Police, Crime, Sentencing and Courts Bill

Lord Bach Excerpts

Lords Hansard - part one & Committee stage
Wednesday 27th October 2021 Lords Chamber

[Lord Paddick (LD)]

My Lords, we on these Benches want to probe whether Clause 13 needs to stand part of the Bill. Can the Minister explain to the Committee why there is a need for legislation to allow a local policing body, presumably a directly elected mayor or a police and crime commissioner, to assist in preventing or tackling serious violence?

I could understand if the clause stated that local policing bodies must assist or monitor what specified responsible authorities were doing and must report their findings to the Home Secretary, but that is not what it says. It says that such assistance, monitoring and reporting are voluntary, in that these bodies “may” assist, “may” monitor and “may” report.

Subsection (4) states:

“The Secretary of State may by regulations make provision conferring functions on a local policing body”.


Does that mean that, although in primary legislation—the Bill—all this is voluntary, the Secretary of State can by regulation make it compulsory?

Subsection (5) states that the functions contained in regulations

“may include provision ... for a local policing body to arrange for meetings”.

Why does the Secretary of State need to pass regulations for a directly elected mayor to hold a meeting? Can the Minister explain why Clause 13 needs to be part of the Bill at all? We on these Benches are struggling to understand why.

[Lord Bach (Lab)]

My Lords, I am grateful to the noble Lord, Lord Paddick, for this stand part debate. If the Committee will forgive me, I will say, as quickly as I can, a word or two about how I perceive the role of police and crime commissioners up until now.

Clause 13 is clearly an important element in establishing, from the Government’s point of view, a serious violence reduction duty on a more statutory basis—if I can put it that way—than exists presently. This obviously involves police and crime commissioners in particular. It is important to remember—I think this is what the noble Lord, Lord Paddick, was getting at, in part—that police and crime commissioners have, in their nine-year existence, voluntarily worked hard to establish partnership working and commission partnership services. In many cases, they have taken a lead in those partnerships.

There is a fundamental misunderstanding—not, I am sure, in this Committee—that, somehow, the only real role for police and crime commissioners is to hold their police force, and the chief constable in particular, to account. That is a crucial part of their duties, but I point out—the Committee does not need this pointing out—that they are not just police commissioners but crime commissioners as well. At the very least, they should have a significant duty to find ways to prevent crime and its effects on victims and society, working alongside partners, of course.

This is not about dealing with crime that has taken place, whether it is antisocial behaviour or serious violence. It means dealing with what has become a hackneyed phrase but is crucial here: the causes of crime, going back to early childhood development and early intervention. It is always about poverty and its effect on crime. It is about bad and lousy living conditions, and it always involves looking after the vulnerable, whoever they may be—we are all vulnerable at some stage or other in our lives. Above all, it is about preventing lives being thrown away, whether they are those of victims or perpetrators. I have to confess—noble Lords may have already realised that this is what I am about to say—that this kind of work or duty, as I call it, gave me and many other police and crime commissioners the greatest buzz of all.

It was crucial to achieving anything that one worked with partners, local and national, very much including government. To their credit, the Government set up violence reduction units, changed their support—I do not mean that in any bad way—and became very keen on the public health approach to dealing with these matters. That was a huge and important change, and many of us were convinced by the work that we did and seeing what happened in Scotland that this was the right course to take.

Where I was police and crime commissioner, we have what we call a violence reduction network, rather than a unit. I argue that it has achieved quite a large amount already, with great projects. My predecessor as police and crime commissioner for Leicestershire ran and started an office of the police and crime commissioner-run strategic partnership board, or SPB, which, by the time I left office, included all—I mean all—of the main public services in the area covered by the force, from local government to health, education, the police, fire and ambulance services and more.

The other example I give is that I was the chairman of the East Midlands criminal justice board. Other police and crime commissioners were chairs of their local boards or whatever they chose to call it. Clearly, if Clause 13 and other parts of this chapter pass into law, there will be—I am guessing that this is how the Government will put it—more statutory backing for this way of approaching the serious violence reduction duty. I am not against that in principle, but my one concern is that, in my experience, police and crime commissioners are a little bit like elected mayors: if they are good, they are very good, and they can make a huge difference, but if they are not so good, they can make a huge difference the other way.

I was lucky in that I had a brilliant team working for me in my office. As it happens, it has been decimated by my successor, but that is for another day, certainly not for today. Also, when I was there, other police and crime commissioners, whatever their party politics or lack of it, seemed to me to be able people who wanted to do the right thing and were very committed. As the noble Baroness and the Committee will know, many new police and crime commissioners were elected in May this year, which is no doubt a good thing, and many more of them were women—it is about time, too. It is too early to say whether they will grab these extra opportunities, but I hope that they will.

There are two big issues as far as the future is concerned in the real world. One, of course, is data sharing, which the Bill is very concerned about, and so it should be. So often, people of good will get together on behalf of organisations that are not prepared to share data. That has to change in this area, otherwise there will be no achievement. The second issue—I hate to mention it but it is the usual one—is funding. If we are going to fund all these exciting proposals, it will require government to take a leading step in that.

I am grateful to the Committee for listening to my speech. I thought it might be useful in terms of this clause.

[Lord Rosser (Lab)]

I thank the Minister for her explanation of government Amendment 59. She said it makes a minor clarifying change, and we have no concerns to raise on it. However, I look forward to the Minister’s replies on the questions and issues raised by the noble Lord, Lord Paddick, and my noble friend Lord Bach. I am not sure whether I have fully understood this issue, and if what I am going to say now indicates that I have not, I apologise in advance.

The noble Lord, Lord Paddick, indicated in his explanatory statement, which he repeated, that he has tabled the Clause 13 stand part Motion so that he can

“probe how the provisions of this Bill and the Crime and Disorder Act 1998 will work in practice; and the relationship between Crime and Disorder Partnership and Police and Crime Commissioners.”

As I understand it, Clause 13 provides that local policing bodies, such as PCCs and the Mayor of London, may assist authorities in delivering the serious violence duty, monitor how authorities are exercising their duties, report back on their findings to the Secretary of State and be given authority by the Secretary of State to assist the duty in specific ways, such as providing funding or convening meetings on the duty. It also provides that authorities must co-operate with local policing bodies. The Crime and Disorder Act 1998 created community safety partnerships, and that raises the issue of how this duty will interact with the existing duties on CSPs.

The Government have published draft guidance on the serious violence duty. It says:

“In order to comply with the duty it is not necessary to create a new partnership, instead the specified authorities should use existing partnerships where possible and with appropriate modifications.”


It goes on to say:

“The Duty is an opportunity to simplify and add focus to existing partnership arrangements rather than add any additional complexity to the current multi-agency landscape.”