Police Reform and Social Responsibility Bill

Lord Shipley Excerpts

Monday 11th July 2011 Lords Chamber

[Lord Shipley]

My Lords, I shall speak to Amendments 121 and 123. I mention in passing that it seems clear that the objective of Amendment 140, on which we might have said some things, has been achieved by Amendment 139.

I share some of the concerns of my noble friend Lord Newton. This is a complex matter that requires further thought. We have had some concern about the small size of the panel, so the Government’s proposal is welcome. We had wanted four co-opted members and 15 local authority members, making a total of 19 altogether. It is important that the panel is not too big—otherwise it might become unwieldy—but it has to be big enough to enable the diversity and geographical requirements to be met as part of the construction of that panel. Otherwise, it will not represent the area that it seeks to represent.

There are two outstanding issues. The first relates to the political balance of parties. It could be possible for a party-political label to be attached to the elected commissioner, and that party could have a massive majority of the local authority representatives nominated to the panel. That is not in the interests of the general public, and there has to be a system of meeting what the noble Lord, Lord Harris, pointed out—that the issue of proportionality must be delivered. Otherwise, the public will not have confidence in the ability of the panel to scrutinise independently and objectively the work of the commissioner.

The second issue that will have to be addressed is that of substitutes. Whatever the size of the panel, the fact remains that if people send apologies some local authority areas simply will not be represented at a key meeting. It would not be sustainable for a debate on the precept level to be undertaken without some councils being present at it. The issue of substitutes has to be urgently addressed. It is entirely possible that there could be an outcome, given the vote that we have just had, where, thanks to a majority of the members of the panel, if people were not present at the meeting, a different result could have been obtained had there been a higher turnout because of the way in which the veto operates. There is then a question of whether telephone or video attendance would be acceptable.

These are not secondary matters; they are fundamental. If a local authority finds that it cannot be present at a critical meeting and yet, for example, a precept is approved that it would not have supported, that is not going to be sustainable even in the short term. The Government will have to come up with some amendments regarding that.

[Baroness Farrington of Ribbleton]

My Lords, I am slightly confused now. Those of us who argued for the “of those present” amendment now see the noble Lord, Lord Shipley, talking about the need for substitutes, without which the right result may not come out. That is a little confusing.

I am standing up because I have a déjà vu about a déjà vu. I remember advising the Minister to talk to the noble Lord, Lord Howard of Lympne, about the way that he achieved the political balance that her Bill seeks to achieve but I believe, from the contributions today, does not achieve. Like the noble Lord, I, too, live in an area where the police authority has a lot of different local authorities—Essex also has many different local authorities—which is a situation that arises across the country. However, the noble Lord, Lord Howard, as Home Secretary, spent a great deal of time achieving a balance to counteract political dominance of police authorities that was unrepresentative of the local community, and ensuring that no one party—rather than no one person—could dominate and pervert the views of the local area.

The proposal before us today puts most of the power in the hands of an individual who may have been one of the people whom Michael Howard, as he was in those days, thought was unsuitable to dominate what was happening in policing, backed up by a system on the panel that will not give diversity. I hope the noble Baroness will be able to assure me that this proposal, rather than my noble friend’s amendment, carries the Michael Howard seal of approval to ensure balance. Although I did not always agree with him when he was Home Secretary, I recollect that he worked very hard to do something that the present Government are busily unpicking. They ought to stop it.