amount of correspondence received from the public. The public care and, contrary to what has been suggested, they are not satisfied. At the moment, they simply do not know whom to call. We believe that some of the provisions, which have not received great attention in the debate, for greater transparency in all the proceedings that will take place between the police and crime commissioner, the chief constable and the PCPs, which lie at the core of the Bill, will help immensely in generating greater information about and confidence in the police.

The noble Baroness, Lady Harris, argued that no police authorities had failed their inspections. That is the case, but we do not think that not failing is good enough. As I mentioned, only four police authorities are performing well out of the 22 inspected by HMIC. I think that we all agree that HMIC must be respected in its judgments. We believe that we can do better than that and that the public have a right to expect better performance.

We also think that there is a democratic deficit between the authorities and the public whom they are meant to serve. Only 8 per cent of wards in England and Wales are represented on a police authority. We think that the system of governance, even if it is not broken, is not performing well enough and requires improvement, so we are going to make the changes. We also think that the change is needed now. As I indicated, the Government do not believe that piloting would be helpful. I have no doubt that I will have considerable opportunity in Committee to explain in greater detail why I think that that is the case, but I must inform the House that I will be resisting that idea vigorously.

The coalition parties support the direct democratic reform of police authorities. It is interesting that the Opposition also favour the democratic reform of police authorities. The only difference between the Opposition and the coalition Government is how, not whether, it should occur. That puts a point on some of the arguments that we have heard tonight. Right at the outset of the debate, the noble Lord, Lord Hunt, suggested that HMIC be asked to approve the Government’s reforms before they are instituted or that there should be a series of local referenda before they could take effect. If we think, as a House and as Parliament, that direct democracy in policing could be improved, it seems to me odd that we should suggest that HMIC should make a judgment on what is clearly a political matter. That is not what HMIC is there for. As for local referenda, the PCCs are a national policy, and a single system of governance is needed. Policing crosses force boundaries, just as criminals do, and we must have a degree of commonality in how it operates, so I do not think that we can go for local referenda.

In respect of the arguments made to the effect that these reforms will politicise policing—we have heard a great deal of that this evening—I want to be absolutely clear: that will not be the case. There is no reason why there should not be partnership between the PCC and the chief constable. Many of the Bill’s provisions are clearly designed as a failsafe in case there are problems but the whole premise of the Bill is that there should be partnership. We agree with those who say that there should be partnership, and we are confident that partnership will come about. Equally, it is important, as the whole House acknowledges—we certainly support this—that the operational independence of chief officers is not prejudiced. It will not change. Under the 1996 Act chiefs will continue to have direction and control of their staff. Operational independence is already protected, not just by measures in primary legislation but also in common law and the attestation of all constables on appointment, as has been said in debate. It is a cornerstone of British policing and nothing—nothing—in the Bill or any protocol that we produce will alter that, but we shall seek to make the principles of the relationship between the various parties clear in the protocol.

It has been well said that the police are answerable to the law. Indeed, we are all answerable to the law. But the Government see no contradiction between being answerable to the law and being accountable. These two things go hand in hand.

I have no doubt that in debate we will spend some time on the arrangements in London. I am not going to deal with those this evening, but I should like to make a comment on one point raised by the noble Lord, Lord Harris. He seemed to be suggesting—perhaps I have him wrong—that because the precise method of accountability of the chief constable had not been prescribed in the legislation, therefore it could be assumed that there was no such answerability. That is not the case. The PCC has the same statutory responsibility to hold the chief constable to account as he has at present to the police authority. Not everything has to be spelt out in detail in the legislation as if no one is capable—

[Lord Harris of Haringey]

My Lords, my point was not that there is not a clear accountability mechanism, because that is set out in the Bill; my point is—it applies not just in London but to all the PCCs—that the one-to-one relationship between the elected individual and the chief officer of police does not allow for the visible answerability of the chief officer of police, answering questions in public on matters that affect the locality. That is what will disappear in this Bill.

[Baroness Neville-Jones]

I do not think that that is the case, my Lords, because there is nothing to stop meetings taking place in public. Indeed, the records have to be put into the public domain, so I do not think that somehow this relationship will be conducted behind closed doors. On the contrary, I think that it will be extremely transparent. One other point I would like to make is that the police and crime commissioner can require a chief constable to report on a particular matter if he does not get co-operation from him, although I do not see why he should not. Both accountability and transparent accountability will be present in arrangements.

I should like to deal with some of the points where it was claimed that this new model would be costly and would introduce unnecessary bureaucracy, and to be clear about what the model involves. The PCP will not replace the police authority, so those costs are gone. The PCC replaces the police authority and indeed will need support staff but, unlike now, they will be held directly to account by the public, so we will require them to publish details of their expenditure and the public will expect them to deliver value for money. This creates a very strong incentive to drive costs down, an incentive which does not exist at present.

If the House is concerned about costs, I say that the alternative models that have been suggested—an elected chair of a police authority or indeed an elected police authority—are no less expensive than what we are proposing, and would probably be more expensive. We also think they would be less effective.

Finally, I should like to put these reforms into their proper context. Some noble Lords have asserted that PCCs will be concerned only with the local agenda, neglecting national issues and protective services. I had hoped that I had spelt that out adequately in my opening remarks, but let me repeat that that is not the case. The Bill starts to rebalance the system from the Government telling local areas what their priorities are to focusing on those issues that are of national importance such as organised crime and counterterrorism. To that end, we have included Clause 79, which gives powers to the Home Secretary, as I mentioned, to set out a strategic policing requirement. That is obviously an important document. The strategic policing requirement will describe the collective capabilities that police forces across England and Wales would need to have in place in order to protect the public from serious harm and maintain national security; that is, the contribution that they would be expected to be capable of making to these national issues. The police and crime commissioners will have to have regard to the strategic policing requirement, which means that they may not ignore it when setting out their police and crime plans. It cannot be the case that their focus can be wholly local.

I cannot see how a police and crime commissioner who wished to be regarded as effective would see his duties as not encompassing the things that he needs when it is quite obvious to the public that he needs to be charged with doing them effectively. When he is setting out his police and crime plans, they will include the discharge by that police force of its national or international functions, and chief officers will be held to account if in any respect they fail to come up to the operational standards that are required. Furthermore, all this will be underpinned by the new backstop powers which currently apply only to the Metropolitan Police Authority for the Home Secretary to enter into an agreement with any PCC or the Mayor of London on their national and international functions, where it is deemed necessary, to direct them to take action. We hope that that is not the kind of thing that is going to be necessary, but clearly the power will be in place if it has to be exercised. At a later time, as the House is aware, we will be introducing the new national crime agency, which will be a framework for the functions of national scope, and these will cover such things as organised crime.

I turn briefly to the points made on licensing, the first of which is the removal of the vicinity test. I know there is a fear that this proposal could lead to an increase in frivolous or vexatious representations, but I have to say that during our consultation a very large number of respondents welcomed greater community involvement in the licensing process, and they were clear that the activity related to licensed premises can have an effect well beyond the immediate vicinity. The objectors, of course, have to make a case which is related to the full purposes of licensing.

On the issue of health bodies becoming responsible authorities, I can confirm that the Government will ensure that in the future this role is compatible with the changes being made to PCTs, but in the short term the PCTs will be the relevant health bodies. As regards the maximum fine for underage sales of alcohol, by doubling it, the Government are sending to retailers a clear message that we will not tolerate the sale of alcohol to children. The noble Baroness, Lady Coussins, asked a number of detailed questions focusing on why the Government were not doing more in other areas, and no doubt we will take those in greater detail in Committee. The point of the Bill is to do something simple, obvious and straightforward, and which is capable of being actioned in a way that we hope will be effective. However, I quite appreciate that there are issues other than those set out in the Bill which add up to an effective challenge to the increasing abuse of alcohol.

As for the levy, it applies across the whole licensing authority area because that is the simplest and fairest way of ensuring that all premises that benefit from selling alcohol late at night contribute towards costs. We have to recognise, as I have just said, that there is a problem of alcohol abuse in this country and it has to be tackled. That is why the emphasis in this Bill is on increasing our ability to do just that.

I hope the House will be willing to forgo responses on the many points raised in relation to Parliament Square and universal jurisdiction. The noble Lord, Lord Marlesford, has promised us a lively debate in Committee on the first and I have no doubt that we shall debate the need for the intervention of the DPP on the second. The DPP has made it clear that he would be willing and would have the capacity to act rapidly in any case and that his intervention would not act as a delay or a bar on issuing a warrant.

The core of the debate has been on the PCCs and I want to make two last points. First, the noble Lord, Lord Boateng, made the point, which I am sure the whole House accepts, that we shall need to come together on this Bill to ensure its passage. Secondly, while I did not accept many of the points made by the noble Lord, Lord Harris, he said something with which I profoundly agree; namely, that trust is crucial to the preservation of our tradition of unarmed, impartial policing. In making the changes, the Government are determined to preserve this long-standing principle and great tradition. I commend the Bill to the House.

Counterterrorism Review

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

I am sure that the last point would be very widely accepted. It does not particularly facilitate observance of the law or good behaviour on the part of someone who is under a measure of this kind if they cannot occupy their time usefully. One of our objectives has been to bring the daily life of people who are under such restrictions as near to normality as it can be, while being compatible with the security of the rest of the community.

On the question of whether we are rebranding, I hope I made it quite clear to your Lordships that this is not a rebranding exercise. There are significant differences in the measures that we are putting into place. They have a purpose that includes the need to continue at all times to open up the maximum opportunity for actual prosecution. One of the chief complaints about the previous regime, in our view, was how it made that extraordinarily difficult.

As the noble Baroness will be aware, we have raised the test to reasonable belief. We want to work in co-operation with the High Court. One thing that has clearly been learnt through experience is that to get into a situation in which any measures that we put in place are subsequently demonstrated in the High Court or in a court to be unacceptable does not add to their credibility. We want to get into a situation in which there is a clear understanding. We believe that it is necessary for the Home Secretary to be able to act in emergencies without seeking prior agreement with the High Court because, as I am sure noble Lords can imagine, in practical circumstances there may be a great need to do something extremely fast.

[Lord Harris of Haringey]

My Lords—

European Arrest Warrant and Investigation Order

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Wednesday 26th January 2011 Lords Chamber

[Baroness Neville-Jones]

My Lords, we will be discussing this topic shortly. All I would say is that, of course, control orders arise when there is insufficient admissible evidence to bring a successful prosecution.

[Lord Harris of Haringey]

My Lords, the Question refers to the European investigation order. Can the Minister tell us whether the Government are satisfied with the operation of that order and whether the demands placed on UK police forces as a result of such orders are proportionate?

[Baroness Neville-Jones]

My Lords, the European investigation order is, of course, not yet in operation; it is still being discussed. Its objective is to facilitate mutual legal assistance between sovereign legal systems. We are endeavouring in the negotiations on this to ensure that its operation, when it comes into effect, will be satisfactory from the point of view of the traditions and the standards of this country.

Police: Protest Groups

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Wednesday 12th January 2011 Lords Chamber

[Baroness Neville-Jones]

I am telling the House what I think that it would like to know: what the governance arrangements are.

[Lord Harris of Haringey]

My Lords, I declare an interest as a member of the Metropolitan Police Authority, although I have not been briefed on this issue. Can the noble Baroness confirm that all such operations would require RIPA authorisation, and what level of authorisation is required? Can she also tell us whether there is an expectation that such operations would be subject to regular internal review at a senior level regarding whether they were still appropriate and proportionate in the light of circumstances?

[Baroness Neville-Jones]

RIPA—the Regulation of Investigatory Powers Act—specifies how that should be done. The authorisation has to be by a senior officer. There has to be a regular instruction and record kept and there are various other procedures in the Act which are designed to manage and control the operation. I do not think that it is the framework that is lacking.

Terrorism: Aviation Security

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Monday 1st November 2010 Lords Chamber

[Lord Harris of Haringey]

My Lords, I declare an interest as the Home Office appointee on the Metropolitan Police Authority, with responsibility for overseeing counterterrorism and security. I, too, am grateful to the Minister for the full account that she has given. With what degree of certainty does she feel that these devices would have been detected had they been in checked-in passenger baggage on a flight embarking in the United Kingdom? Given the variations in standards of airline security in different parts of the world, what degree of certainty does she have regarding incoming flights that such baggage would have been detected at airports elsewhere in the world? What will her answers mean in terms of current levels of aircraft security for passenger airlines in this country?

[Baroness Neville-Jones]

The noble Lord asks some pertinent and, I have to say, extremely difficult questions. My honest answer to his first question must be that we do not know the answer. This explosive is extremely difficult to detect. Technologies are known for detecting PETN and one consideration that we will have to take advice on is whether we should extend PETN testing to cargo going on board aircraft—most particularly passenger aircraft, but also other aircraft. We have to do this in a way that is consistent with assuring the public that they can travel safely, while not crippling the country’s economy and international commerce. Therefore, an international effort will be needed and we shall talk not only to other operators but to those who may be able to help us technologically. Part of the Transport Secretary’s review will consist of talking to the companies. Many of them are well advanced in increasing—and we will be increasing—the screening processes, including capabilities that are not necessarily at the moment distributed as a matter of course.

Policing

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Monday 26th July 2010 Lords Chamber

[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.

[Lord Harris of Haringey]

I declare an interest as a member of the Metropolitan Police Authority, which I understand is to be abolished under these proposals. Could I ask about this brave new world of the police and crime commissioners? In parenthesis, calling somebody a crime commissioner implies that they commission crime, which seems a slightly strange thing for the Government to want to do. Given that the commissioners will apply to the forces that provide neighbourhood policing, which is essentially visible to local communities and for which there are already substantial arrangements for local dialogue with local communities, why are other areas of policing not to have the benefit—if benefit it be—of having their own police and crime commissioners? Why, for instance, is there no police and crime commissioner for the British Transport Police or the Civil Nuclear Constabulary or the Ministry of Defence Police—or, for that matter, the City of London Police? The Civil Nuclear Constabulary and the Ministry of Defence police are extremely heavily armed and the work they do raises important issues of public accountability. The City of London has its own slightly different means of democratic control from anywhere else. Why is there not that clarity? Could the Minister also tell the House about the accountability arrangements for the new national agency, given, again, that this will have very important but not essentially visible responsibilities for policing? These are precisely the areas in which strong, robust and transparent accountability mechanisms are necessary.

[Baroness Neville-Jones]

The noble Lord raised the question of other functions not covered by the police and crime commissioners and he is quite right to do so. The proposals make a distinction between those issues where we believe that local accountability is of the essence, in the area of neighbourhood and constabulary activity. Where we think that the functions have a much more national character—and certainly the police commissioners themselves must contribute to efficient national policing by collaboration—such as in counterterrorism, or in the powers that are going to be grouped under the National Crime Agency, different arrangements are needed. We will certainly have to put in place, subject to further consultation, the nature of the accountability arrangements that will be required. There will certainly be accountability arrangements but they have not yet been spelled out. Our purpose today is to make it clear that lying at the core of this is the need for accountability of local and neighbourhood policing.

On the British Transport Police, there is indeed a series of other protective policing powers and activities which are not covered by today’s proposal. We are looking at the rationality of present structures in that area with a view to seeing whether we cannot make them more efficient. Again, we will have to deal, in that instance also, with the question of accountability.

Terrorism Act 2000

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Thursday 8th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, I would not say that this situation is tidy; it is not tidy. I entirely accept that it is unfortunate that we get into a situation in which we have to give some interim guidance. The Government take no satisfaction in the present situation. I say to the noble and learned Lord that there are limits to what you can do in opposition. We made our position fairly clear on the desirability of the way in which these powers were drawn and their use at the time. We have always made clear our intention to look at this legislation with a view to amending it in the context of the review that we are undertaking of counterterrorism powers. What happened is that the judgment intercepted the work that we were in any case undertaking.

[Lord Harris of Haringey]

My Lords—

Samantha Stobbart

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Wednesday 7th July 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the Northumbria Police are receiving mutual aid. My right honourable friend the Home Secretary has been in touch with the force. If it needs any further assistance, it will certainly be given it. As for the noble Lord’s basic question of whether it is a good idea for forces to help each other, we as a party are in favour of forces joining together, or indeed merging if they wish, provided there is local support for such a move.

[Lord Harris of Haringey]

My Lords, while I am mindful of the points made by the noble Lord, Lord Stevens of Kirkwhelpington, given that there has been newspaper criticism of the efficiency of the Prison Service in issuing a warning and whatever response there may have been by Northumbria Police, what safety guarantees can the noble Baroness give on behalf of the coalition Government that in a few years’ time, with 25 per cent fewer prison officers and a 25 per cent reduction in police grant, which will no doubt impact disproportionately on specialist resources, this sort of event will not recur, or is the answer that Raoul Moat would not have been in prison at all because his sentence was only 18 weeks and, as far as the coalition is concerned, people like him should roam the country freely?

[Baroness Neville-Jones]

This individual was in for a short custodial sentence. Under the regime that prevails at the moment, half that sentence was served. As things stand, under legislation that was not passed by this Government, the governor has no discretion to do anything other than release the individual. He performed a duty in warning the police.

Immigration

Debate between Baroness Neville-Jones and Lord Harris of Haringey

Thursday 3rd June 2010 Lords Chamber

[Baroness Neville-Jones]

My Lords, the individuals who returned voluntarily did so many months ago, before the hearing. That fact is relevant to the subsequent consideration of the individuals referred to in the Question. The fact that they returned and were not ill treated was one of the reasons for the Government considering that Nasser and Khan would not be ill treated on return. However, the court took the view that this was not sufficiently reliable in their case. The ability to return the two men can be revisited if circumstances change, and we are working on creating the circumstances in which that might be possible.

[Lord Harris of Haringey]

My Lords, does not the issue whether these two individuals should be deported raise a number of fundamental questions about the way in which national security is to be pursued? First, had intercept been available as evidence, would it have provided a different route for dealing with the individuals? Secondly, do the costs associated with the regime being put around the individuals represent the most efficient way of managing individuals who are considered a severe threat to the UK?

[Baroness Neville-Jones]

My Lords, those are very good questions. I shall not trespass on the hypothetical question of whether it would have been different had we had intercept as evidence. It is clearly a relevant issue, which is one of the reasons why we want to explore its availability. As for control orders, cost is clearly one element in considering what we need to do to keep the people of this country safe. The efficiency of the regime is also an element. We are considering precisely those issues in our review of control orders.