Police

Debate between Lord Herbert of South Downs and Mark Tami
Wednesday 8th February 2012

(12 years, 9 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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There is an equal share in the reduction in central Government funding, and the decision that confronted the Government, which we have discussed in the House before, was whether to adjust that reduction for the contribution that is made by the local taxpayer. I understand why the hon. Gentleman wants to make this point as a west midlands Member of Parliament, but had we followed his advice and given a smaller reduction to his force because it raises less money from the local taxpayer, we would have penalised the forces that raise more from the local taxpayer. Why should forces that have over the years increased the amount of local funding they receive be penalised more and why should their taxpayers be penalised more? Furthermore, police forces were expecting an even share of the reduction. For all those reasons, we thought that the proper and fairest course was to give an even reduction across the forces. The hon. Gentleman might not like that explanation, but it is a credible and proper response to the situation in which we found ourselves.

I appreciate that there are differences of opinion about the use of damping and I understand why some forces wish to see it phased out while others welcome its retention. I know that many police forces and authorities are keen to have more clarity about the damping arrangements for the last two years of this spending review period, and I want to reassure the House that I intend to consider this issue very carefully and will take into account the wide range of views before making a final decision later this year.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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The Minister has repeatedly said that the front line does not have to be affected, but does he accept that the evidence is clear that it is being affected and that front-line officers are going each day?

Lord Herbert of South Downs Portrait Nick Herbert
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The hon. Gentleman is making the mistake that I think is the mistake of the Labour party of equating the quality of the front-line service purely with numbers. I shall address precisely this issue later, and if he feels that I have not done that I will be happy for him to intervene on me again.

On capital funding, I have carefully considered the consultation responses and have decided to top-slice the Home Office police capital allocation to support the establishment of the National Police Air Service. That service will give all forces access to helicopter support 24 hours a day, 365 days year, in contrast with the current system in which some force’s helicopters are grounded for days at a time while being repaired. It will mean that 97% of the population of England and Wales will remain within 20 minutes’ flying time, and it will save the police service £15 million a year when fully operational.

The plan for the National Police Air Service has been led by Chief Constable Alex Marshall and has the full support of the Association of Chief Police Officers, the police service’s operational leaders and the vast majority of police authorities. The funding proposal I have set out is the right way to ensure that this key national service is established on a sound basis. Each force will face an equal percentage reduction in the previously indicated level of capital grant; this is the most transparent and equitable means of providing for the capital requirements of what will be a national service. All forces will benefit from the savings.

Policing (North Wales)

Debate between Lord Herbert of South Downs and Mark Tami
Tuesday 31st January 2012

(12 years, 9 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Albert Owen Portrait Albert Owen
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Will the Minister give way?

Mark Tami Portrait Mark Tami
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Will the Minister give way?

Lord Herbert of South Downs Portrait Nick Herbert
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Hang on a minute. The spending reduction that this force confronts ranges in the field of a real-terms reduction of 10% to 15%, or a cash reduction of 1.2% to 7%.

Lord Herbert of South Downs Portrait Nick Herbert
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I will give way to the hon. Gentleman of course.

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Mark Tami Portrait Mark Tami
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The Minister keeps bringing down the size of the cut that there actually is. I do not believe that he is right, but if he is, why does he think that North Wales police and, indeed, all police forces are cutting and feel that they have to cut front-line policing?

Lord Herbert of South Downs Portrait Nick Herbert
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I will come to the issue of—[Interruption.] I will come directly to that issue. We have always said that the reductions in spending will mean that there will be a smaller work force. No one has ever disputed that. The issue is how those reductions are managed and what the impact then is on policing. I completely reject, and have consistently rejected, the binary link that hon. Members make that suggests that any reduction in public spending will mean a reduction in the quality of the service or that any reduction in headcount will mean a reduction in the quality of the service. That is the fundamental difference between Government Members and Opposition Members. We do not make that binary link. We are interested in the quality of the service and how well resources are deployed. Until Opposition Members understand that point and start talking about value for money and wise spending rather than big spending, they will continue to be in the position that they are in.

Police Reform and Social Responsibility Bill

Debate between Lord Herbert of South Downs and Mark Tami
Monday 12th September 2011

(13 years, 2 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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I do not accept that there is a muddle. The right hon. Gentleman will know that it was the previous Government who set up the current governance arrangements in London. The Metropolitan police have national policing responsibilities and therefore answer in part to the Home Secretary, which makes them unique. However, the reforms in London to give greater local accountability have been popular with the public, and it is that principle that we seek to extend. Indeed, the principle of having one accountable individual directly responsible for the totality of force activity is crucial to the Government’s vision. Policing governance by committee has led to an unelected body having power over the precept, with no one being properly held to account for decisions or poor performance and no one truly being in charge.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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The Minister states that this whole idea is popular. What does he base that on, because all the information I have seen indicates that the public do not want this?

Lord Herbert of South Downs Portrait Nick Herbert
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If the hon. Gentleman had been paying attention, he would know that I was talking about the popularity of the reform that his Government introduced —the introduction of the Mayor of London. Evidence from opinion polls shows that a large majority of the public welcome the idea of enhanced local accountability for policing.

The public have not had a voice. As the shadow policing Minister, the hon. Member for Gedling (Vernon Coaker), has pointed out:

“Under the current system, 93 per cent of the country has no direct, elected representation.”

Indeed, only 7% of wards in England and Wales are represented on a police authority, so it is no surprise that only 7% of the public understand that they can approach their police authority if they are dissatisfied with policing. Most people have no clue who their police authority chair is. How can a body be an effective link between the police and the people if it is invisible to the people? I agree with the former policing Minister, who said that people must “know who to go to” and be

“able to influence their policing through the ballot box.”

That was the hon. Member for Gedling.

Some say that this visibility does not matter and, provided that a wise committee takes the right decisions, there is no need to refer to the people. That is the argument that favours rule by quangos over democratic decision making. The defenders of the current system of governance say that it works well, but I am afraid that I disagree. Only four of the 22 inspected police authorities were assessed by Her Majesty’s inspectorate of constabulary and the Audit Commission as performing well in their most critical functions. I understand why police authorities oppose their own abolition, but there are few who believe that the authorities can remain in their current form. Even the Opposition do not share that view.

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Lord Herbert of South Downs Portrait Nick Herbert
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I will come to that immediately. There will be a one-off additional cost for holding the elections in November next year, rather than in May, and the cost will indeed increase: it will increase from 0.1% of police spend to 0.15%, and then it will go back down to 0.1% again. So, this is apparently the full weight of the Opposition’s argument: a delay in holding an election will temporarily cost 0.05% of police spend. That is a risible case.

Mark Tami Portrait Mark Tami
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But why is there a delay? The whole House knows why: it is because the Liberal Democrats do not want the elections on that day—despite the fact that the Liberal Democrat leader has previously said that the electorate are perfectly capable of understanding different elections on the same day.

Lord Herbert of South Downs Portrait Nick Herbert
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Hon. Members have spent their whole time trying either to stop the reform or to delay it, and now, when an introduction is delayed for a few months, they apparently do not want that, either.

The central point is that, in any case, the cost of elections is not going to come from police budgets. It is just nonsense to claim that the money for elections could instead be spent on police officers. That is a poor argument. It ill behoves an elected politician to complain about the cost of democracy. It was Labour that made the police more accountable to a new Mayor of London. The referendum itself cost £3 million to conduct, and the elections still cost £18 million every four years. Did Labour then say that this money could be better spent on police officers? No, of course not. If greater democratic accountability is a price worth paying in London for a quarter of all policing, why not in the rest of the country?

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Lord Herbert of South Downs Portrait Nick Herbert
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I am sorry to disappoint the right hon. Gentleman, but I am not going to make an announcement before it is confirmed to me that the name has been formally announced.

To prevent too much power from being vested in a single individual, we are putting in place strict checks and balances. This is an important part of the argument. The checks and balances include local police and crime panels with representatives from each local authority and independent members, which will have the power to scrutinise the commissioner’s actions. District councils will have a stake in police governance for the first time. They do not currently have that position in police authorities. The panels will have teeth. They will have the power of veto over excessive precepts and the appointment of chief constables, and they will have the weapon of transparency.

We have listened to concerns and have strengthened the safeguards in the other place. I will go into the detail of those changes when we discuss them later. However, I want to highlight three important areas where we have listened, not least to the professional advice of senior police officers, and acted. First, in response to the point made by the Chairman of the Home Affairs Committee on the operational independence of the police, it is fundamental to the British system that the police remain operationally independent. No politician can tell a constable—a sworn officer of the Crown—who to arrest. Forces will continue to be under the legal direction and control of their chief constable. There is no change in those legal arrangements.

Since the Bill left this House, the Government have published a draft protocol that clearly sets out the roles of the chief constable and the police and crime commissioner, and how they and the other actors, including the police and crime panel, will interact. We did that partly in response to the recommendation of the Home Affairs Committee. Senior chief constables, including senior leaders of the Metropolitan police, welcomed the publication of the draft protocol. They have said that it provides clear direction on the future roles of chief constables, police and crime commissioners and the Home Secretary, and that it ensures the balance between operational independence and appropriate public accountability. I agree with chief constables that we must include in the protocol the fact that the police and crime commissioner must set the strategic direction and objectives of the force and decide the budget of the force, while being clear that chief constables remain operationally independent.

We also amended the Bill in the other place to make it a statutory requirement for the Home Secretary to issue the protocol. This work is not over. We will continue to work closely with the Association of Chief Police Officers and others to ensure that the protocol covers all the necessary issues in the necessary depth. It is vital that we get this right. We have made tangible progress in ensuring that the operational independence of police officers will be protected under this Bill.

Lord Herbert of South Downs Portrait Nick Herbert
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I give way one last time to the hon. Gentleman.

Mark Tami Portrait Mark Tami
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Does the Minister not accept that somebody standing in an election may well have a programme that will impact on operational independence? Does he not recognise that there could be such a clash?

Lord Herbert of South Downs Portrait Nick Herbert
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The protocol is intended to govern the relationship and it will be issued by the Home Secretary. The legal control and direction of the force will remain, as I said, with the chief constable. The protocol describes the appropriate legal arrangements. I have no doubt that, as we have seen in London, those who stand for election will understand that.

Secondly, we will ensure that policing in this country is able to deal with national threats. It has been suggested that police and crime commissioners will be focused on local issues to the exclusion of those that require a strategic response, making them too parochial. I disagree. PCCs will be responsible and accountable to the public for the totality of policing. However, the fight against terrorism and against serious and organised crime is an area in which the central Government have a legitimate role.

The new national crime agency, working with police forces, will transform the fight against organised crime. The Home Secretary will issue a strategic policing requirement, which will guide forces on their responsibilities for serious and cross-boundary policing challenges such as terrorism, organised crime, public order and responding to major incidents and emergencies. Police and crime commissioners and chief constables will be under strong duties to have regard to that requirement. This is not about addressing a problem created by the introduction of police and crime commissioners. The strategic policing requirement, alongside the national crime agency, is a critical refocusing of the Government’s role to address an existing set of policing challenges for which the response to date has been lacking. We continue to work closely with the police service to ensure that that happens. The passing of the Bill will by no means be the end of the conversation, but let me be clear: ensuring that police forces can continue to deliver on national and strategic issues, and meet national threats, remains a priority for me and for this Government.

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Lord Herbert of South Downs Portrait Nick Herbert
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The hon. Gentleman really must do better than that; he has been a policing Minister, as I now am. As far as I am aware, those consultants were commissioned by the Association of Police Authorities. They made a number of assumptions, including about the additional use of Home Office official time, and those assumptions are wrong. The figures that I gave the hon. Gentleman are the official figures produced by the Government, and it is our formal view—I am basing this on the advice that I am given by officials—that the estimate of the transition costs made by the Association of Police Authorities is wrong; I want to say that again.

The hon. Gentleman raised the issue of November elections. I am advised that, in the dim and distant past, elections have been held in this country in November and, in the more recent though still fairly distant past, in October. It is of course the case that the presidential elections in the United States are routinely held in November. The next such elections will be held in November next year. Indeed, it was thought possible at one time that the former leader of the Labour party and former Prime Minister was going to call an election in 2007. Presumably, that would have been held in late October or early November, but the right hon. Gentleman chickened out, as we all remember. So November elections are not such an unusual proposition.

I would like to pick up on something that the hon. Member for Alyn and Deeside (Mark Tami) said when he challenged my use of the term “middle office”. He said that I had just invented it, but in so doing, he betrayed his lack of knowledge on these issues, and the fact that he has not read Her Majesty’s inspectorate of constabulary’s report, in which the inspectorate helpfully offers a definition of the front line. Indeed, “middle office” is a standard term in policing; it is one that the inspectorate uses. It denotes functions that are not directly public facing but nevertheless involve fighting crime.

I want to return to an important point that I made during questions earlier. A very considerable amount of police resource, and a third of all human resources, are not on the front line. That is what the inspectorate’s report said, and it is clear that the hon. Gentleman has not read it; otherwise, he would not have been so astonished at the term “middle office”. Hon. Members should read that report. If they did so, they would see the inspectorate’s assessment of the number of officers in the back and middle office—the figure is well over 20,000—and of the way in which chief constables should consider whether those officers are in appropriate roles. As the Opposition are making a great deal of the fact that 16,000 police officers must be lost, it behoves them to look more carefully at where police officers are actually employed. There is no need for the front line to be damaged, provided that the right decisions are taken and that policing is made more efficient and transformed in the right way.

The hon. Member for Birmingham, Erdington (Jack Dromey) paid tribute to the role of our police officers in dealing with the riots, and it was remiss of me not to have done so earlier, because that was the first opportunity that I have had to do so in the House. I certainly join him in paying tribute to everything that those officers did to protect the public and property, and to everything that they went through. I remind the House that a considerable number of officers were injured during that period. In my view, it is right that the justice system operated swiftly in order to deal with the perpetrators.

In the three minutes remaining to me, I should like to comment on the speech made by the right hon. Member for Torfaen (Paul Murphy) on the relationship between Cardiff and London and the significance of the reforms in Wales. I have been engaged in discussions with the Welsh Assembly Government, and specifically with Carl Thomas—

Mark Tami Portrait Mark Tami
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Carl Sargeant.

Lord Herbert of South Downs Portrait Nick Herbert
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I am sorry; I meant Carl Sargeant. I am grateful to the hon. Gentleman.

In those discussions, I tried hard to reach an agreement with Carl Sargeant that would respect the devolution settlement in Wales. I recognise that he did not support the reform, but I pointed out that policing was a reserved matter. We wished to go ahead with it, but we also wished to ensure that the arrangements, particularly those relating to local government—a devolved matter, as the right hon. Gentleman pointed out—reflected the wishes of the Welsh Assembly Government. We came up with the legislative consent motion.

I must put it on record, however, that, quite extraordinarily, Welsh Assembly Ministers then proceeded not to support their own motion, in spite of the fact that I had negotiated it with them in good faith. I said at the time that I thought that was a pity because, in doing so, they denied the special arrangements for Wales that this Government had tried hard to promote. It is important to understand that we tried very hard and will continue to try to respect the devolution settlement in Wales on this matter and, through constructive dialogue, to make the reform work in Wales.

Finally, I agree with my hon. Friend the Member for Cannock Chase (Mr Burley), who cited Sir Robert Peel, who said:

“The police are the public and the public are the police.”

The reforms are about devolving power, giving it to the people, protecting the operational independence of the police while ensuring that the public have a right and proper say in how policing is delivered in their communities.

Question put, That this House disagrees with Lords amendment 1.

Business of the House (Police (Detention and Bail) Bill)

Debate between Lord Herbert of South Downs and Mark Tami
Thursday 7th July 2011

(13 years, 4 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait The Minister for Policing and Criminal Justice (Nick Herbert)
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I beg to move,

That the following provisions shall apply to the proceedings on the Police (Detention and Bail) Bill:

Timetable

l.-(l) Proceedings on Second Reading, in Committee, on Consideration and on Third Reading shall be completed at today's sitting in accordance with the following provisions of this paragraph.

(2) Proceedings on Second Reading shall (so far as not previously concluded) be brought to a conclusion at 3.00 pm.

(3) Proceedings in Committee shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm.

(4) Proceedings on Consideration and on Third Reading shall (so far as not previously concluded) be brought to a conclusion at 6.00 pm.

Timing of proceedings and Questions to be put

2. When the Bill has been read a second time—

(a) it shall (notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme order)) stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

3.-(l) On the conclusion of proceedings in Committee, the Chairman shall report the Bill to the House without putting any Question.

(2) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

4. For the purpose of bringing any proceedings to a conclusion in accordance with

paragraph 1, the Speaker or Chairman shall forthwith put the following Questions (but

no others)—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

5. On a Motion so made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

6. If two or more Questions would fall to be put under paragraph 4(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chairman or Speaker shall instead put a single Question in relation to those amendments or Motions.

7. If two or more Questions would fall to be put under paragraph 4(d) in relation to successive provisions of the Bill, the Chairman shall instead put a single Question in relation to those provisions.

Consideration of Lords Amendments

8.-(l) Any Lords Amendments to the Bill shall be considered forthwith without any Question being put.

(2) Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

9.-(l) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 8.

(2) The Speaker shall first put forthwith any Question already proposed from the Chair and not yet decided.

(3) If that Question is for the amendment of a Lords Amendment the Speaker shall then put forthwith—

(a) a single Question on any further Amendments to the Lords Amendment moved by a Minister of the Crown, and

(b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(4) The Speaker shall then put forthwith—

(a) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

(b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees to the Lords Amendment or (as the case may be) to the Lords Amendment as amended.

(5) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees to a Lords Amendment.

(6) The Speaker shall then put forthwith the Question that this House agrees to all the remaining Lords Amendments.

(7) As soon as the House has—

(a) agreed or disagreed to a Lords Amendment; or

(b) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

the Speaker shall put forthwith a single Question on any Amendments moved by a Minister of the Crown and relevant to the Lords Amendment.

Subsequent stages

10.-(l) Any further Message from the Lords on the Bill shall be considered forthwith without any Question being put.

(2) Proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

1.-(l) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 10.

(2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

(3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

(5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

12.-(1) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.

(2) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(3) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (3), the Chair shall—

(a) first put forthwith any Question which has been proposed from the Chair but not yet decided, and

(b) then put forthwith successively Questions on motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(5) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

13. Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply so far as necessary for the purposes of this Order.

14.-(1) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

(2) Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to those proceedings.

15. Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

16.-(1) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to re-commit the Bill.

(2) The Question on any such Motion shall be put forthwith.

17.-(1) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(2) The Question on any such Motion shall be put forthwith.

18. The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates)—

(a) at today's sitting, or

(b) at any sitting at which Lords Amendments to the Bill are, or any further Message from the Lords is, to be considered, before the conclusion of any proceedings to which this Order applies.

19.-(1) Sub-paragraph (2) applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.

(2) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

20. Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

21.-(1) Any private business which has been set down for consideration at seven o'clock, four o'clock or three o'clock (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day, shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

(2) Paragraph (1) of Standing Order No. 15 (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between seven o'clock, four o'clock or three o'clock (as the case may be) and the conclusion of those proceedings.

22. The Speaker shall not adjourn the House at the sitting on the day on which the Bill is sent back to the House from the Lords until—

(a) any Message from the Lords on the Bill has been received, and

(b) he has reported the Royal Assent to any Act agreed upon by both Houses.

The motion provides for some five hours of debate on the Police (Detention and Bail) Bill. If the House approves the motion, we will move directly on to Second Reading, which will take us to no later than 3 o’clock. The Committee of the whole House will then follow until no later than 5 o’clock, with a final hour for the remaining stages, to be completed by 6 o’clock. The motion also provides for programming of the later stages of the Bill in this House on consideration of Lords amendments, should there be any. I fully recognise that today’s timetable is a tight one. None the less, given the very specific issue that the House is being asked to consider, I am satisfied that the House, and in due course the other place, will have sufficient time to scrutinise this short Bill properly.

As I indicated in my oral statement in the House last week, it is imperative that we act speedily to put an end to the uncertainty created by the recent judgment of the High Court in the case of Hookway. As I then explained to the House, that judgment is having a direct and immediate impact on the police’s ability to investigate offences and protect the public. The view of the Association of Chief Police Officers, which we share, is that we cannot wait until the outcome of the Supreme Court’s hearing of the appeal on 25 July. We need to act now, not least because we can make no assumption about the outcome of the appeal to the Supreme Court.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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The Minister says, “We need to act now”, but why have not we acted earlier?

Lord Herbert of South Downs Portrait Nick Herbert
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I am sure that these matters will be covered in the Second Reading debate. I set out in my statement last week why it had not been possible to act until the written judgment had been properly considered and until we had received formal advice from the Association of Chief Police Officers that it wished us to proceed in this way. In that regard, I should like to quote the chief constable of Essex, Jim Barker-McCardle. On this issue, he has said:

“It was only when ACPO received the written judgment on 17 June, and a number of senior people were able to spend some significant time considering the issue, that the seriousness of this became apparent. As the ACPO lead on this issue, I was not going to advise Ministers that the police service needed, in exceptional circumstances, fast track legislation until I had satisfied myself first that the legislation was necessary and that the police service could not operate effectively in light of this judgment, beyond the very short term.”

We acted: within two hours of receiving that written advice, I was here giving a statement to the House announcing that we would introduce emergency legislation. The suggestion that we did not act swiftly flies directly in the face of what ACPO is saying about how it wishes this matter to be considered. Opposition Members do not have the backing of senior police officers for their contention that we acted too slowly in this respect.

Police Reform and Social Responsibility Bill

Debate between Lord Herbert of South Downs and Mark Tami
Wednesday 30th March 2011

(13 years, 7 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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I absolutely accept what the right hon. Gentleman says. Local government matters are not reserved and local government touches on the panels, but that is precisely why we negotiated the legislative consent motion. It is deeply unfortunate that despite the fact that I negotiated that motion with the Minister responsible, Carl Sargeant, and he agreed it, he did not vote for it. As I said at the time, I regret that, because it was self-defeating. The motion sought to put in place the special arrangements for police and crime panels in Wales, on which the Welsh Assembly Government would have representation. I emphasise to the right hon. Gentleman that we really tried to reach an arrangement and to respect the devolution settlement.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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The point that my right hon. Friend the Member for Torfaen (Paul Murphy) makes is that the mechanism for election to police panels is a devolved matter, meaning that the Assembly is responsible. How does the Minister square that circle?

Lord Herbert of South Downs Portrait Nick Herbert
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If I may, I will come to that matter when we reach that specific group of amendments, because the Government have tabled amendments to address it. We must find a way to ensure that the Bill is consistent with the wishes of the Welsh Assembly, which it expressed in rejecting the legislative consent motion. I shall address that question at the appropriate time, but I wanted to respond specifically to the right hon. Member for Torfaen.

When moving new clause 4, the hon. Member for Gedling made a number of wider points in which he attempted to open up once again the arguments for and against police and crime commissioners. I shall not dwell on those other than to say that he has expressed support in the past for the concept of a direct component in police authorities, as was ably pointed out by my hon. Friend the Member for Northampton North (Michael Ellis).

In addition, in Committee, the hon. Member for Gedling moved an amendment for directly elected chairs of police authorities, and the previous Government twice proposed a democratic element. I accept that there is a difference between that Government and this one, but the difference is not that this Government do not believe in democratic reform of police authorities—it appears that all parties do. Rather, the difference is that the previous Government backed down twice, but we have no intention of doing so, because there was a Conservative party manifesto commitment, and as my hon. Friend the Member for Cambridge (Dr Huppert) pointed out, because having directly elected police authorities was separately a Liberal Democrat manifesto commitment.

We now know that the latest proposal from the hon. Member for Gedling is for directly elected chairs of police authorities. In moving and voting for that amendment, the hon. Gentleman wholly undermined his argument on cost, because implementation of directly elected chairs of police authorities would cost not the same as police and crime commissioners, but more. Therefore, the most expensive proposal for democratic reform of police authorities in the House of Commons is from the Opposition spokesman.

What is wrong with proposed new clause 4—I agree with the right hon. Member for Leicester East on this —is that it would put in the hands of the inspectorate of constabulary the power to hold an inquiry, and thereby to delay implementation of the Bill. Constitutionally, that would be very difficult. It would place the inspectorate in an invidious position. Parliament should decide reforms of this kind, after taking into account the views of both Houses and consulting widely. The idea that we can somehow park these matters into an inquiry by an independent body that is meant to look at the effectiveness and efficiency of policing is wrong. It would be very wrong for that organisation to do that, as it would effectively set up the inspectorate as judge and jury on a decision that Parliament had made. We therefore believe that these measures are the right thing to do, and we intend to proceed with them. Nevertheless, we are listening and will continue to do so.

In conclusion, on new clause 4, I would like to point out that, when the previous Home Secretary, the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) was proposing democratic reform of police authorities, he said that those who claimed to have the power, and who wished to hold the power, should therefore be accountable for the power. That is the right principle, and the basis on which we should proceed.

Police

Debate between Lord Herbert of South Downs and Mark Tami
Wednesday 9th February 2011

(13 years, 9 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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I want to make a little more progress, if my hon. Friend will forgive me.

The inspectorate’s report focuses on reducing police force costs to average levels, but why should forces not be able to go further by matching the performance of the best, rather than merely the average? If forces improve productivity and adjust to the level of spend typical of the more efficient forces, that could add another £350 million to the savings calculated in HMIC’s report.

Pay, too, was outside the scope of the report. It accounts for the bulk of total police spending—some £11 billion last year. Any organisation in which the majority of the cost is pay, and which is facing tough times, has to look at its pay bill. The Government have announced a policy for a two-year pay freeze across the public sector. Subject to any recommendations from the police negotiating board and agreement on staff pay, this might save some £350 million. We have asked Tom Winsor to review the remuneration and conditions of service of police officers and staff. The Government have asked the review to make recommendations that are fair to, and reasonable for, both the taxpayer and police officers and staff. I want to emphasise the importance of fairness to police officers, who cannot strike and who often do a difficult and dangerous job on the public’s behalf. Tom Winsor’s first report is due to be published in February, with the second part due in June. Taken together, we believe there are potential savings of some £2.2 billion a year by 2014-15, which is greater than the real reduction in central grant.

These changes require a fundamental redesign of policing, with far greater collaboration, shared services and the potential use of outsourcing. However, this does not mean a worse service to the public. Savings must be driven in the back and middle-offices of police forces—areas where functions are important, even if invisible to the public, but could be done more efficiently. These functions have grown disproportionately as the money rolled in and bureaucracy predominated. As Peter Fahy, chief constable of Greater Manchester police, told the Home Affairs Committee earlier this month,

“some of our headquarters operations had got too big.”

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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Does the Minister not accept that there is a danger that if forces cut back such staff—for instance, North Wales police is cutting one in four back-room staff—all that happens is that front-line officers have to be pulled off the beat to do that job?

Lord Herbert of South Downs Portrait Nick Herbert
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No, I do not accept that at all. The challenge is to ensure that those functions are done more efficiently; it is not simply a question of handing the function to someone else. No one is saying that back and middle-office functions can or should be abolished, but they can become much leaner.

Furthermore, protecting the front-line service does not mean setting it in aspic. Productivity at the front line can be improved, too, so that resources are better deployed in order to maintain or improve the service to the public. For example, West Yorkshire police have significantly reduced the time taken to investigate a crime. Improving the standard of initial investigation, they reduced the average time taken to investigate low-level crime by 85%. Wiltshire police have significantly reduced the time neighbourhood and response officers spend in custody centres, and off the streets, from an average of 27 minutes to an average of 10 minutes. That is worth 3,000 extra hours of street policing.

In Brighton, Sussex police have put in place a dedicated team for secondary investigations, reducing the amount of paperwork that response officers have to complete and allowing them to return quickly to the streets after answering a call. This saved nearly £1 million, improved response times and sped up the time it takes to complete an investigation.

Surrey police have changed their arrangements in order to co-locate some officers in council buildings, rather than their remaining in little-used police buildings, thereby saving money. That has helped to fund the recruitment of additional constables.

Police Grant Report

Debate between Lord Herbert of South Downs and Mark Tami
Wednesday 14th July 2010

(14 years, 4 months ago)

Commons Chamber
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Lord Herbert of South Downs Portrait Nick Herbert
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I agree. Of course there are savings to be made through more efficient working practices. We are determined to try to drive down bureaucracy in order to free up more police time, and there will be better management of police officers’ time. For instance, the Metropolitan Police Commissioner pointed out this week that he had increased the availability and visibility of the police by requiring officers to patrol individually rather than in pairs.

Mark Tami Portrait Mark Tami (Alyn and Deeside) (Lab)
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The right hon. Gentleman talked about manifesto pledges. What does he say about the manifesto pledge of his coalition partners, who promised us 3,000 extra police?

Lord Herbert of South Downs Portrait Nick Herbert
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As the hon. Gentleman knows, we have a coalition agreement that has superseded manifesto pledges. The truth is that no Government would now be in a position to increase police numbers because of the fiscal inheritance bequeathed to us by Labour.

--- Later in debate ---
Lord Herbert of South Downs Portrait Nick Herbert
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I agree with my hon. Friend, who had experience of the problem of force mergers as leader of West Sussex county council, where such a merger was strongly resisted. Huge sums of money were wasted by the previous Government on attempting, and failing, to drive that policy through. That is not a course that this Government will pursue.