Police (Detention and Bail) Bill

Debate between Lord Coaker and Nigel Evans

Thursday 7th July 2011 Commons Chamber

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I call Mr Coaker.

[Vernon Coaker (Gedling) (Lab)]

Perhaps I should explain to Members who were wondering why I was not standing up to speak that I was trying to give others a chance to make a contribution. Some of what I say may appear to repeat aspects of the debate we have already had, and although I do not mind being subjected to barracking, I hope I will not be subjected to barracking over and above what one might normally expect.

As we have now moved into Committee, let me go into a little more detail. To be fair to the Minister, a few moments ago he could have done with a little more time to address some of the measures he is trying to rush through. Clause 1 is essentially the Bill, so it is almost as if we are repeating Second Reading, but let me say again from the outset that we support the provisions in clause 1. We absolutely agree that we need to fast-track the Bill, and the reasons for that are well set out in the explanatory memorandum.

Earlier, the shadow Home Secretary was trying to elicit from the Government answers to two key questions on fast-tracking and the legal advice and preparation—or lack of it—that the Home Office made in introducing the Bill. First, our understanding is that the Attorney-General was asked by the Supreme Court to intervene in the public interest in the application for a stay of judgment. Did the Attorney-General intervene and support the Government? Was he involved in seeking that stay of judgment in the Supreme Court? As I say, we support the fast-tracking of the Bill, but secondly, will the Minister tell us when the Home Office commissioned officials to draw up draft legislation? It would be of interest to us all to know when that advice was commissioned, so that we could have greater clarity about the Bill and the speed with which the Home Office acted. Our view is that it did not act as quickly as it might or should have done.

We do not, in any way, underestimate the importance of and need for speed in this matter, as 80,000 individuals are currently on police bail. If hon. Members have not had the opportunity to look at the submission from The Trade Union and Professional Association for Family Court and Probation Staff—NAPO—I urge them to examine it. That body has put together some case studies that illustrate some of the difficulties that have arisen as a result of the judgments. I shall just discuss one of its examples, which relates to a 24-year-old man arrested on suspicion of an alcohol-fuelled assault and affray. He was held in cells overnight to sober up, and it is believed that that counts towards the 96 hours. His interview was then delayed for a further two hours to wait for the duty solicitor. He was then bailed on condition that he avoided the victim and the pub, and the police are now collecting witness statements and forensic analysis from the site. Five days have already passed since the incident, and so the bail conditions will fall. NAPO’s submission contains other examples, which are set out for the Committee. Those case studies are extremely important and they show why the Government have introduced this fast-track Bill.

In the previous debate the Minister started to respond to some of the questions posed by hon. Members from both sides of the House. If we examine what Liberty, Justice and many hon. Members have said about the Bill, we find that everyone accepts the need for it to be fast-tracked. However, we need to consider what my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) was saying, as it goes to the heart of the matter. As he set out, the Bill contains no sunset clause and, irrespective of whether or not that is the right way to proceed, that does not mean that the Government should not consider some of the issues that people have raised. The fact that everyone accepts the need for it to be fast-tracked does not mean that we should not address the issues relating to time limits for how long somebody can and should be able to remain on police bail, and those concerning some of the conditions that are attached to bail.

I believe that the Minister said earlier that the system had been operating for 25 years without anybody raising such issues and so there was not previously a problem. I do not mean to misquote him, and apologise if I am doing so, but the fact—or not—that these issues have not been raised before does not mean that the Government should not consider examining those that have arisen as a consequence of the judgment. There needs to be a debate. Given that the Bill contains no sunset clause, will the Minister say whether he feels that there is a need for a debate about time limits and the application of conditions in police bail, just to see whether any change to the guidance should be made? There may well be no need as a result of that debate to make such a change, but all this throws up an opportunity for us to discuss with the police and others whether any change is needed.

Police Reform and Social Responsibility Bill

Debate between Lord Coaker and Nigel Evans

Wednesday 30th March 2011 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I have now to announce the result of a Division deferred from a previous day. On the question relating to local government, the Ayes were 297 and the Noes were 187, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

New Clause 5

Memorandum of Understanding

‘(1) The Secretary of State must publish a Memorandum of Understanding on the Operational Responsibility of Chief Constables detailing where their actions shall be independent of the Police and Crime Commissioner.

(2) The Secretary of State may by regulations made by statutory instrument bring into force the Memorandum of Understanding published under subsection (1).

(3) Regulations under subsection (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of each House of Parliament.’.—(Vernon Coaker.)

Brought up, and read the First time.

[Vernon Coaker]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

Amendment 149, page 2, line 44, clause 2, at end insert—

‘such that the police and crime commissioner shall have no involvement in decisions with respect to individual investigations and arrests.’.

Amendment 155, page 4, line 15, clause 3, at end insert—

‘(8A) The Mayor’s Office for Policing and Crime must not ask, require or encourage the Commissioner of Police of the Metropolis to act in a manner which could—

(a) put the Commissioner in breach of his attestation under oath in accordance with Schedule 4 of the Police Act 1996; or

(b) conflict with the Commissioner’s exercise of direction and control under section 4(3).

(8B) If the Commissioner of Police of the Metropolis reasonably believes that the Mayor’s Office for Policing and Crime has asked, required or encouraged him to act in a manner that is prohibited under subsection (8A), he may notify the London Assembly police and crime panel.

(8C) For the avoidance of doubt, any purported direction by the Mayor’s Office for Policing and Crime under subsection (8A) has no legal effect.’.

[Vernon Coaker]

This group of provisions is smaller, but none the less important. It is difficult for us to discuss new clause 5 without a draft of the code of practice, memorandum of understanding or protocol, as we are now to call it. He will know that in Committee I consistently and persistently asked for a draft to be ready for our consideration. To be fair, he did not say that one would be ready for Report, and I am not suggesting that he did, but I expected that a draft of a draft of a draft would be available, and I think that most members of the Committee would have expected the same.

A huge change to policing is being made. The Minister and the Government have accepted what I said and what was in the Home Affairs Committee report, which was that such is the importance of the protocol detailing the responsibility of the police and crime commissioner vis-à-vis the chief constable—others, for example, the police and crime panel, could be included, as has been suggested—we should have it, yet we are discussing it without knowing even what shape it will be. We do not even know what things might be included in it. The Minister will say, “Don’t worry, it will be ready for the House of Lords.” Why should this House not have a draft available to it, so that it can consider what is in the protocol and make representations about it?

We have no way of knowing what will be in the protocol. Let us suppose it contains things that members of the Committee think should not be in it. I do not know what influence the hon. Member for Cambridge (Dr Huppert) will have, but what happens if he does not agree with what is in it? He will have no opportunity to say anything about it. The hon. Member for Amber Valley (Nigel Mills) served on the Committee with the hon. Member for Cambridge. What happens if he thinks that the protocol should not include one thing but should include another? Why should we not be able to look at it?

If the Minister was stood where I am and I was sat where he is, he would be saying exactly the same thing to me. He would be saying that it is impossible for us to legislate properly because we simply do not know what we are legislating about. It is not good enough to say, “Don’t worry, it will go to the House of Lords.” We have the most fundamental change in policing before us and we have no idea what the Government’s protocol is, although they have accepted that we should have it—that is not good enough. I do not believe that hon. Members on either side of the House would think, either in public or in private, that that is acceptable either. How does, “It will be ready for the Lords” help us to discuss this?

New clause 5 states that any such protocol must have some statutory force. The Association of Chief Police Officers believes it should be enshrined in primary legislation. The Minister said that would be very difficult, so we looked at whether an order-making power could be introduced to allow us to consider the protocol, as it would then be subject to the affirmative procedure in this House and the House of Lords.

Academies Bill [Lords]

Debate between Lord Coaker and Nigel Evans

Wednesday 21st July 2010 Commons Chamber

[Vernon Coaker]

In fairness, the hon. Gentleman makes a reasonable point on the need to concentrate not only on outstanding and failing schools. He is right to point that out. It would have been perfectly possible to develop Labour’s academies model to deal with schools in the middle—I will not call them coasting schools. Similarly, that is why our model contained provisions for all-through academies. It was sometimes a matter not of the secondary school alone, but of linking the primary and secondary schools. That is important.

The reason why the Opposition are opposed to the way in which the Bill is constructed is that it does not consider the need for academies or where they can bring added value to schools in an area, but says that they are the only solution. National challenge trusts, a change of head teacher or the injection of new staff to a school could make the difference rather than structural change, as I have seen in different parts of the country. One flaw at the heart of the Bill, to which we will doubtless return when the Government introduce their Bill in the autumn, is that they have made the mistake that people always make of believing that structural change brings improved performance in schools. Sometimes such change creates the opportunity for change to take place, but essentially, what ultimately makes the difference, whether in a local authority school, a national challenge trust or an academy, is the quality of leadership and teaching in the school, not structural change.

Good schools deserve help and support, and the hon. Gentleman was right to point out that we need better to understand how we get that injection of pace and inspiration into them. I do not think that that is necessarily brought about by structural change, particularly the structural change enabled by the Bill, which does not include a requirement on outstanding schools to link to or partner other schools. That is an aspiration and a desire—

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. We are straying somewhat from the amendments we are discussing on admissions and exclusions. There is a lot to be debated this evening in a short space of time, so could the shadow Minister please restrict himself to the amendments?

[Vernon Coaker]

I apologise to you, Mr Evans and to the Committee. I was trying to answer the hon. Gentleman fully, but perhaps my reply was too full.

The Local Government Association, along with many charities, says that a provision that academies must comply with the admissions code should be in the Bill, hence proposed amendment 23.

Amendment 14 would effectively prevent grammar schools from becoming academies. We are worried that grammar schools becoming academies will lead to an increase in selection in the academies arena. Will the Minister explain whether it would be possible for a grammar school with 1,000 places that had become an academy to expand to 1,500 or 2,000 places? Will he also explain what, if any, influence in terms of selection a grammar school that had become an academy would have if it were to link up with a weaker school? What effect would its selection policy have on that other school?

Will the Minister also explain what Lord Hill meant when he wrote that the Government intended to allow selective academies to expand where there was a strong case for doing so and where there had been local consultation? It is important that we understand what he meant by that.

On exclusions, amendment 27 seeks to ensure that the current legal framework would apply to the new academies, to the extent that they would have to conform to the existing codes that schools have to conform to at the moment. One piece of evidence from the equalities impact assessment shows that the overall rate of exclusions is higher in academies than in local authority-maintained secondary schools. How does the Minister expect to keep track of that and understand how it is all working? How can we ensure that pupils with special educational needs, and pupils who are less academic or who are difficult, are not excluded from a school simply to preserve the school’s examination standing?

In annex D, we can see that changes have been made to the model funding agreement. Paragraph 3 used to state:

“Subject to the exceptions in paragraph 4, the Academy Trust shall ensure that in carrying out their functions the Principal, the Governing Body and the Independent Appeal Panel (established in accordance with paragraph 5) have regard to the Secretary of State’s guidance on exclusions, as if the Academy were a maintained school.”

That has been changed to:

“Subject to the exceptions in paragraph 4, the Academy Trust shall ensure that in carrying out their functions the Principal and the Governing Body have regard to the Secretary of State’s guidance on exclusions including in relation to any appeals process as if the Academy were a maintained school.”

Can the Minister explain why the independent appeal panel has been removed from the model funding agreement? Or is that of no consequence?

Finance Bill

Debate between Lord Coaker and Nigel Evans

Tuesday 6th July 2010 Commons Chamber

[Vernon Coaker (Gedling) (Lab)]

On a point of order, Mr Deputy Speaker. Has the Secretary of State for Education indicated to you any desire to come to this Chamber to explain the situation that has arisen? Following the points of order that were made by me and two of my hon. Friends, a further list of schools affected by the Building Schools for the Future cuts was published this afternoon. That third list reflects 22 errors from the first list, which means that a significant number of communities up and down the country have been affected by the chaotic statement about schools made yesterday by the Secretary of State. Are we to expect a fourth list, given that there are still some concerns that even the latest list may not be totally accurate? If not this evening, then tomorrow, we should expect the Secretary of State to come and explain what on earth is going on in respect of the cuts that are being made to a programme that is welcomed in communities up and down the country.

[Mr Deputy Speaker]

I have not received any information as to whether the Secretary of State for Education wishes to make a statement this evening. I remember that in the hon. Gentleman’s first point of order for me he said that he had not received any list; he now appears to have three. I understand that the Speaker has already made a ruling on this matter. I am sure that if the Secretary of State does at some stage wish to make a statement, this House will be informed.

Budget Resolutions and Economic Situation

Debate between Lord Coaker and Nigel Evans

Thursday 24th June 2010 Commons Chamber

[Vernon Coaker (Gedling) (Lab)]

On a point of order, Mr Deputy Speaker. Last Thursday, I tabled a written question for named day answer on Monday of this week, to which the Department for Education’s response was that it would reply to me as soon as possible. I had asked it to name the schools that had applied for academy status, and I read in today’s edition of The Guardian that that list is to be published tomorrow, but I have as yet received no communication from any Minister. I wonder whether at this late stage you have received any request from a Minister to come to the House to explain what is going on in respect of naming the schools that applied for academy status.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Gentleman for notice of that point of order. I have received no such request, but I know that Ministers in successive Governments have worked late into the night and the list might be being typed out as I speak and then be delivered to him. I know that the relevant Minister will want to keep his word, and I am sure that the Government Whip on duty will make sure the message gets through.