Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Lord Beecham

Monday 11th July 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, I am slightly puzzled by the Government’s stance on the question of political balance as far as these panels are concerned. When I was first elected to a local council in the 1970s, it was the customary practice that authorities with a majority for one party or another made sure that they packed the committees. That was the norm whether the authority was Conservative controlled or Labour controlled and, for all I know, it was the same in Liberal-controlled authorities. The Conservative Administration under Margaret Thatcher took the view—on this instance, they were right—that it was better that committees of local authorities, and subsidiary and external bodies to which local authorities appointed, should reflect the appropriate political balance, to reflect the wishes of the electorate.

In constructing these panels, the Government seem to be setting that aside. Why, in the Bill, are they repudiating the legacy of the noble Baroness, Lady Thatcher? Why are they so opposed to having proper political balance to reflect the different strengths of the political parties in particular areas as far as policing and crime panels are concerned? This is precisely an area in which the Government should want to ensure that there is political balance rather than perhaps leading to one-party domination of the way the panels operate.

[Lord Beecham]

My Lords, I follow my noble friend on that particular point about political balance. As currently constituted, police authorities are constituted in a way that reflects the political balance in the area that is affected, whether they are metropolitan areas or single-area county police authorities. I do not understand how the Government propose that political balance should be achieved, if at all, on the basis of the Bill.

I moved an amendment in Committee about using the LGA model, which is well accepted across political groups—including the independent group—in the Local Government Association for achieving a balance within the LGA’s internal bodies and its appointments to external bodies that reflects the strength of the different political groups across the whole country. It should be perfectly possible to import that principle into appointments to these panels, at the level of the new structures which are to be created. If it is not done in that way, how is the objective to be achieved—assuming that the Government share that objective? If the Minister is not in a position to explain that at the moment, perhaps it is something that can be further discussed before Third Reading. I am sure that her noble friend Lady Eaton, who is not in her place, will be happy to enlighten her about the consensual approach that we have achieved in the Local Government Association since it was formed around this particular issue.

I welcome the slight movement that the Government have made on potentially increasing the size of the panels, although I noticed that the Secretary of State will be required to approve the numbers. That seems yet another unnecessary intervention. It should perhaps be subject to a minimum requirement but it should be left to the panel to determine. I am glad that it looks, on the face of it, as though we will be doing a little better than the homeopathic dosage of independent or co-opted members that the Bill in its present form provides for. Again, some assurance about how this might work would be very welcome, because the issue of balance is not confined, as other noble Lords have made clear today and on previous occasions, to issues of politics; there is also the geographical issue.

My noble friend Lord Hunt from the great city of Birmingham would not, I think, be content if Birmingham, with its 1 million population, was to have but one member on the West Midlands Police Authority, which might very well be all it would be entitled to, given the number of authorities that would be involved in that organisation. Birmingham would have a population three or four times the size of some of the other metropolitan districts and there are also county areas involved, as well as all the districts in those county areas to be represented. For Birmingham to be represented by one individual, particularly if it ends up with the misfortune of an elected mayor who would be required to serve in that capacity, would be extremely unsatisfactory.

Of course, when it comes to party-political balance, it is quite conceivable that, as already happens in a number of places, the elected mayor does not reflect the politics of the council involved. So, again, you could have an anomalous position, particularly in a large authority, of an elected mayor of a different party, or no party at all, being the sole political voice in that authority, whereas control of the authority may be in different hands, or, certainly, the balance may very well be different.

In addition to those issues of party-political and geographical balance, issues of ethnicity and gender need to be reflected and are difficult to derive, and the provision for co-opted members ought to be a way of proceeding with that. While it may not be possible in the Bill to prescribe how that should be done, it would be very welcome to hear the Minister say for the record that it would be expected that efforts would be made to reflect those considerations about diversity of ethnicity and gender in particular—there may be others—which are sensitive and important. We have a range of issues, of course, affecting minority communities in some parts of the country and, in general, issues such as domestic violence are clearly ones in which a gender balance is required.

It would be very helpful to have a clear steer on that from the Minister on the record, if not in the Bill, so I hope that she will be amenable to answering some of the points that noble Lords have raised and are about to raise—I see the noble Lord, Lord Shipley, straining at the leash to join the debate.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Lord Beecham

Monday 6th June 2011 Lords Chamber

[Lord Beecham]

I shall briefly endorse what my noble friend Lady Henig said and refer to three short amendments in the group: Amendments 86A, 86B and 86C in Clauses 12 and 13, which would reinforce the principle of accountability which my noble friend addressed, in this case to involve the chief constable in that accountability. All of us in your Lordships' House are persuaded that there needs to be enhanced accountability affecting policing. The amendments are intended to contribute to that by providing, in respect of annual reports, that in addition to, in the phrase of the Bill, the “elected local policing body”, attending before the crime and disorder panel at a public meeting arranged by the panel, the chief constable should appear before the panel to answer questions on the report and, similarly, to,

“give the panel a response to any report or recommendations on the annual report”.

I cannot see any intrinsic difficulty in that. Many chief constables already attend council meetings within their force area. They address them and answer questions. The amendment simply reflects good practice in a number of areas.

The third amendment relates to the provision of information for police and crime panels. Again, under the Bill, that duty rests solely on the elected local policing body. I think it necessary for the same duty to be laid on the chief constable. I hope that the Minister will take these points away and give them sympathetic consideration. I commend the amendments in my name.

[Lord Harris of Haringey]

My Lords, I shall speak briefly to the amendments. Although I have not taken up the Committee's time by tabling parallel amendments in respect of the arrangements for Greater London, they could be proposed for consideration.

I want to pick up three issues. First, I echo the remarks of my noble friend Lord Beecham about the importance of chief constables being required or encouraged to attend key meetings. That ties in with Amendment 83C, to which my noble friend Lady Henig referred. It is about the visible answerability of the police in public: the police being seen to be accountable. The Government's original arrangements did not create a mechanism whereby the police would be seen to be accountable. The amendments would write that into the Bill, either under the model of a police and crime commission or whatever other model one chose. That is extremely important. I have discussed this matter with a number of senior police officers and they, too, are conscious that when they take difficult decisions it is important that they are seen to answer for them in a public forum, that they are seen to justify why they have done what they have done, and that they are seen to answer questions from those who are informed and empowered to ask questions about that specific point. That is why the visible answerability of chief officers of police needs to be found a place in whatever arrangement finally emerges from this Committee’s and Parliament’s consideration of the Bill. I hope that, in replying, the Minister will be able to indicate the Government’s thinking on this and tell us where it is envisaged that the visible answerability will take place.

Finally, I want to pick up on Amendment 83ZZA, which relates to membership of crime and disorder reduction partnerships. The current legal framework has built on the concept that local crime and disorder reduction partnerships should, first, be centred around the local police commander and the local chief executive of the local authority working together to solve problems to reduce crime. Various key stakeholding parties have been added over time, one of which is currently the police authority. Whatever emerges from consideration of the Bill regarding how the police service is governed and held accountable, we will have the rather strange situation that the body which holds the police service to account and which, so far as concerns the public, is responsible for most of the key decisions on the direction and strategy of the police force will not have a seat as of right on local crime and disorder reduction partnerships. There is then the complication of who exercises that right, although it is important to have that input at that level in crime and disorder reduction partnerships. Again, I should be grateful if the Minister could indicate how he envisages that this will happen in the future.

I have already said that by and large these amendments do not relate to Greater London, although similar points apply. There is a need for the visible answerability of the Commissioner of Police of the Metropolis to be seen to take place in some forum, whether it is the London Assembly panel which is created for that purpose or anything else. There will also be a need for input into local crime and disorder reduction partnerships from the Mayor’s Office for Policing and Crime, because in many London boroughs those partnerships are the engine for delivering crime reduction.