Police Reform and Social Responsibility Bill

Debate between Lord Coaker and David Winnick

Wednesday 30th March 2011 Commons Chamber

[Vernon Coaker]

No doubt members of ACPO, including Sir Hugh Orde, its hugely respected president, will have considered the discussions on the Bill and will have continued to discuss it with colleagues in deciding on the most appropriate advice and guidance to give the Government. ACPO has regularly said that it is for the Government to determine the governance structure, but it will do its best, whatever structure is finally decided, to implement it and deliver the policing that we would all wish to see. However, it also has a responsibility to point out to the Government where there are problems, and it has done so in guidance. There is a serious need for clarity from the Government regarding the memorandum of understanding, code of practice or protocol.

It is not acceptable for this issue not to be subject to a legislative process, and I should be interested to learn whether the Minister agrees. He has agreed that there should be a protocol, and a draft is in the throes of production—no doubt, a group is working on it and discussions are under way. I suspect that there are disagreements, which is why it has not been issued yet—it is proving more problematic than the Minister expected.

We need a protocol, because we need to clarify the role of the police and crime commissioner vis-à-vis the chief constable. In Committee, we debated at length what their respective roles should be. The police and crime commissioner is elected on a local mandate and will make certain promises, but what is their mandate vis-à-vis the chief constable? Where is the line drawn between what the commissioner would wish to do and the chief constable’s operational responsibilities?

It is interesting that an amendment has been tabled by some of the Minister’s colleagues, who are as concerned as I am. Indeed, the Chair of the Home Affairs Committee, my right hon. Friend the Member for Leicester East (Keith Vaz), has added his name to amendment 149. The hon. Member for Rochester and Strood (Mark Reckless) is the lead Member for the amendment, and he is clearly concerned. The amendment has a great deal of merit, and it tries to deal with the issue. The hon. Gentleman is trying to clarify whether a police and crime commissioner has the opportunity to tell a chief constable to investigate a crime. Is it any crime, or no crime? Is that just a matter for the chief constable? Does the commissioner have any power over that?

What about the funding of units? Can the commissioner tell the chief constable what units they should have? On the apportioning of resources, the Minister looked very upset when I quoted the report by Her Majesty’s inspectorate of constabulary, which showed that only 5% of police and community support officers were not in the back office. What about the commissioner’s ability to say what the correct mix of staff is? They might not want to see as many people doing a particular job, and may want to civilianise. The Minister’s favourite thing at the moment is looking at outsourcing. What if a commissioner does not believe in that? Whose responsibility would it be?

What about the reorganisation of policing? Who has a say on that? What equipment can or cannot be used? It may be an operational decision to use horses or dogs in a public order situation, but does the commissioner have any jurisdiction or say in whether the police have a police or horse section? Is that an operational responsibility? If we had a draft protocol, we could begin to understand the differences in those areas.

We have just seen the police do a very good job overall at the weekend, and I praised the Metropolitan Police Commissioner for it. However, when I recently saw him we discussed containment. What right does a police and crime commissioner or someone else have to tell a chief constable that they had dealt with such a situation wrongly? Does the police and crime commissioner have the right to do more than express an opinion? Police and crime commissioners are directly elected. We are not talking about a police authority. Police and crime commissioners will not be appointed by the Mayor and unelected, as in London. Who has the responsibility for making such decisions? These are hugely serious issues that worry many people across the country.

The Minister’s response is, “It won’t be a problem. Don’t worry about it. Good sense will prevail. Why should the doomsday scenario presented by the shadow Minister happen?” That is a pretty poor way to legislate when we are dealing with such a serious matter. It is not enough to say, “Don’t worry. It won’t happen. Everybody’s good sense will prevail.” The amendments before us are important. Clearly, I am not the only one who is worried.

[Mr David Winnick (Walsall North) (Lab)]

Has my hon. Friend noticed the lack of enthusiasm for the concept of police and crime commissioners? A good test in the House of Commons, as he knows full well, is whether, on a free vote—which obviously is not going to occur—the Government’s project would command a majority.

[Vernon Coaker]

No, on a free vote, I do not think the measure would go through. I agree with my hon. Friend. It will be even more interesting to see whether, on a free vote, the new clause, which seeks to give a legislative base to the protocol between police and crime commissioners and chief constables, would be supported by a majority. I suspect it would.