Police Reform and Social Responsibility Bill

Debate between Lord Condon and Lord Beecham

Wednesday 29th June 2011 Lords Chamber

[Lord Condon]

The noble Lord, Lord Hunt, has served us well by this amendment. The arguments remain finely balanced as to whether or not the protocol or memorandum of understanding should have a statutory footing. Having been privileged to be in some of the earlier discussions about whether there was indeed a need for a protocol at all, the journey has been a very interesting, and very supportive, iterative process. Certainly in the meetings that I have been privileged to attend, there has been an acceptance on the Government’s side that a document of this nature or something like it was necessary to reassure and to confidence-build around operational independence and the legacy of operational independence, which is so important to the model of British policing. We have now reached decision point: should it have statutory footing or not?

My own journey on this route was that I was hopeful that as much as possible that came out of these discussions should be in the Bill. Whether it should be in the Bill in penny packets, at the relevant point, or in one comprehensive document of a protocol or a memorandum of understanding is a finely balanced question. However, I accept that ACPO is concerned that if it has a statutory footing, a once and for ever attempt to define operational independence will be a formidable task. The arguments are very finely balanced and the noble Lord, Lord Hunt, does a service by raising this. If it is pushed to a Division, I am still uncertain which way I will vote and I look forward to further discussion. It is so important but it is very finely balanced, and the arguments on both sides are very strong.

[Lord Beecham]

My Lords, the noble Lord, Lord Howard, and the noble Lord who has just spoken both infer that the purpose of the amendment is to put a memorandum of understanding into the Bill. My interpretation of it is not that but that this amendment, if adopted, would require there to be a memorandum of understanding and commissioners would have to exercise their functions under it. However, the memorandum itself would be drawn up and issued separately and would be capable of being amended from time to time in the light of changing circumstances. The actual memorandum would not be in the Bill, merely the effect of one. It would obviously be helpful to discuss the first of such memoranda, but it would not actually be incorporated into the Bill when finally enacted.

Police Reform and Social Responsibility Bill

Debate between Lord Condon and Lord Beecham

Wednesday 18th May 2011 Lords Chamber

[Lord Beecham]

I will not intrude on family grief on the government Benches, but the decision taken last week was a decision of the House. It involved Members from all sides of the House, including a significant number of Cross-Benchers. I am sorry that the noble Lord, Lord Howard, has singled out one group, or part of a group of Members, for his animadversions. I am also a lawyer although a much humbler one than either of the noble Lords who have just spoken—I am a journeyman solicitor, not an eminent silk. However, with respect to the noble Lord, Lord Howard, he slightly misreads the nature of the amendment, which is not at all about controlling chief constables. The amendment deals with the function of the panel. In many ways, it is an amendment for all seasons because, as other noble Lords have said, it would fit with any structure—an elected commissioner; a commissioner appointed in the way described by the noble Baroness, Lady Henig; or any structure as long as it has a panel. I think it is commonly accepted that that will be part of the final structure that emerges from all this.

The amendment is a paving amendment. It is to strengthen the role of the panel. In Committee, we had the benefit of the protocol, which spoke of checks and balances. There is a widespread view in the House that those checks and balances were insufficient. The amendment is directed at strengthening the checks and balances and the role of the panel. That is something that I hope the Government will take seriously. It seems to me and to others who spoke last week that the Bill does not achieve what the protocol purports: that there are sufficient checks and balances on either the commissioner or, for that matter, arguably, the chief constable—but particularly the commissioner.

Let us regard this as a helpful and constructive amendment to reinforce the Government’s intentions, which I accept at face value, of having substantial checks and balances in the system. In that context, I hope that it will be widely accepted in the House.

[Lord Condon]

My Lords, I declare my normal interests. I agree with the aspirations of the amendment tabled by the noble Baroness, Lady Henig. I do so with some hesitation because I am not against the principle of elected police and crime commissioners. Last week I found myself in the position of saying yes or no, but I voted against the idea because I was concerned that, as drafted, the position of elected police and crime commissioners was a mission impossible. Today the amendment gives us a vision of how a more collaborative structure might reinforce, support and enable an elected police and crime commissioner, should that be the end result of the iterative process. It would give an idea of how that person might operate in a more collaborative environment.

My concern has always been not whether we should have elected police and crime commissioners but that he or she, when elected, should have a real chance of doing the job well and of tapping into the best of local democracy and working with it, rather than against it. The amendment gives us some aspirations and some background vision regarding how, when we think again today and subsequently about how an elected police and crime commissioner might operate, this might be helpful in that process.

I was concerned last week when we voted on the issue. I accept that the noble Baroness was very new to her post, but she gave no comfort whatever about how an elected police and crime commissioner might be drawn into a more collaborative endeavour locally, rather than being totally isolated. It seemed almost as if the notion of an elected police and crime commissioner working in a committee, commission or panel structure could somehow emasculate them, dilute their role or disable them in a way that committees, boards or panels do not emasculate people in other aspects of our society. Many successful companies work with an effective board structure; indeed, many effective organisations work with boards, commissions or panels. I hope that the amendment will at the very least tease out from the Minister some support on the need, in rethinking how elected police and crime commissioners might operate, to move towards a more collaborative endeavour which involves a board, panel or commission, rather than the very isolated and adversarial role which the Government currently propose for the elected police and crime commissioner.