Police Reform and Social Responsibility Bill

Debate between Lord Carlile of Berriew and Baroness Browning

Wednesday 29th June 2011 Lords Chamber

[Baroness Browning]

My Lords, I am grateful to all noble Lords who contributed to this debate. I am particularly grateful to my noble friend Lord Carlile of Berriew, in his second attempt to provide for stronger democratic accountability within all police authorities. His amendments would provide for a police authority based on the current model to be directly elected by the public. Once elected to the authority, its members would be required to elect a chair from among themselves. I am grateful that my noble friend continues to advocate the need for stronger democracy and accountability to be inserted into the current governance regime within England and Wales. I also know that he speaks with significant authority; as we heard, he has advised both police authorities and chief constables.

I have reflected on his remarks in Committee and compared them with the Government’s proposal that the public should be represented by a single directly elected individual. Both models would provide for an election involving the public, unlike the current police commission model put forward in Clause 2 of the revised Bill before us today. The Government and my noble friend are united in our desire to empower the public and to provide for strong accountability for each force area chief constable, with constructive and challenging oversight of the police force.

While the Government's model would provide for a single directly elected PCC who would be a strong voice for the concerns of the communities that they and their local police force serve, my noble friend's model would insert an intermediate stage—namely the election of the police authority—which I would argue distances the public from the ultimate decision-maker.

Crucially for the public and the Government, the PCC must be able to turn the concerns of the general public into action by working constructively with their chief constable to ensure that the police service adapts, responds and deals effectively with the unique challenges that face each police force daily. That process would only be obstructed by the cumbersome decision-making that the committee would interpose as a result of the involvement of a police authority. Although my noble friend’s amendments seek to take a step forward, the effect would be that we retained the status quo when it came to making those crucial decisions. Accountability for those decisions would be removed from a single person and vested in an authority yet again.

A PCC selected from among the members of a police authority would be heavily constrained by the demands and interests of their fellow elected committee members. A PCC elected in that way might be swayed to side with those on the committee who have voted him or her into office, rather than having the interests of the whole force area at the forefront of their decision-making. The PCC will certainly not have the strong personal mandate that would come from direct election as an individual under the Government's model.

I referred in Committee to the Home Secretary budgeting for and negotiating the cost of this model with the Treasury. The Government are committed to ensuring that the cost of establishing a full-time, dedicated PCC within each force area does not exceed the current total cost of police authorities plus the additional cost of electing the PCC. However, to increase the cost of elections to accommodate electing not one individual to office but 17 within 41 forces outside London would be untenable.

In addition, to have to pay for a full-time PCC on top of the costs of maintaining current police authority structures and allowances incurred by the current police authority membership would not be justifiable to the general public. To tweak the current system and elect the entire membership would not solve the problem in hand.

The very reason that we are introducing police and crime commissioners is to inject much needed democratic accountability into policing, with the public having a much greater say in how their streets are policed. It is not our intention to bind the hands of the police and crime commissioner by requiring all decisions to be made through a local committee, whether elected at significant public expense or not.

My noble friend indicated in his closing remarks that he did not expect me to agree to his amendments and I am not going to disappoint him this afternoon. I cannot accept his amendment and I therefore respectfully ask him to withdraw it.

[Lord Carlile of Berriew]

My Lords, I am very grateful for the customarily courteous spirit in which this debate has been conducted. It has been a fine illustration of the law of unintended consequences. Sitting behind my noble friend Lord Howard of Lympne, I watched the noble Baroness, Lady Farrington, casting a halo like a frisbee across the Chamber, and I now see it metaphorically sitting above my noble friend’s pate.