Police Reform and Social Responsibility Bill

Debate between Lord Laming and Baroness Browning

Wednesday 29th June 2011 Lords Chamber

[Lord Laming]

All right.

[Baroness Browning]

My Lords, I am grateful to the noble Lord and I certainly look forward to hearing what he has to say.

Amendments 2 and 17 would add the relevant provisions of the Children Act 2004 to the list of duties in respect of which the police and crime commissioner, or the Mayor's Office for Policing and Crime, should hold the chief constable or Commissioner of Police for the Metropolis to account. I am indebted to the noble Lord, Lord Laming, for putting his name to Amendment 2.

Naturally, all of us want the police to comply with all statutory duties that apply to them. Indeed, Clause 1(7) already provides that the PCC is to hold chief constables to account for the exercise of all the functions. Clause 1(8), on the other hand, is a list of matters for which PCCs in particular hold chief constables to account. The purpose is to highlight matters of particular importance which we would say merit special attention. The same provisions apply under Clause 4(7) and (8) respectively for London.

Deciding what should be included in a list such as this is necessarily subjective. What was in the Bill on its introduction represented the Government's best efforts. That said, the noble Baroness, Lady Henig, presented a compelling argument, supported by the noble Lord, Lord Laming, for the inclusion of the Children Act 2004 in the list. The Government have listened on that point and agree that—given the occurrence of some high-profile deaths of children—police officers, PCCs and MOPC should be in no doubt about the statutory duty of the police to safeguard children and promote their welfare. That includes in formulating policing strategy, setting budgets, forming effective partnerships and in a constable’s execution of day-to-day operations. The Government agree with the noble Baroness, Lady Henig, and the noble Lord, Lord Laming, that that is an important addition to the list of duties for which the police and crime commissioner should hold the chief constable to account in particular. I beg to move.

[Lord Laming]

I apologise for my enthusiasm. I did not want to steal the Minister’s thunder. On the contrary, I wanted to explain to the House that I put my name to the amendment, a government amendment—it may be unusual for a Cross-Bencher to do that—because I wanted to thank her for the thought that she has given to these matters. I pay tribute to her for her willingness to meet us and to consider how best the care of children should be seen to be a priority of police and crime commissioners and chief constables in future.

I will not rehearse the points made at earlier stages, because I am sure that Members of this House have a full understanding of the need for the police services to take seriously their wider responsibilities for the safety and well-being of children and young people, be it the local community officer, the specialist detective, the commander or the chief constable or police and crime commissioner. All those people throughout the service have a unique responsibility to fulfil their duties and to co-operate with the other key services in this area of work.

This legislation rightly has the title “Police Reform and Social Responsibility Bill”. In my view—and, I am sure, the view of many of your Lordships—it would be a lost opportunity if we did not put into the Bill the responsibilities that police forces up and down the country carry in this area of work. Indeed, the police have carried out a huge amount of development in recent years, and I suspect that the Metropolitan Police child protection teams are among the best in the world. Not only are they a credit to this country but they have much to teach other countries in the field of child abuse, neglect, exploitation and matters such as the abduction and trafficking of children and young people. It seems to me—and, I know, to other Members of your Lordships’ House—that this priority in police services should be clearly recognised. I simply end as I began by saying to the House that the Minister has kindly allowed me to share my thoughts with her, and therefore I know a little of the hard work that she has put in to ensure that this happens. I am delighted about Amendment 2 and, because of my limited vocabulary, positively thrilled about Amendment 17.

Police Reform and Social Responsibility Bill

Debate between Lord Laming and Baroness Browning

Wednesday 18th May 2011 Lords Chamber

[The Minister of State, Home Office (Baroness Browning)]

My Lords, I thank all noble Lords who have contributed to the debate. Perhaps I may begin by putting something on the record, because many noble Lords have mentioned the operational independence of the police. In particular, the noble Lord, Lord Bradshaw, drew attention, I believe, to the case of Madeleine McCann. I can assure your Lordships that there was no question of the Home Secretary directing the Commissioner of the Metropolitan Police to carry out this exercise. Due to the international expertise that exists in the Met, there were discussions between the Home Office and the Metropolitan Police. The commissioner took the operational decision to support the investigation on that basis. It was felt appropriate that funding should flow from the Home Office because of the additional costs associated with policing that case. I hope that that reassures people who have been concerned about that aspect of it.

For the benefit of noble Lords who were not here last week when we produced the protocol document, perhaps I should also repeat that the whole area of governance, and the relationship between a police and crime commissioner and the chief constable, is set out in a draft document that is still open to consultation. I hope in due course to have further discussions with Members across the House so that we might see how that document can be improved. Again, the governance and independence of the police are key to that document.

This is an unusual debate by any standards of what has taken place in the House previously, and I shall attempt to address as much of what has been said as I can, given the circumstances. I know that the noble Baroness, Lady Harris, is having difficulties with her voice at the moment, but if she is able formally to move her Amendment 31, which proposes a new model of governance, a police commission, perhaps we might then have a little more clarity in our proceedings, because the amendments in the group which we have been discussing are consequential to that amendment. None the less, I shall try to be as constructive as possible in relation to what has been said today.

I was asked about the role of the PCC in tackling crime; the noble Baroness, Lady Henig, referred to it in her opening remarks. Had the Bill not been amended as it was last Wednesday, the PCC would have been empowered to make grants to community safety partnerships within their force areas. It was envisaged that the PCC would determine local priorities for crime reduction and who was best placed to handle both the symptoms and, crucially, the causes of crime within their force area.

The amendments propose a new model whereby a police and crime commission will be created, consisting of a police and crime panel with the power to elect a police and crime commissioner. If you directly elect an individual, you have to be able to allow that individual to carry out the mandate on which they have been successfully elected. The elected individual needs strong and effective checks and balances—I am in total agreement with that. What is proposed, however, is not an effective check and balance but a slow and bureaucratic decision made by committee.

In the absence of any evidence to the contrary, I assume that the police and crime panel to which the amendments refer is the panel as set out in the Bill. This is fundamentally the same model as we have now with police forces accountable to police authorities—a model which, as was discussed last Wednesday, simply does not provide the public with a mechanism for holding their police service to account. The proposed model would fail to provide the democratic accountability that policing needs and the public demand. If anything, it turns the clock back. The noble Lord, Lord Hunt, mentioned the watch-committee style of policing governance which was abolished in 1964. The model proposed, as I understand it, would place politicians in control, with no direct accountability to the public, which is what the original provision sought to do. The watch-committee style of system, with politicians in control but with no direct accountability to the public, resulted in corruption and politicisation of the police. On the first day in Committee, the noble Baroness, Lady Hilton of Eggardon, and the noble and learned Baroness, Lady Butler-Sloss, respectively reminded your Lordships of the cases of Chief Constable Athelstan Popkess in Nottingham and of Councillor Bookbinder in Derbyshire. Surely we do not want to return to that.

Amendment 19, to which the noble Lord, Lord Laming, spoke, would add to the list of duties on which the police and crime commissioner should hold the chief constable to account. The noble Lord was concerned that it should mention duties imposed by any enactment, specifically those under the Human Rights Act 1998 and the Children Act 2004. All of us here want our police to comply with all their statutory duties. That is why Clause 1(7) already provides for the PCCs to hold the chief constable to account for the exercise of all their functions, which naturally include those legal obligations with which the chief constable must comply. The Government are happy to take this opportunity to reassure the Committee, because I know that views on this are widely held, that they take very seriously compliance with the Human Rights Act and the Children Act. However, the inclusion of the duties under those Acts, let alone every other enactment, would muddy the list of functions which are particularly important for PCCs. The Government do not consider it necessary to include the provisions of the Human Rights Act or the Children Act in Clause 1(8), much as the provisions of those statutes are of course recognised to be important.

However, given the strength of feeling that has been expressed today, we are willing to revisit this point and to ensure that the correct balance is struck between the general and specific duties of the chief constable. I make the offer of one-to-one discussions as the Bill progresses with noble Lords who have a particular interest in this area to make sure that we get that balance right.

[Lord Laming]

I thank the Minister most warmly for that. I gladly accept the opportunity to have a discussion.