Police Reform and Social Responsibility Bill

Debate between Lord Coaker and Greg Knight

Wednesday 30th March 2011 Commons Chamber

[Mr Greg Knight (East Yorkshire) (Con)]

Does the hon. Gentleman accept that the new clause, as drafted, is in pretty poor shape? Even if we accepted it into the Bill, could not the Minister publish a memorandum under subsection (1) containing the word “none”?

[Vernon Coaker]

That might be a good debating point, but as a Bill goes through the House we need to debate its principles and the right legislative approach. We do not have the Queen’s counsel support that is available to the Minister, so the odd drafting error might occur, but that does not alter the thrust of what we are trying to do through the new clause. If the right hon. Gentleman had been here for the earlier debate he would know that the Minister, even with his bank of lawyers, supporters and helpers, has had to propose a number of amendments to correct drafting errors. So it is not only me who makes the odd drafting error, but I am doing it on my computer. Notwithstanding any drafting error, if we regard as right the principle that a protocol or memorandum of understanding should be subject to the affirmative resolution procedure of the House, we should support it.

In its evidence and the report it issued yesterday, ACPO said that

“there are three broad areas where we believe improved safeguards are required”.

I shall deal with only the first of those three, as it relates to the new clause. ACPO said of the first area:

“Clarity on the responsibilities of the PCC”—

the police and crime commissioner—

“and Chief Constable. The proposed ‘protocol’ is still early in its development. We believe such a key document will need to be specific and legally binding—such as through a Code of Practice founded in law.”

That was ACPO’s advice yesterday. It continued, at paragraph 50:

“ACPO has real concerns that the Bill does not fully recognise the uniqueness of the tripartite system between the Home Secretary, Chief Constables and local democratic governance. It is considered that the Bill places too much emphasis on local considerations giving disproportionate power to the PCC to the detriment of the necessary national and legal responsibilities placed upon the Home Secretary and Chief Constables. Our concern is to ensure that Chief Constables have sufficient operational independence safeguarding their impartiality to balance the various duties and accountabilities they face. Currently, it is at best uncertain that the safeguards under development in parallel with the progress of the Bill will achieve that aim.”

I think ACPO is clearly telling the Minister that he needs to amend the Bill in a similar way to that suggested in my new clause.