Police Reform and Social Responsibility Bill

Debate between Lord Coaker and Michael Ellis

Thursday 31st March 2011 Commons Chamber

[Michael Ellis]

I am sorry, I cannot give way, because I have been told that I have only two minutes.

The reality is that the encampment is not a traditional form of protest, as it has been described. In my respectful submission, the problem does not have much to do with aesthetics, either. I, for one, am not really interested in what the protest looks like. I am interested in the rights of others to use the square without their quiet enjoyment being obstructed. The nuisance factor also has to be taken into consideration.

The question of sleeping impedimenta is one of fact and degree. We frequently ask police constables to exercise their discretion in many areas of law, some of which are difficult to define, which is part of the reason why we must give them discretion. The term “reasonable” cannot be easily susceptible to definition, because what is “reasonable” will vary depending on the individual circumstances of the event.

We in this country pride ourselves on protest and I certainly support the right to protest, but there must be some balance. Nowhere else in the world would put up with that type of protest over such a prolonged period. That does not mean that other countries are undemocratic for not putting up with 10 years of an encampment—of course they are democratic. They proudly maintain their democracy, and so would we, but we must balance the right of the handful of people who wish to live in Parliament square to the disadvantage of others, and bear in mind the rights of the latter.

Hon. Members have asked, “What harm is being done by the protest?” Criminal damage is one example of harm. Anything that causes action to be taken by another amounts to criminal damage if it means undertaking repair work. Nuisance, noise, hygiene and health and safety issues, and the loss and effect on tourism, also indicate harm. Such persistent protests do harm. We seek not to stop demonstrations, but just to stop people permanently encamping and sleeping in the square, and disguising that as a right to protest.

[Vernon Coaker (Gedling) (Lab)]

I shall be very brief and make only a couple of comments, because the Minister will need a few minutes to speak, and my hon. Friend the Member for Hayes and Harlington (John McDonnell) will no doubt wish to respond to the debate for a couple of minutes before 5 o’clock. This has been a good debate; we also had one in Committee, when hon. Members on both sides raised many of the issues that we have debated this afternoon.

The Opposition support the Government in the repeal of the Serious Organised Crime and Police Act 2005 provisions. On both sides of the House, there is a general recognition that despite the intention, those provisions went much further than any of us would have wanted. For example, a woman was arrested for reading out the names of the war dead. Many of us—perhaps all of us—thought that inappropriate.

The Opposition agree with the repeal of the SOCPA provisions, but our position has always been that there is a need to balance the right to protest with the right of others to enjoy Parliament, and to protect their freedom, as the hon. Member for Cities of London and Westminster (Mr Field) said. We want to balance freedoms and to protect the right to protest.

In Committee, we concentrated on the workability of the Bill. I say to the Minister that considerable problems remain. I pay tribute to my hon. Friend the Member for Hayes and Harlington and my hon. Friends. He has carefully drafted, obviously with some help, a set of alternatives. I do not agree with his alternative, but he has also sought to address some of the problems that the Government seek to address.

I am surprised that the Minister has tabled only two Government amendments—57 and 58—to deal with one of the major problems with the Bill, namely that reasonable force can be used not only by a constable, but by an authorised officer of the council. In the Opposition’s view, the amendments simply do not go far enough. If my hon. Friend the Member for Hayes and Harlington were minded to press amendment 185 to a Division, he would find support on the Opposition Front Bench.

Why do the Government amendments not go far enough? The Bill still allows an authorised officer to do all sorts of things with respect to activities in the prohibited area of Parliament square. The hon. Member for Cambridge (Dr Huppert) pointed out that even with the Government amendment, the Bill still gives the authorised officer—the council employee—significant powers to seize and retain property in the area described in clause 144(1). That is an extension of the power that one would expect authorised officers to have in any circumstances. This is the policing of public protest—not littering, loud music or neighbour nuisance—and the involvement of anybody other than a warranted police officer would be a dangerous extension of power to people who are not servants of the Crown.

Police Reform and Social Responsibility Bill

Debate between Lord Coaker and Michael Ellis

Wednesday 30th March 2011 Commons Chamber

[Vernon Coaker]

We are opposed to directly elected police and crime commissioners as set out in the Bill. Having said that, the Bill will presumably go through—unless Government Members vote against their own Whip—so then what should we do? The proper and responsible thing to do is to acknowledge that fact and propose another model—the hon. Gentleman will have seen our amendments. If we are to have a directly elected individual, then as well as saying that we are opposed to that in principle, what we as a responsible Opposition should do is say how we would improve it. The amendment that we moved in Committee—the hon. Gentleman knows this, but I am repeating it for the benefit of other Members—would have made that directly elected individual the chair of the police and crime panel, and thereby would have introduced proper checks and balances in the system.

The proposal that we are putting before the House today offers another way forward. What we are saying is, “Keep them as two distinct entities”—that is, have a police and crime commissioner as a figurehead, but also have a police and crime panel with significantly enhanced powers. These are all things that, with a proper inquiry and proper research, we could check to see whether they might be more appropriate, but I will tell the hon. Gentleman this. If he was stood where I am and he was opposed to something that the Government of the day were doing, he would say that he was opposed to it, but he would also seek to improve and adapt it, to take some of the edge off. That is what we did in Committee and that is what we are doing now.

It is not just the Opposition; hon. Members will no doubt have read Lord Imbert, the former chief constable of Thames Valley police and a former commissioner, setting out his opposition in The Times today. He will not be alone, although it is easier for him, as a non-serving police officer and a noble Lord, to say why he is opposed. He says:

“If passed unamended, this Bill will undermine”

the policing model that we have had in this country for years,

“threatening the crucial political independence and non-partisanship of the police and the Rule of Law itself.”

Yesterday, Liberty published the results of a survey conducted on its behalf by YouGov, which showed the lack of public trust in elected police commissioners. In answer to the question “Who would you trust more to protect your family from crime?”, 65% chose “A Chief Constable reporting to a Police Authority, as now” as their preferred option. “A Chief Constable reporting to an individual politician elected as a Police and Crime Commissioner” was the preferred option of just 15%. Just to show that that goes across the length and breadth of the country, I found out that a survey had been conducted in Hampshire showing that only 5% of the public there support having a single elected police and crime commissioner.

That is just the sort of evidence that any inquiry would have to look at. However, the Government’s response is simply to stand back and pretend that those people are all dinosaurs who would inevitably say that, because they are looking to protect their own interests, when in fact they are trying to say to the Government, “You need to slow down a bit and look at the consequences of what you’re trying to do.” All the Minister says is, “We believe it’s the right thing to do.” I have said to him before that, with respect, simply asserting that something is the case is not the same as arguing the case. Where is the evidence for this change to policing, which will make such a fundamental difference to governance arrangements?

[Michael Ellis (Northampton North) (Con)]

Does the hon. Gentleman recall saying when he was Police Minister:

“only direct election, based on geographic constituencies, will deliver the strong connection to the public which is critical,”

and if so, did he have any evidence for saying that?

[Vernon Coaker]

The model of policing governance that we were considering at that time was exactly the sort of model that I was describing to the hon. Member for Cambridge. We were looking to see whether direct elections at a neighbourhood and local level would lead to improved governance arrangements, but let me say this to the hon. Gentleman. When all those people lined up to oppose the idea, I took the view—as did the Home Secretary at the time—that if everybody opposed something that we were trying to do, we should sometimes step back and reflect on whether we had got it wrong and whether, in all honesty, we should change direction. Some say that that is a sign of weakness or not knowing what we are doing, but we cannot have it both ways. We cannot propose to do something, have a public consultation and then say, “We don’t care what the public consultation says. If we disagree, we’re not going to take any notice.” What the hon. Member for Northampton North (Michael Ellis) described was something that was proposed at the time to deal with governance issues, but it was also something that we withdrew because we listened to what people were saying.

We could look at other issues, but I will leave the evidence there. Any inquiry that HMIC conducted would need to consider a range of other matters, but the Minister—and others on the Committee, given that we did not manage to carry the day—had no concerns about politicisation. We will come later to the debate on operational independence and the code of practice—it was a memorandum of understanding, but it has now become a protocol. Whatever: the serious point is that, given that the Government have agreed to the protocol, they must be worried that having a directly elected individual who is responsible for policing in an area risks politicising the role of chief constable. Many people have raised that issue at great length with us.

--- Later in debate ---

[Vernon Coaker]

My point is that the system the Government are seeking to introduce will not deliver the improved accountability that we want. The hon. Gentleman does not agree, as I said in Committee, but, to return to the point I was making, at least he has tried to use a piece of evidence—a small piece, but a piece none the less. Where is the massive amount of evidence that contradicts all the evidence that I have brought forward? The Government made great play of evidence-based policy when they came into power, and the main driver of our new clause is that an HMIC inquiry would allow policing experts to collect evidence to understand whether these improved governance arrangements would lead to the improved accountability that we all want.

The Devon and Cornwall, Cumbria, West Midlands and Greater Manchester police authorities all say that one person in charge of policing in their area will mean far too much work.

[Michael Ellis]

Does the hon. Gentleman not agree that a good piece of evidence is the fact that such a system is already working in London?

[Vernon Coaker]

First, if the system in London was working so well, why would the Government want to change it? Secondly, the change that the Government are making is to a completely different system from that which operates at the moment. The Metropolitan Police Authority is being abolished. The person who, through primary legislation, is going to be put in charge of policing in London through the Mayor’s office for policing and crime will be an unelected individual appointed by the Mayor of London. They will not be a directly elected individual as per the rest of the country, but an appointee of the Mayor following the abolition of the Metropolitan Police Authority. The hon. Gentleman asked why, if the system works so well, we should not expand it to the rest of the country. If the system in London is working so well, why are the Government changing it? Why not just leave it as it is? We are not changing the system in London to that in the rest of the country—we are completely changing the system in London to another system.

The inquiry would also need to look at the arrangements between a police and crime commissioner and the local democratic framework. One of the great successes of the current policing arrangements has been the introduction of the neighbourhood policing model, with the development of community safety partnerships in Wales and crime and disorder reduction partnerships in other parts of the country. Those arrangements have brought together all the various partners at a local level in order to try to tackle crime and improve confidence. The police and crime commissioner is not a responsible authority under the terms of the Crime and Disorder Act 1998.

What, then, is the relationship of the police and crime commissioner with the police and crime panel? Again, we do not understand that, and the Bill is unclear about it. I have referred to the complete lack of power that a police and crime panel has, leaving an omnipotent individual in charge of policing. Police and crime panels will have one person from each local authority—if there are not 10 authorities, we can make up the number with another couple—and a couple of independent members. If there are more than 10 local authorities, we can have a few more so that we stick to the basis of one person per authority. There is no reference to how many people might be in that local authority area or to its size—the reference is just to one person per authority, so it could be a tiny district council and a massive local authority area. My hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) mentioned Northumbria, which is a huge area covered by one council and a very small, highly populated area covered by another.

--- Later in debate ---

[Michael Ellis]

I am going to finish now. If Canada has done this and is doing it, I see no reason why England and Wales should not do it as well.

[Vernon Coaker]

I start by saying that we support the Government on the clause. It is strangely placed in this Bill, as it deals with a foreign policy and justice issue, but our foreign policy team has made its support clear. The provision is essential to maintain universal jurisdiction: it allows for the prosecution of war crimes and crimes against humanity anywhere in the world. We also support continuing with private prosecutions.

We do not believe that there should be any weakening in the standards for and likelihood of prosecution, as that would be completely wrong. However, there is a difference between the standards and procedures for arrest and the standards and procedures for prosecution. For prosecution, a higher standard of proof and the agreement of the Attorney-General are needed, whereas for arrest they are not. That means that there could be cases where people are arrested but there is no likelihood of prosecution, because the evidence is not there and the Attorney-General will not give agreement, perhaps because of campaigning on international issues in this country. We do not believe that that is appropriate, especially if it deters people from coming to Britain for purposes associated with diplomacy or peace. So it is essential to make the change that the Government propose, which would bring arrest better into line with prosecution but would not affect the chances of a prosecution. However, if the Director of Public Prosecutions is to take these decisions, he will need to do so swiftly. Justice must not be denied by being delayed.