Police Reform and Social Responsibility Bill

Debate between Baroness O'Loan and Lord Harris of Haringey

Wednesday 11th May 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, the noble Lord, Lord Carlile, is trying to be helpful to the Committee. His analysis that it is difficult for us to debate anything in the Bill that relates to police and crime commissioners until a way forward has been determined is helpful. Clearly, Clause 2 does not contain anything at the moment about police and crime commissioners and there are a number of other clauses in the first part of the Bill, including Clauses 3 and 4, that do not relate to police and crime commissioners. So we could with due determination proceed with the Bill with those bits that are not affected by the decision that the Committee took earlier on.

However, there is one further difficulty and I would be grateful for the Leader of the House’s guidance on this point. We were told that the target for tonight was the group beginning Amendment 15. I suspect that a number of noble Lords worked on the basis that government targets on such matters are rarely achieved let alone surpassed. They might have wished to speak about amendments or issues subsequent to Amendment 15 but have left and would not be particularly happy if we were to proceed beyond that point without notice. Speaking for myself, I am always happy to talk on those matters that I have put down. However, it is unfair on those Members of the Committee who may have left on the assumption that the Government’s target—they are, as I said, rarely exceeded—was to reach the group beginning Amendment 15.

This process is enormously unhelpful, although I am sure that she can speak for herself, to the noble Baroness, Lady Hamwee. She has an amendment about transitional arrangements. There is a useful debate to be had about transitional arrangements—whether it should be for a year, which I think is the substance of her argument, or whether it should be for a shorter period and how it operates. But it is difficult to understand how we can debate a transitional arrangement when we do not know what transition we are making and from what state to what state. If, for example, a very simple matter were being proposed, a transitional arrangement of a year might seem excessive. However, if a more complicated change were proposed, a transitional arrangement of a year might seem appropriate.

We are in a difficult position and the Government Front Bench has put the noble Baroness in a very difficult position by encouraging her to move her amendment when we do not know what that transition will be. If, for example, the Committee were to decide that this is all getting silly and that we should stop, I would be sorry that the substance of debating transitional arrangements should then be lost. But I do not see how the Committee can debate transitional arrangements when we are not even in a position to judge what state we are in transition from and to what future state we are aiming.

The government Front Bench must help the House and find a way out of this terribly difficult impasse. I appreciate that they might have one or two slightly bigger consequences of today's vote on their minds, but we are in a difficult situation tonight. It would be better for us to have some proper time for reflection and for the Government to have time for reflection so that they can let us know how to proceed.

[Baroness O'Loan]

My Lords, I endorse what the noble Lord, Lord Harris, just said. With my limited experience of the House, I think that we are debating a police and crime panel which is defined in the legislation, which has now become part of the police and crime commission, with much greater powers than it had originally. The police and crime panel will also be the police commission. It will have powers to hire and fire police chiefs and all sorts of other powers as a consequence of this change. But we do not know what we are talking about. We do not know whether it is an elephant, a tiger or what it is. We should think again.

--- Later in debate ---

[Lord Harris of Haringey]

My Lords, the noble Lord the Leader of the House is being slightly unfair on the House. Noble Lords were very clear what they were voting for. They realised that if the amendment was passed, they were kicking a very large hole in this Bill. That was the decision of the House. What people are querying is the strange “band played on” mentality of the government Front Bench. You have hit the iceberg but the band carries on playing. No doubt, the noble Lord, Lord Strathclyde, wishes to remain at the wheel until such time as the “Titanic” sinks below the waves—you can see where the metaphor is going. My point is that I do not think it is fair of the noble Lord the Leader of the House to suggest that people were not aware of what they were doing. What we cannot understand is what the Government think they are doing.

[Baroness O'Loan]

My Lords, if I may speak again, perhaps the Leader of the House could help me by telling me exactly what it is that I am now discussing. I think that I am discussing a police commission comprising a police and crime panel that will elect one of its number to be a police commissioner that has no powers in the Bill, as all the powers in the Bill belong to other organisations. I am mystified as to what I am supposed to be thinking about.