Police Reform and Social Responsibility Bill

Lord Stevens of Kirkwhelpington Excerpts

Wednesday 29th June 2011 Lords Chamber

[Lord Stevens of Kirkwhelpington]

My Lords, like my noble friend Lord Condon, I have wavered over whether this measure should be included on the face of the Bill or should be referred to. Having listened to conversations and today’s debate, I suspect that it is better for the measure not to be on the face of the Bill but to be referred to. There is absolutely no doubt whatever that if anyone gets to the stage of having to refer to the protocols to enforce their operational independence, that chief constable, chief officer or commissioner should not be where he is because he will have already gone through a process and lost the confidence of the police authority or the police and crime commissioner. This has been an interesting journey for me, having said at one stage that the measure should be on the face of the Bill, and then coming to the conclusion that it should not. However, as the noble Lord, Lord Harris of Haringey, and others have said, there has to be reference to it because there has to be a backstop at some stage and insurance as regards issues that may relate to mavericks, whether they be chief constables or police commissioners. At the end of the day, there have to be those safeguards.

[Baroness Browning]

My Lords, I am very grateful for the contributions made to the debate. The amendments tabled by the noble Lords, Lord Hunt, Lord Rosser and Lord Stevenson, reflect those that were laid in Committee and seek to protect the operational independence of chief police officers by placing a specific duty on the face of the Bill for each police and crime commissioner to exercise their functions in accordance with a memorandum of understanding issued by the Secretary of State.

During the Committee I undertook to invite noble Lords from all sides of the House to discuss the Government's draft protocol, which I had placed in your Lordships’ Library prior to commencing our Committee debate. I am very grateful to noble Lords for their attendance at that meeting and for the contribution which they made, which was extremely constructive. The meeting took place on 21 June. I take this opportunity to report back to the House on what was discussed with the sole intention of making clear that the Government remain very much in listening mode as we continue to work with ACPO, the APA and the Association of Police Authority Chief Executives on the draft of that document. As has already been pointed out, this is still a document in draft.

I must make it clear at the outset that until the Government finalise their consultation on the draft document, we are still open to considering the merits of placing the document on a legal footing. I have taken note of the views expressed across the House today. Some noble Lords are not quite decided, some have clearly taken a certain position and others have moved from one position to another. That signifies very clearly the complexity of this matter and, most importantly, the need to get it absolutely right. I hope that the House, particularly the noble Lords who have tabled these amendments, will understand that it is something that we are particularly keen not to rush and that we are still in listening mode on this.

I would also like to make clear that it became rapidly apparent to me during our discussion that we must stop viewing the new PCC policing governance model through the eyes of the existing arrangements, especially when discussing financial matters and budget responsibilities. During the meeting, a wide-ranging discussion was held as to whether the protocol should be placed on a statutory footing in secondary legislation or in the Bill. Those are the two options, and although secondary legislation has not been mentioned during today’s debate, it is clearly an option. I am particularly grateful for the professional insight that the noble Lords, Lord Condon and Lord Stevens, contributed and offered to the group. There is much further consideration to be given as to the level of detail required in the draft document. I have taken away their views and relayed them to my officials, who, I can assure this House, intend to feed back those views to the protocol working group when it meets later this month.

However, to place in the Bill the entire document as currently drafted will be a step too far. I hope that that will reassure particularly my noble friend Lord Howard of Lympne and other noble friends who said that they would be concerned if that were to be the case, and that it may undermine previous case law and common law. Those facts also have to be taken into account.

I know that ACPO has told the Government that it does not want any definition of operational independence to be placed in the Bill, for reasons that I am sure will be obvious to everyone. However, ACPO has said that it would like the protocol to be given some sort of legislative footing, and the Government remain open to this suggestion. I realise that we are at Report stage but work remains to be done on this issue. It is essential that we get the balance exactly right, as noble Lords have indicated. There is still time within the proceedings on the Bill in this House to make that judgment in time.

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[Lord Howard of Lympne]

There were many other much longer meetings. The noble Lord talked about the characteristics of Roman emperors. When I faced him across the negotiating table, it always seemed to me that he took upon himself many of the attributes of Roman emperors—he still perhaps to some extent does so today—and therefore greatly adorns the contributions which he makes to your Lordships’ House. I am even more reluctant to oppose the amendment because it is also supported by the noble Lord, Lord Stevens of Kirkwhelpington. I did not sit across the table from the noble Lord and negotiate with him. I had the great pleasure of working very closely with him when I had the privilege of holding the office of Home Secretary. I have enormous respect for his views and it is therefore with particular diffidence that I oppose this amendment.

My question is: what would the board of non-executives do which the panel would not do? The police and crime panel is particularly established by the provisions of this Bill to scrutinise and advise the police and crime commissioner. I repeat that it is established to advise the police and crime commissioner. What is the function of non-executives but to advise the police and crime commissioner? Do we really want to provide by statute a cumbersome bureaucratic panoply of organisations to perform the functions set out in the Bill?

We are proposing to have the police and crime commissioner, which I fully support, and the police and crime panel, precisely to provide the strong and robust governance arrangements which the noble Lord, Lord Harris, is so keen to see introduced. I share his view that it is important to have good and strong governance arrangements but that is what the police and crime panel would provide. To have this non-executive board in addition would at best be duplication of functions and, at worst, confusion and a proliferation of bureaucracy, which I suggest is the last thing that your Lordships should be seeking to foist upon the new arrangements provided by the Bill.

Therefore, despite my long and happy memories of my negotiations with the noble Lord, Lord Harris, and my enormous respect for the noble Lord, Lord Stevens of Kirkwhelpington, I would respectfully advise your Lordships to reject this amendment.

[Lord Stevens of Kirkwhelpington]

My Lords, I support the amendment. Far be it from me to disagree with the noble Lord, Lord Howard of Lympne, who I have said publicly I believe to have been one of the most successful Home Secretaries during my time in policing and beyond, but on this occasion I have to disagree with him. Perhaps I may take noble Lords back to the setting up of the Metropolitan Police Authority, along with the London Assembly and the new appointment of the Mayor of London. A year before that, with the agreement of Paul Condon, the commissioner when I was the deputy commissioner, we set up a committee. It consisted of various people from the Home Office, and indeed the noble Lord, Lord Harris of Haringey, was a member. We thrashed through and gradually teased out a new structure for London. It was going to be extremely complicated and difficult to bring in. It had a conflict of interest that involved the national responsibilities of the Metropolitan Police, and specifically the commissioner, and it had to take account of the new London Assembly, the Mayor of London, Ken Livingstone, and not least the police authority itself, before which the commissioner would appear on a regular basis—at least once a month.

Part of the discussions related to that was the independent elements necessary to ensure proper governance, independence and expert advice. Going back to some of the excellent things introduced by the noble Lord, Lord Howard of Lympne, as Home Secretary, one of those was the independence of the police authority and a widening of its knowledge, expertise, delivery and holding the chief constable to account. I believe it is necessary to have in place a process that can be dealt with by a non-executive director in relation to the new set-up with police commissioners and their panels. Perhaps I may take noble Lords through the three reasons for that process.

Financial decision-making and the creation of a corporation sole will be responsible for major decisions such as the placement of contracts, financial allocation and a number of other serious financial matters, including audit. It is imperative that within the police panel and outside of the official responsibilities of the Chief Constable and Commissioner of the Metropolitan Police, there is expert independence in terms of advice and good governance. The second reason is staffing. Again, it is important that the approach taken is that of best practice. Many noble Lords are involved in private business and they know that non-executive directorships constitute best practice in terms of good governance, independent advice, and ensuring that the vision of the company they are involved with is taken forward. If we are going down the line of corporation sole in relation to police commissioners and their panels, surely it is good governance, common sense and best practice to ensure that there is an element of non-executive directorship on the panel.

The third but by no means the least reason is that of equality of opportunity and diversity. The contribution made by a collective as opposed to an individual should always be noted in relation to what is on occasion an extremely difficult matter. The noble Lord, Lord Harris of Haringey, will know, as others on the Metropolitan Police Authority and the police assembly of the time will know, that on a number of occasions during the implementation of the Lawrence report—my deputy commissioner, the noble Lord, Lord Blair, was part of this—the implications of driving forward and turning the recommendations into action needed individual expertise from independent members of the Metropolitan Police Authority, members of which would on occasion come to see me or the noble Lord, Lord Blair, individually. To throw away that is to throw away extraordinary expertise which is necessary in the world in which we now live.

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[Lord Beecham]

Bearing in mind the rather surprising assertion of the noble Lord, Lord Carlile, who is not now in his place, that this amendment originates from what he would describe as the dark days of old Labour, would the noble Lord who has subscribed to it care to say whether he is now, or has ever been, a card-carrying member of the Labour Party?

[Lord Stevens of Kirkwhelpington]

Certainly not. The two most successful Home Secretaries that I know of in history is the one who is sitting opposite, the noble Lord, Lord Howard, and the second—you would never get the name out of me if you tricked me—was Jack Straw. He of course would be represented in Labour. How about that for an apolitical comment?

[Baroness Hamwee]

My Lords, I was going to go back to the Roman Empire. With all this talk about Roman emperors, I wondered whether I should claim for myself the role of Caesar’s wife, but I think I ought to leave that for the Minister.

I have two amendments in this group and was very persuaded by arguments made at the previous stage by noble Lords who spoke in support of the amendment of the noble Lord, Lord Harris. When the Government objected to the term “shall”, I asked whether “may” would be more acceptable. It was almost before the words were out of my mouth that I knew that I was going to be challenged by the noble Lord, Lord Harris of Haringey, who quite rightly made the point that police and crime commissioners who do not understand the need for robust governance arrangements are the ones who most need them.

My Amendments 4 and 18 break my own rules about providing for more regulation-making powers for the Secretary of State, but I have worded them in that way because I am not quite convinced that Amendments 3 and 20 quite capture everything. I have added to my list, in what would be new subsection (4B),

“provision for arrangements to ensure probity”.

Financial matters are within that, but probity covers a wider area.

I spotted what some might regard as a flaw in my amendment by providing for consultation with police and crime commissioners, or their union as it might be, before their coming into being, but I have assumed, for the purposes of this argument at any rate, that the transitional arrangements might give time for this as well as consultation with local authority representatives. That is because of the important role of panels, police authorities and local authorities in this area.

My noble friend Lord Wallace spoke in Committee of the importance of personalities and personal relationships, and a willingness to co-operate. He was quite right, but I would say, “Yes, but”, or maybe, “Yes, therefore”.

There was also concern about how much detail should be in the Bill. Well, there is quite a lot of detail in it, so I would like to see some that I would be comfortable supporting. My noble friend also talked about the roles undertaken by the chief executive and the chief finance officer. He said that they would ensure that propriety and that:

“They will be subject to established public authority duties, as are their equivalents in police authorities and elsewhere”.—[Official Report, 18/5/11; col. 1466.]

They do have those duties, but that is not the same as governance in the round. I would say to the noble Lord, Lord Howard, that the police and crime panels, with their limited checks, are not governance. Most of their duties are to be carried out in arrear. They do not have a contemporary role and that is what governance is about. If it is to be their function, the Bill needs a lot of amendment and I for one would be very happy to see that, but the check, balance and scrutiny role in police and crime panels is a different role from governance.

There have been major developments in governance in public life recently. Many of your Lordships will be involved in charities where hugely different arrangements have had to be put in place over recent years. It is proper that there are such standards in public life. This is another such position. I am not convinced that the amendment of the noble Lord, Lord Harris, is spot on and I am sure that he and the Minister will say that mine is not either, but something needs to be provided that surrounds, supports and controls this new office.