Police Reform and Social Responsibility Bill

Lord Murphy of Torfaen Excerpts

Wednesday 30th March 2011 Commons Chamber

[Dr Huppert]

rose—

[Paul Murphy (Torfaen) (Lab)]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Members have to stand if they want to speak—bobbing up and down like this does not help me. I call Julian Huppert.

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[Dr Huppert]

I am happy to do so. I hope that the Government will consider what I have said as well as the self-suspension ideas.

[Paul Murphy]

I support new clause 4, the case for which was so powerfully made, characteristically, by my hon. Friend the Member for Gedling (Vernon Coaker). I hope that the House will divide on it.

I support the idea of deferring the commencement of part 1. Later, there might be the opportunity to debate my amendment, which would exempt Wales from part 1, but this is an opportunity to reflect on a less drastic course of action—that is, the deferral of the commencement of the Bill. There are one or two reasons for that and I hope that the House will bear with me as I set them out.

Not very long ago, the National Assembly for Wales took the unprecedented decision not to give legislative consent to part 1. That, in my experience—which goes back a few years in such matters—is entirely unprecedented. It has never happened before. As a consequence, the Communities and Culture Committee of the National Assembly has asked for the deferment of part 1. Its headline recommendation reads:

“We recommend that the Welsh Government has dialogue with the UK Government to persuade it to defer introducing those aspects of the bill related to the abolition of Police Authorities, and establishment of Police Commissioners and Police Crime Panels in Wales, at least until the effectiveness of their impact in England has been assessed.”

That is not a million miles away from new clause 4, which asks for the deferral of the commencement until such an assessment has been made by HMIC. That is why I support the new clause.

Policing, as the Minister will know, is not devolved in Wales, although it is in Scotland and Northern Ireland, but it is different in Wales from in England. I cannot see any evidence that there has been any sort of negotiation, discussion or proper Government-to-Government relationship on the issue of policing in Wales in so far as part 1 is concerned. There might have been, and doubtless the Minister will let us know when he winds up.

In Wales, there is a rather different relationship between the Welsh Local Government Association—to which my hon. Friend the Member for Gedling has already referred and which, incidentally, is not in Labour’s hands but is controlled by independents and non-Labour Members—police authorities in Wales, of which there are four, and the Welsh Assembly Government. That relationship is very special because it touches on a working partnership arrangement between the police authorities in Wales and the National Assembly that is unique in the United Kingdom. It seems proper to me to repeat the arguments used in Wales by local government, by the police authorities, by the National Assembly and by the Welsh Assembly Government to ask for the commencement of part 1 to be deferred. One chief reason those bodies ask for the deferment is the fact that there are rather different financial arrangements in Wales for policing. Half of Welsh police forces get their money from the Welsh Assembly.

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[The Minister for Policing and Criminal Justice (Nick Herbert)]

First, I apologise to the Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), for exhausting him. I look forward, of course, to his inquiry. I very much hope that he will invite me to give oral evidence, but that is entirely a matter for him and his Committee. I am sure that the Home Office will submit written evidence, but of course I welcome the inquiry, as I have welcomed all his reports since he assumed the chairmanship.

It seems to me that the purpose of new clause 4 is to delay the enactment of the important part of the Bill that will create directly elected police and crime commissioners. That has been expressed pretty openly. The right hon. Member for Torfaen (Paul Murphy) was explicit about the fact that he sought that for Wales, so I will seek to address that point.

As I argued in my speech to the Institute for Public Policy Research on Monday, which is on my website and which I am happy to send to any hon. Member—I am grateful to the right hon. Member for Leicester East for quoting it—I do not believe that there is time for delay, because the changes that we need to make to policing are urgent. The democratic deficit must be addressed, and there is a need to drive savings at local level more strongly than they have been driven before. We therefore need to undertake this reform.

Furthermore, if the Government signal any kind of delay now, which the Government emphatically do not wish to do, we would create uncertainty, at a time when, subject to the further deliberations of the House and the other place, others outside are preparing in the expectation that the Bill will become law—the House gave a Second Reading to the Bill—and that the first elections for police and crime commissioners will take place in 2012.

The Home Office has a transition board, which I chair, which includes all parties, including ACPO and the Association of Police Authorities. Those parties may not have proposed the Government’s measure, and they may not be wholly happy with it, but they nevertheless sensibly recognise that it makes sense to sit down and discuss how the changes should be put into place.

I want to emphasise that although the Government are determined to proceed with the Bill and its reform, we have listened. I hope the hon. Member for Gedling (Vernon Coaker) accepts that we listened in Committee, when I believe we had a constructive debate. We also listened to those outside—important views have been put to us—and to the Home Affairs Committee. We will come to debate what the Committee describes as the memorandum of understanding to protect operational independence—we call it a protocol—but we agree that it is a good idea.

We also listened to ACPO’s concerns on ensuring that strategic policing is addressed despite the greater localisation expressed in the Bill. As a consequence, the Bill provides for the strategic policing requirement. We have also strengthened the powers of police and crime panels. The Government have listened and sought to address concerns, but we nevertheless remain committed to the introduction of police and crime commissioners, with the first elections in May 2012, although we could move sooner in London, which already has a Mayor.

The right hon. Member for Torfaen referred to the National Assembly for Wales Communities and Culture Committee request for a deferment of the provisions and asked whether the Government have held discussions with the Welsh Assembly Government. I must reassure him that, right from the beginning, we have sought such discussions and to respect the devolved arrangements in Wales. I have met the Minister responsible, as has the Home Secretary, and our officials have had a great deal of discussion.

The Assembly Government have made it clear that they do not favour police and crime commissioners, but of course, policing is a reserved matter, and the House of Commons has decided that police and crime commissioners should apply in England and Wales—that is what the Bill says. The question is whether we can find arrangements that respect those aspects of the devolution settlement that are within the competence of the Welsh Assembly. We sought to do that through the legislative consent motion that we tabled, which we will shortly debate further.

I very much regret that the Welsh Assembly did not pass that motion, but I repeat that we have at all times sought to address the Welsh Assembly Government’s proper concern, while recognising that it is equally proper that the House of Commons decides on that reserved matter. Saying that we must always follow a request from the devolved Parliament or one of the Assemblies for a deferment is tantamount to saying that the matter is no longer reserved. For so long as the matter is reserved, I believe that the right decisions have been taken.

[Paul Murphy]

I remind the Minister that things are not quite as simple as saying that policing is reserved. Policing is of course reserved, but aspects of the Bill touch on matters that are not reserved. Local government, which is wholly resolved in Wales, has a huge role to play on the panels, so it is not quite as simple as he says it is. There is more room for negotiation with the Welsh Assembly Government on those very important matters.

[Nick Herbert]

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.