Police Reform and Social Responsibility Bill

Debate between Lord Condon and Lord Shipley

Wednesday 13th July 2011 Lords Chamber

[Lord Condon]

My Lords, I support the amendment. We discussed this in Committee. I can think of virtually no circumstance where every member of the police and crime panel would be ineligible to stand as acting commissioner, if the circumstances warranted it. I can think of many sets of circumstances where it would be inappropriate for every single member of the elected commissioner’s staff not to be eligible to be the acting commissioner for the very circumstances set out by the noble Lord, Lord Hunt. If the elected police and crime commissioner has been suspended or has had to stand down temporarily because of allegations of corruption or other behavioural issues, it would not be in the public interest for a member of what is going to be, in the Minister’s own words, a very small number of support staff to stand as the acting commissioner if there were a serious allegation of corruption against the commissioner. The Minister has been reasonable and conciliatory on many of these issues. This is a blindingly obvious case where it would be far more appropriate for a suitable member of the police and crime panel to act in circumstances where the elected police commissioner is no longer eligible to be commissioner for a period.

[Lord Shipley]

My Lords, I add my voice to those who support this amendment because I see it as a critical part of the necessary checks and balances on the powers of the commissioner. I say that for two reasons. First, the acting commissioner could be in post for eight to nine months—that is, for up to six months as permitted in the Bill, together with the period during which a replacement is elected. Frankly, to have an unelected acting commissioner for that length of time is unacceptable as they will set the budget and the precept. Although there is a veto on the precept, nevertheless they will be responsible for making the proposal on the precept and they will make a decision about the budget. All those functions should be undertaken by people who have been elected as opposed to people who have not been elected.

Secondly, the commissioner will have appointed the staff member to their substantial post. The only power that the panel will have is over which staff member is nominated, although they have to bear in mind the advice given to them by the commissioner who is incapacitated. I regard this as an absolutely fundamental issue. The panel must be able to appoint from among its own members. Between now and the next stages of the Bill, I very much hope that my noble friend the Minister will make clear to colleagues in the other place that this matter is of fundamental concern to a large number of Members of your Lordships' House.