Police Reform and Social Responsibility Bill

Debate between Lord Condon and Lord Howard of Lympne

Wednesday 29th June 2011 Lords Chamber

[Lord Howard of Lympne]

Convenient though that rewriting of history is for the noble Lord’s arguments, it is very far from the case. He need look no further than the recently published memoirs of my noble friend Lord Ferrers to see that your Lordships remained obdurate, even when I was prepared to amend my original proposals. If my recollection is correct, it was only after a protracted game of ping-pong that I was eventually able to get my proposals on to the statute book in the face of persistent and continued opposition from your Lordships' House. But that is ancient history. I wanted to put the record straight.

The fact is that when those proposals found their way on to the statute book I was very hopeful that they would provide the basis for strong police authorities who would carry out the functions, which I am sure we would all want them to carry out, and who would be recognised in the areas that they served as the voice of the public in relation to policing. Alas, despite the splendid efforts of many of those who have served with distinction on police authorities during the nearly two decades that have passed since those proposals became law, my expectations have been disappointed. The proposals that have been put in place have not led to the kind of police authorities that I hoped they would. It is because of that that I am an enthusiastic supporter of these proposals. Indeed, I do not want to embarrass my noble friend on the Front Bench, but I think that in some ways I can claim to be their author, although it will not do me much good in the eyes of your Lordships, and I remain an enthusiastic supporter of them.

As to this particular amendment and the proposal put forward by the noble Lord, Lord Hunt, there is no difference between the term “direction and control” used in the protocol and the term used in existing legislation. That is the answer to the point made a few moments ago by the noble Lord, Lord Elystan-Morgan. The question asked by the noble Lord, Lord Hunt, is whether the protocol should become statutory. We know that ACPO has said—I think absolutely rightly—that it would be wrong to seek to define operational independence in the statute. If you gave the protocol statutory force, you would in effect arrive at a statutory definition of operational control. That would be a mistake for the reasons given by ACPO. It is for that reason that I oppose the amendment proposed by the noble Lord.

[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.