Policing and Crime Bill

Lord Blair of Boughton Excerpts

Committee: 2nd sitting (Hansard - part two): House of Lords
Wednesday 26th October 2016 Lords Chamber

[Baroness Henig (Lab)]

I support the amendment moved by the noble Baroness, Lady Harris, in the strongest possible terms. In doing so, I declare my interests as recorded in the Register of Lords’ Interests.

In my long police experience, both in Lancashire and nationally, superintendents and chief superintendents have been the indispensable filling in the police sandwich. Powers from the chief constable and his or her team are delegated down to them, and in turn they take command of and lead the ranks below them. They are the ones who head up important basic command units. They sit on council community safety panels and a range of other local bodies. They establish important relationships with borough council clerks and with council leaders. They were during my time as a police authority chair, and I am sure they still are, the most essential of all the ranks—the indefatigable heads of department, the middle managers just below senior rank, the leaders of the future and the officers with years of constructive practical experience. They are the ones who authorise a range of practical policing strategies in districts, who largely deal with the queries of local Members of Parliament and of councillors, and whose experience is essential to the force. Policing could not be delivered effectively without them.

So why should the rank not be prescribed in legislation, given the centrality of their role? A force would struggle without superintendents—they would have to be reinvented. Indeed, I seem to remember that in the early 1990s the Sheehy report recommendations included the abolition of the rank of chief superintendent. That abolition did not last very long—the rank was reinstated a decade or so later, and I was not in the least surprised. In the light of that experience, I support the amendment that the rank of superintendent should be listed alongside that of constable.

[Lord Blair of Boughton (CB)]

My Lords, I have not read the speeches of the two noble Baronesses. I am about to make a speech on an amendment that I am about to move. I can only say that it completely dovetails with what has just been said. I am not entirely certain that the superintendent is the most important rank in the police service, but I probably have a special interest in some of that. However, I absolutely subscribe to the point of view that superintendents are the workhorses of governance and practice and I support this amendment.

[Lord Paddick]

My Lords, I support to an extent the amendment in the name of my noble friend Lady Harris of Richmond and the noble Baroness, Lady Henig. Clearly, superintendents, as my noble friend articulated at length, play an essential role, which is recognised extensively in legislation.

Also in this group, I and my noble friend Lady Hamwee intend to oppose the proposition that Clause 46 stand part of the Bill. Clause 46 allows the Secretary of State by regulations to specify the ranks that may be held by members of police forces other than chief officers of police. A great deal of concern has been expressed in the public domain recently about the cost of, and the perks given to, chief officers of police. One would have thought that if the Government were going to legislate, that is an area that they might have turned their attention to. As the noble Lord, Lord Blair of Boughton, mentioned, we have been here before with the Sheehy report the last time that the Conservative Party was alone in government.

From memory, it was a decision of the Sheehy report and the Government to abolish the rank of chief inspector. At some stage before that was fully implemented, the decision was rescinded. The police service paid off a lot of chief inspectors to get them to retire because it had been told that the rank was going to be abolished, but it never was. That led to the mass recruitment of chief inspectors to fill the gap that had been left because the police service had pensioned off early a lot of the chief inspectors that it then needed.

My point, which the Minister has made continually over the issue of volunteers, is that it should be left to individual chief officers to decide. In the case of police volunteers, the flexibility should be available to chief officers to use them however they want and to give them whatever powers they wish. Surely exactly the same argument applies here: it should be left to individual chief constables to promote officers to particular ranks—or not—depending on local need.

While I accept that, especially in legislation, the superintendent has a particular and pivotal role, similar arguments could be made for police sergeants as custody officers and so forth, or for police inspectors who are often operational team leaders. One could go through and make a case—perhaps not as compelling as that put forward on behalf of the superintendent—for each and every particular rank to continue to exist, given different scenarios in different police forces.

I appreciate that the legislation simply gives the power to the Secretary of State through regulations to specify the ranks but I would argue, for the reasons I set out, both that that is unnecessary and that it limits the flexibility of chief officers in designing a police rank structure that suits their local needs.

--- Later in debate ---

I hope I have said enough to underpin what the noble Earl said in his introduction of those three amendments. A severe problem is beginning to develop that we are not selecting the right people, training them and posting them in the right way. I would advocate—I hate to say this—that we could well go back to where we were a few years ago with some advantage. As we are, we are standing on the brink of what I would call a steady drift towards mediocracy. That bothers me as an ex-police officer. I wish I did not have to say that. The amendments are integral and I support them.

[Lord Blair of Boughton]

My Lords, I am most grateful to the noble Earl, Lord Attlee, and to the noble Lord, Lord Dear. My response to the situation is quite close to that of the noble Lord, Lord Dear—to be honest, I am quite surprised at how close it is. It is complete dismay. My dismay is that these amendments have been tabled by four Back-Benchers when they should be the responsibility of the Home Office. Police leadership is in crisis not because of the men and women who are doing it now but because the structures and processes just outlined by the noble Lord, Lord Dear, have just been let go.

I will deal first with my response to the noble Earl’s amendments. I do not think that the international policing aspect works. It does not work, first, for the reason mentioned by the noble Lord, Lord Dear, that officers tend to go when they have already retired. The second reason is that many police officials across the world are effectively judicial officials and Governments absolutely hold tight to themselves that their nationals should perform those jobs. There is no embedding. The third reason, which is about United Nations or other peacekeeping arrangements, is that the UN, or whatever body, insists that officers should be armed. In our time only the RUC—now the PSNI—would release those officers. In the Metropolitan Police only 7% or 8% of its officers are armed. It will not send those away to police somewhere else under any circumstances. With the greatest respect to the noble Earl, I do not support that position.

On Amendment 177, about experience in different police forces, I absolutely agree with the noble Lord, Lord Dear, who was an inspector of constabulary. At the time, I was the staff officer to the Chief Inspector of Constabulary and he, on behalf of the Home Secretary, controlled who was appointed to where in this sense: you had to have passed the strategic command course, you were then recommended on the decisions of the inspectors as to what calibre of officer you were, and sometimes you were specifically told by the Home Office that you were not to apply for a job because it was too small for you.

The best people were being sent to the best jobs. I really have expertise in this particular point because I administered that system for two years, as the noble Lord, Lord Dear will know. It was very brutal but it was very accurate. We have lost the rule that you could not do the top three jobs in any police force. You were not allowed to do that; you could not be an assistant, a deputy and a chief constable in the same force; you could not be the parish pump. You just would not get on to the list. Somehow, somewhere during the coalition, that disappeared.

The noble Earl’s amendment is about leadership. Somehow, we managed to sell the Police Staff College at Bramshill without replacing it. It is not a royal yacht, it is not just a generally good idea to have one; it was the absolute essential of what made the United Kingdom police service the envy of the world in the selection of its chief officers. We have lost it. Nobody knows where it has gone. Bramshill is sold. Why is the Home Office not bringing this matter forward rather than two, three or four Back-Benchers at 10 pm?

I now move to Amendment 178A, which is tabled in my name and that of my noble friend Lord Condon, who will speak in a moment. I had the pleasure of talking to the Minister this afternoon about this amendment, and I am very grateful to her. I really hope that the Official Opposition and the Liberal Democrats will look at this amendment and perhaps by the time we get to Report we will have some coalescence around this position.

I am sorry to bring the Committee back to this, but I need to return to my speech at Second Reading, which went back to a debate during the passage of the Anti-social Behaviour, Crime and Policing Bill when it was suddenly discovered in this House that there was no longer a requirement for any senior police officer to have policing experience. It had disappeared somewhere in a lacuna in the different legal processes. The four noble Lords who had been commissioners of police were sitting and standing open-mouthed at the discovery that this had happened behind their backs without anybody noticing.

As the noble Lord, Lord Dear, said earlier, we are returning to the pre-Second World War situation. Most of us have seen “The Mousetrap”, where the chap reaches for the telephone and says, “I’ll ring the chief constable. He was in my regiment”. We stopped that after 1945 and said that it would be a good idea if senior police officers had police experience. I accept the ideas of deregulation and devolution, but somehow this Government, and, to be fair, particularly this political party, seem to be of the view that policing is unlike anything else and that it is not important for senior police officers to have had experience of doing middle-ranking work as the superintendents whom the noble Baronesses, Lady Henig and Lady Harris, reported on. I do not understand that. You would not do that in the armed services, law, medicine or accountancy.

This amendment would put back into statute that it would be a good idea—just a simple, good idea—if the beginning point was that it was likely to be useful if somebody had served in a senior police rank before they applied for a higher one. The amendment makes two separate provisions. It allows the exception that the Anti-social Behaviour, Crime and Policing Act put together which allows a foreign officer to do it if he or she has the right experience, and it certainly allows for the kind of transfer, if this is to be the case, in which fire officers become involved via the PCC, but it states that the Secretary of State on the advice of Her Majesty’s Chief Inspector of Constabulary should agree that. The opening position is that you cannot be promoted to the senior ranks of the police service without having been at a middle or more senior rank beforehand unless the Secretary of State says so.

If something like this is not enshrined in law, I have to agree that the rather dismal predictions of the noble Lord, Lord Dear, will come true. This Government and their predecessor have created a thing called Police First, which is about bringing bright young men and women into the police service at the rank of superintendent. What is the point of coming in at the rank of superintendent if you can come in at the rank of chief constable? Why would you bother? What is this about? Why is it not the position of the Government, the Opposition and the Liberal Democrats that it is simply a good idea that policing should be like any other profession and that experience is a useful thing to have? That is the simple part of my amendment, to which I hope the noble Lord, Lord Condon, will speak in a moment.

--- Later in debate ---

Moved by

[Lord Blair of Boughton]

178A: After Clause 47, insert the following new Clause—
“Eligibility for senior police posts
(1) The Police Act 1996 is amended as follows.(2) After section 50B (inserted by section 46) insert—“50C Eligibility for senior police postsSubject to section 140 of the Anti-Social Behaviour, Crime and Policing Act 2014 (appointment of chief officers of police)—(a) an application may not be considered from any individual applying for the post of—(i) Assistant or Deputy Chief Constable in any police service;(ii) Commander or Deputy Assistant Commissioner in the Metropolitan Police Service; or(iii) Commander or Assistant Commissioner in the City of London Police;without previous experience in the police service in the United Kingdom at the rank of Superintendent or above, unless prior approval has been given by the Secretary of State, following advice from Her Majesty’s Chief Inspector of Constabulary;(b) an application may not be considered from any individual applying for the post of—(i) Chief Constable in any police service;(ii) Assistant Commissioner, Deputy Commissioner or Commissioner of the Metropolitan Police Service;(iii) Commissioner of the City of London Police; or(iv) Director or Deputy Director of the National Crime Agency;without experience in the United Kingdom’s police service in a rank no lower than two ranks below that to which the application is being made unless prior approval has been given by the Secretary of State, following advice from Her Majesty’s Chief Inspector of Constabulary.””

[Lord Blair of Boughton]

My Lords, I should say to the noble Lords, Lord Paddick and Lord Rosser, that the reason I did not consult either of them was that I never expected that we would reach this clause on this day. It was only on Friday that I discovered, through the excellent Bill team, that we were going to reach this point. I would like the opportunity to talk through with Labour, the Liberal Democrats and the Government whether we can move forward.

Peel said something very interesting—that,

“this should not be an occupation for gentlemen”.

It took me 30 years to understand what that remark meant. It meant an extraordinary Victorian experiment, because that was the period in which you bought commissions, you bought livings and you bought places in the Civil Service. Peel was saying that the police service should be a meritocracy.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

Does the noble Lord wish to withdraw his amendment?

[Lord Blair of Boughton]

I beg leave to withdraw the amendment.

Amendment 178A withdrawn.