Health and Social Care Bill

Debate between Lord Hamilton of Epsom and Lord Harris of Haringey

Thursday 19th January 2012 Lords Chamber

[Lord Harris of Haringey]

My Lords—

[Lord Hamilton of Epsom]

My Lords—

Police Reform and Social Responsibility Bill

Debate between Lord Hamilton of Epsom and Lord Harris of Haringey

Wednesday 11th May 2011 Lords Chamber

[Lord Hamilton of Epsom]

My Lords, I also congratulate my noble friend Lady Browning on being appointed as a Minister. It is a first-class appointment. Having known her well, like many others, in another place, I know that she will be a doughty fighter and very fair with all of us. We are very lucky to have her.

I very much support the Bill because I do not really take the view that has been expressed in this House this afternoon that, in the words of my noble friend Lady Harris, the British police force is the envy of the world. There may have been a time when the British police were the envy of the world but I am not at all sure that that is still true today. One problem that the police have is that they have succeeded in roughing up the middle classes, who traditionally have always supported them, and there is also a perception that they are doing less and less for the poorest in our society, who of course really are the victims of crime. My noble friend Lady Harris said that these were the people who did not vote, but then of course they probably do not vote for the few councillors on the police authority either, so I am not sure that the concept of accountability works here. I think that a larger number of people would probably vote for elected police commissioners than for councillors, and therefore there could only be an improvement on that front.

I am afraid that this is an issue on which I do not agree with my noble friend Lord Cormack. He and I see life in very much the same way on issues of the constitution but on this matter I think that we have to differ. He seemed to be very concerned that the police commissioners would be party-political animals, but I am sure that people must have deployed the same argument in relation to mayors, as did my noble friend Lord Hurd, who is not with us. Clearly, they are party political creatures: but does that mean that they are not able to serve their community? I do not think that there is any evidence for that. If one does not believe in elected police commissioners, presumably one is in favour of getting rid of elected mayors, because I do not see that there is any great difference between the two. I see that my noble friend Lord Cormack wants to get rid of elected mayors as well. I take the view that the ratchet is operating here and that on the whole London has been better represented by elected mayors than it has been without them. Certainly an elected police commissioner will be known and, as has been established very satisfactorily in the debate so far, nobody has the first idea who runs the police authority or who is a member.

We have a serious disconnect between the police and the people whom they are supposed to serve. Introducing elected commissioners would do something to start reconnecting the British people with their police. This is very important and we cannot do anything but benefit from it. I very much support the Bill and oppose the amendment.

[Lord Harris of Haringey]

My Lords, I first declare an interest as a member and former chair of the Metropolitan Police Authority, and also as a vice-president of the Association of Police Authorities. The noble Baroness, Lady Harris, has given good service to the House today by moving her amendment, if for no other reason than that it will enable us to have a free-ranging debate in Committee. I hope that it will be a useful introduction to the Minister in her new role; it will enable us to rehearse the arguments for her benefit as well.

The noble Lord, Lord Cormack, is worried that we might pass the amendment, which would be discourteous. However, it would provide an opportunity for—in the current jargon of the coalition—a pause. Apparently pauses are a good thing because they allow the coalition partners to consider whether they are departing on precisely the right track. This would be useful in the context of the Bill. The central objective that the Government have put before us of improving the democratic accountability of the police service is right. I hope that no one in the House would disagree with the principle. The question is whether the mechanism that has been put forward will achieve that objective, or whether it will have unintended consequences. The work of this Committee over the next few weeks or months may be to look in some detail at how this will work in practice, and whether there could be unintended consequences.

Like the noble Lord, Lord Hamilton, I have no problem with the principle of direct election. I work on the basis that elections are a rather good way of determining who should have ultimate responsibility for things. However, what distinguishes this proposal is that we are talking about the direct election of an individual who will be given tremendous responsibilities, but without a suitable governance structure to prevent a situation in which the individual might make capricious judgments or seek to trespass on the operational independence that chief constables hold so dear. The Bill would give an individual tremendous authority, but without the governance structures, checks and balances that would be necessary given the importance of the role.

When I chaired the police authority in London, I would have welcomed the additional authority that would have been given to me had I been directly elected to fulfil the role. I was a directly elected member of the London Assembly, but that was slightly different from being directly elected to be in charge of the police service for London. I would have welcomed that additional authority. No doubt it would have been helpful to my relationship with the commissioner of police for the metropolis, the noble Lord, Lord Stevens, who has just left us. It would have been particularly important for my relationship with other elected colleagues such as other members of the London Assembly, local council leaders and so forth. I would have been able to say, “This gives me the authority on behalf of the people of London to say what is necessary”, but I would have been operating in the context of checks and balances on what I could and could not do. I would have had other authority members and the scrutiny processes that were in place with the London Assembly. Therefore, it would not have been untrammelled power. I would have had that responsibility and extra authority, but there would have been these mechanisms around.

What is so striking about this Bill is that those mechanisms are virtually absent. We will be told that the policing and crime panels offer that substitute governance structure, but they are essentially scrutiny bodies after the event. They are not part of the decision-taking structure and are not there, except in extremis, to say that a decision has been taken inappropriately. The spirit of partnership with other colleagues is so crucial in this area.