Oral Answers to Questions

Debate between Lord Beamish and Mike Penning

Monday 13th March 2017 Commons Chamber

[Mike Penning]

We will look carefully at this as the new ships come on stream and as we spend £63 billion on the Royal Navy in the next few years. We will ensure that Devonport gets a very good look-in.

[Mr Kevan Jones (North Durham) (Lab)]

I am not sure whether the Minister mentioned this, but one of the Royal Navy’s key roles is to meet NATO commitments to protect not just this country but our allies. In that context, will he say whether the new Type 31 frigate will actually be able to meet those NATO commitments?

[Mike Penning]

I am sure that, when the Type 23 frigate comes in, it certainly will—[Interruption.] Type 31; I apologise. We have extensive NATO commitments around the world: HMS Ocean is just returning from six months in the Gulf and will be in Gibraltar soon; and HMS Daring is down off the strait of Hormuz. As for HMS Dragon, I was woken in the early hours because one of our civilian yachts was in distress with a crew of 14, some of whom were injured, and that Type 45 sailed 500 miles to rescue them. That is exactly what our Navy is for.

Policing and Crime Bill (Fifth sitting)

Debate between Lord Beamish and Mike Penning

Thursday 24th March 2016 Public Bill Committees

[Mike Penning]

I will not delay the Committee too long on this group of amendments, but I will bring joy to the shadow Police Minister in a second—something that I did not manage to do for the shadow Fire Minister on Tuesday. Clause 21 strengthens the protections for police whistleblowers by conferring powers on the Independent Police Complaints Commission to investigate concerns raised by whistleblowers without referral from a police force, to keep whistleblowers updated on the progress of the investigation’s outcomes, and to protect the identity of whistleblowers, as we would all wish.

I have looked closely at amendment 162, and there is an anomaly in it. Although I wish the shadow Minister not to press the amendment, I commit to coming back to the issue on Report, because there is a case for consulting the Police Advisory Board, on which the representative bodies—including the Police Federation, the Police Superintendents Association, police officer and staff associations and the Police Staff Council—are represented, to bring it in line with proposed new part 2B of the Police Reform Act 2002.

[Mr Kevan Jones (North Durham) (Lab)]

Will the Minister outline what he has in mind by “specific exceptional circumstances” in the regulations? What will be exceptional?

[Mike Penning]

It would have to be absolutely exceptional, such as for national security. With that in mind, I thank the shadow Minister for tabling amendment 162, and I will basically do what he is asking for on Report. So that I can formulate it correctly, I ask him not to press amendment 162 but to accept the Government amendments.

Policing and Crime Bill (Third sitting)

Debate between Lord Beamish and Mike Penning

Tuesday 22nd March 2016 Public Bill Committees

[Mr Kevan Jones]

I do. The example to which my hon. Friend refers is replicated in other parts of the country where the police have in many cases taken the lead, working jointly with the NHS to set up those facilities. They make the experience better for those individuals who are in crisis. As he rightly says, they provide a more efficient way to deal with police time. Without a provision to enable this, I fear we will do all the work in the Bill on changes to the Mental Health Act 1983, which I welcome, but end up saying, “This is what we want to happen but will it happen in practice?” The example in his constituency shows that where there is a will and local drive, this can happen. My fear is that we will get a patchwork quilt of provision across the country. It would be helpful if we could make co-operation to deal with these issues statutory. I will come to another point later when we talk to amendments relating to the Mental Health Act.

I commend the Government’s aim to prevent people in mental health crisis from going to police cells. However, unless there is alternative provision in place, that will not happen. The need to monitor what happens to individuals should be recognised. If we reach the point, which we all want, of having no one in police cells, but without the people concerned getting adequate care elsewhere, we will have failed them. I will address that point later. I am now interested to hear what the Minister has to say.

[Mike Penning]

I say at the outset that I understand the intention and good will behind the amendments. I put my hand up to a typo where “and” appears instead of “or”, which will be corrected later.

I say to the shadow Minister that the duty in clause 2 would be subject to the restriction in clause 3. Clause 3(1) sets aside the duty to enter into a particular collaboration agreement if that agreement would negatively impact on efficiency or effectiveness. Therefore, the Bill specifically addresses the point she raised. I will not dwell on that because it is not a matter of semantics. She is quite right, but clause 3 addresses that.

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[Mr Kevan Jones]

I welcome the Minister’s point. Our amendments are the grit in the oyster, in the sense that they are going to force others to improve facilities. Having seen different Departments when in government, I know that without some direction from the Bill, it will not happen. The Minister and his colleagues have great intentions and I pay tribute to him and to the Home Secretary for addressing this issue, but without something on the face of the Bill or some movement during the passage of the Bill, it will not happen.

[Mike Penning]

Nothing would happen if we were not doing this. I thank the hon. Gentleman for his kind comments. We are starting to drive this. An inter-ministerial group on that specific issue was formed during the last Government. It still sits and it will push on with this. I do not think that the amendment is necessarily the right vehicle, but I agree that we must push it forward. Otherwise, the health and social services will be knocking at the door, saying, “We’ve got nowhere else to go,” as we often hear.

I used to experience that when I was in the fire service, and it still goes on. I have been stationed with the police when it has happened. It is usually at 4 o’clock on a Friday afternoon. Social services phone up saying, “We haven’t seen Mary or Johnny. Would you go round and check on them over the weekend?” The answer must be “No, that is your legal responsibility, not ours.” I know that that is a development of what we were talking about, but it is exactly what goes on: “Would you go in and open up for them?”. It is a difficult area, but one that we must touch on.

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[Mr Kevan Jones]

May I echo the points made by my hon. Friend? This is actually happening on the ground. As a former Minister, I have seen close up the tendency of this Government to think that all the pearls of wisdom are contained within Whitehall, when clearly they are not. As my hon. Friend says, in many cases this is being driven by cost. County Durham and Darlington fire and rescue service, whose budget has been cut by the Government, has had to look at new ways of delivering services. However, the driver has not just been cost; it is also the recognition that, working together, ambulance, police, fire—and, in this case, mountain rescue—services can deliver a better service for the public. That public sector ethos is alive and kicking in my local area, where the public come first in terms of the service they give. If they can do things to improve that, it is all the better.

What would the Minister judge as collaboration? I accept that he might want to give examples of where that is not happening and the reasons why. In Durham, we have tri-responders: the police, fire and ambulance services. In a large rural county such as Durham it is not possible to have a physical presence from all three services in all areas, and they have worked together very closely. That has been driven not just by the police and crime commissioner but by other services working together.

What would be an example of failure? The Bill talks about co-operation, but to what level? Is this about the response to incidents? There are good examples of the co-location of services. In County Durham, it is not just about ensuring that we get more efficient use of estates. Things such as open days and the provision of public information, including to schools, are now being done on a joint basis by the police and fire. As my hon. Friend rightly says, the incidents that affect many of our constituents are not just pigeonholed as requiring a police response, a fire response or an ambulance response. Those things are working very well, so I would like to know what will be achieved with this measure. Can the Minister point to examples of where that is not happening and, if it is not happening, has he examined why? I have outlined the great work being done in County Durham. What would the Minister see as failure or as not meeting the co-operation target? Is he laying down from Whitehall, as seems to be the tendency of this Government, a framework that local PCCs and fire authorities have to meet if they are to meet this test? I think that, without that, what happens in different areas will be pretty arbitrary.

I represent quite a rural constituency in County Durham, although the Government have not recognised Durham as a rural county in their local government funding settlements, possibly because it votes Labour rather than Conservative. Responses that work in London may not work in rural areas such as County Durham. Providing the flexibility to allow local fire chiefs, local fire authorities, PCCs and the NHS to collaborate on what works best locally would be the right approach. If the Minister tries to direct from Whitehall a template that each area has to adopt, it will not work.

[Mike Penning]

I will not detain the Committee long. I think that there were three main questions.

Police Funding Formula

Debate between Lord Beamish and Mike Penning

Tuesday 1st March 2016 Commons Chamber

[Mr Jones]

rose—

[Mike Penning]

rose—

[Patricia Gibson]

If you do not like giving fair funding formulae to Scotland, you had your chance last September, when you kicked and screamed to hold on to us. In the light of that decision last September, all we ask for is fairness. We are of course a valued and equal partner—well, let us be so.

[Mr Jones]

rose—

[Mike Penning]

rose—

[Patricia Gibson]

I have dealt with that point comprehensively.

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[Mike Penning]

I will come on to the report’s recommendations. Whether we use the organisations referred to by the Home Affairs Committee or others, it is crucial that we have the confidence to say, “This is where we are, this is what we think is right and the chief constables are with us.” I reiterate, however, that whenever the contents of a pot of gold are dispersed, there are winners and losers. At the end of the day, though, we must make sure that it is fairer.

[Mr Kevan Jones]

The Minister is right to raise the important issue of the pressures put on police forces by historic abuse cases. Durham faces a £2 million-plus bill for Operation Seabrook. Is it right that such a complex investigation, which is clearly needed, should fall on Durham? Should there not be a central pot to refund it for such operations?

[Mike Penning]

The hon. Gentleman raises an important point. Some forces have much larger percentage costs for historical cases and they have an opportunity to apply to the Home Office for assistance. It is right and proper that the investigations are done by the forces. Some investigations were not done correctly early on, which is even more reason why we should address them. I know about the inquiry referred to by the hon. Gentleman and I am more than happy to look into it. A piece of paper will probably be passed around my back while I am speaking, but I do not think I have had a request from Durham.

On the subject of Durham, it has done fantastically well, hasn’t it? If someone from the moon had landed here this afternoon and listened to this debate—some people probably wish they had travelled in the other direction—they would have thought that Durham had really struggled, so let us say from the outset that it has done fantastically well. It has even done really well in the latest independent reports on police effectiveness, efficiency and legitimacy. It has been rated outstanding on nine of the 12 points, good on another two, and the other one, which relates to a serious error on stop and search and the use of a Taser, requires improvement.

The force has done all that with a reduced workforce and a higher percentage of officers on the front line. It has experienced a substantial reduction in numbers, from 1,705 to 1,057, but it has massively reduced crime, including during this year. When the hon. Gentleman gets to his feet, I am sure that he will praise the police in Durham, as I have done.

[Mr Jones]

The Minister cannot have been listening to my speech, in which I praised the great leadership of the chief constable, Mike Barton, and the Labour PCC, Ron Hogg—and, more importantly, the men and women of Durham police. That is no reason why the force should not be fairly funded, however. It has done things well, but that has not been achieved easily. Clearly, it would not have got a fairer funding formula under the Government’s proposals.

[Mike Penning]

Durham has done more with less, and it has done so excellently. I agree with the hon. Gentleman completely, as I have said at the Dispatch Box on more than one occasion, that we need a way of funding our police that is fairer than the existing formula. He has said on more than one occasion today how difficult things have been for Durham. He is quite right to say so, and things have been difficult for other forces as well. I believe in giving praise where praise is due, and Durham has done fantastically well. It has reduced crime with fewer police but a higher percentage of officers on the front line than in 2010, and that is great.

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[Mike Penning]

I hope I did not say that because that is not what I intended to say. I intended to say that forces that have already collaborated should not be worse off by anything that we bring forward. The chiefs are doing their own capability review across policing—the collaboration with other services is a slightly different thing. Once I know where that delivery point will be and, in other words, where they think the services will be—they could be in ROCUs or local collaboration, as in my hon. Friend’s part of the country, or within the NCA, or within a force—we will have a basis for coming forward with a fairer formula.

[Mr Kevan Jones]

I want to ask a question about what the Minister is trying to achieve. If he is doing that now, why was it possible in the previous review to think that he could come up with a fair funding formula in eight weeks? What is the role of the Treasury? Is it still sitting on his shoulder trying to get savings, or are we starting with an entirely new process? One key thing that has been raised in the debate—I think the Minister realises it—is that he has to get the confidence back of chief constables, PCCs and the police family.

[Mike Penning]

I have broad shoulders, but they are not broad enough to take on the whole Treasury. However, the Treasury’s influence is only that it is a flat cash terms agreement for four years, not one year. That is the agreement we have. All the chiefs and PCCs know it. They did not know—they do now.

It would be wrong if I did not mention Scotland, not least because we heard a very interesting contribution from the hon. Member for North Ayrshire and Arran (Patricia Gibson) and another one. I did not allow myself to get involved in the spat between the Labour party and the Scottish National party. All I can say is that I thought the SNP position was—I am almost lost for words—ridiculous. That is being polite. Suppose someone goes to their bank manager and asks for a loan of £10,000, £100,000 or even £1 million and he agrees it after looking at the business plan. If, as they walk out after presenting their business plan, they say to the bank manager who is giving them the money, “By the way, I want another 20%,” he will laugh. I laughed when I first read that that is exactly what the Scottish National party has done.

Police Funding Formula

Debate between Lord Beamish and Mike Penning

Monday 9th November 2015 Commons Chamber

[Mike Penning]

One reason that the funding formula was not changed by the previous Administration or any other Administration is that it is so damned difficult. I know that that is not parliamentary language, Mr Speaker, but it is true. I have experienced this in the past couple of months. The fact that it was hard was not an excuse not to do it, however, and we do need to get it right.

[Mr Kevan Jones (North Durham) (Lab)]

I welcome the Minister’s statement today, but he must realise that the buck stops with him and not with his officials. I find it remarkable that it took 24 hours for him to find out about the problem, and that his officials did not tell him sooner. Does he not realise that the Home Office has now lost all credibility among the police and the police and crime commissioners—the police family—over this process? Is it not about time he took up the suggestion of the Chair of the Home Affairs Committee, my right hon. Friend the Member for Leicester East (Keith Vaz), and established independent oversight of the process?

[Mike Penning]

I do not accept that the whole police family has no faith in the Home Office or in me. The hon. Gentleman is absolutely right, however, to suggest that, so far as ministerial oversight is concerned, I am ultimately responsible. That is why I have not blamed an individual civil servant or any Department. At the end of the day, this is my responsibility, which is why I am standing here now.