Police and Crime Commissioner Elections (Welsh Forms) Order 2012

Lord Wigley Excerpts

Monday 29th October 2012 Lords Chamber

I know that the noble Lord, Lord German, is seeking a debate stressing how the Welsh and UK Governments can work more closely in the interests of the people of Wales. Well, if this abysmal track record is anything to go by, Welsh Ministers will not be working in partnership with their colleagues in Cardiff for the benefit of the people of Wales. We have all heard the term, “sleeping partner”, but I am sure that we did not expect it to apply to an entire government department. Under this Government the Wales Office has no profile. The Ministers are invisible; they have no mandate; and it is clear from the mess caused by the delay of this order that they have no great interest in Wales. The lateness in laying the order is typical of this Government—a Government who only a while ago forced through a Bill cutting the number of Welsh MPs by 25 per cent. The voice of Wales will be heard. We will not be silenced, and whatever happens to the parliamentary boundaries, I have no doubt that the Conservative and Liberal Democrat MPs will certainly be given their marching orders at the next election.

[Lord Wigley]

My Lords, I am very glad of the opportunity to speak briefly on this order. I thank the Minister for his courtesy in pointing out last week that this debate was taking place, but having said that, I may not be quite so positive towards the Government. I certainly agree with the remarks of the noble Lord, Lord Touhig, in what has been an incredible episode in these events.

The deputy head of the Electoral Commission, Rhydian Thomas, has pointed out in no uncertain terms:

“Welsh language legislation requires that in Wales the Welsh language is treated no less favourably than the English language”.

That applies in this case. It is not something new. The first Welsh Language Act was in 1967, there was another in 1993 and there was a revision from the National Assembly two years ago. That is known to the Home Office and has been known all through the procedures relating to the police and crime commissioner elections. Why on earth are we now, two days before the deadline for these papers to be posted out for postal vote purposes, having to spend an extra £350,000 to cover the mistake made by somebody in the Home Office?

In his document, Rhydian Thomas states:

“Police Area Returning Officers have put in place contingency arrangements; they are printing both bilingual and English language ballot papers so that postal ballot packs can be issued promptly. If this Order comes into effect in time, bilingual ballot papers can be issued in postal ballot packs. If not English language ballot papers will be used. The UK Government has agreed to provide additional funding to cover the additional cost of printing duplicate postal ballot packs”.

That is £350,000 at a time when we are told that every penny is vital. With all the cutbacks going on under the Welfare Reform Act and other legislation we see this waste of money because no one thought about it in time. That is of great concern. Rhydian Thomas further states:

“We are strongly of the view that the rules relating to any elections should be clear at least six months in advance. We have already made clear to the UK Government the unacceptable lateness of the Welsh Forms Order and our concerns about the inconsistency in their approach to prescribing forms and notices in English and Welsh for these elections”.

He later states:

“This Order should incorporate any corrections to address errors in the forms and notices that have been identified in the statutory English language versions”.

So we have not only got a mess through not having a Welsh language version, but the English language version that was drawn up was also incorrect according to the deputy head of the electoral structure in Wales. That cannot be acceptable. I fear that it indicates an attitude within the Home Office towards what is happening in Wales which, at best, is remote and uncaring and, at worst, is disdainful and contemptuous towards the needs in Wales.

I noted what the noble Lord, Lord Touhig, said about Wales Office Ministers, who clearly have a responsibility in this, but the primary responsibility for these forms lies with the Home Office—it should have got it right—and if the Home Office is incapable of getting it right on something as basic as this when the legislation has gone through the House, then, as in the case of Scotland and Northern Ireland, the Home Office should come under the National Assembly where, whatever else happens there, it would not have made a mistake of this kind.

Whereas I welcome the fact that these forms are going through at the 11th hour, I hope some lessons are learnt and taken to heart.

[Lord Roberts of Llandudno]

My Lords, I join with the condemnation of the noble Lord, Lord Touhig—apart from his final remark, which I do not accept at all—and the noble Lord, Lord Wigley. This is a shambolic way in which to undertake any kind of election. We have it on good authority that the ballot papers will be going out within the next 48 hours but it is only tonight that we will say, “Yes, let us have the bilingual papers”. How the staffs in the various local authorities will manage to do this over the next day or two is beyond my comprehension. Not only is this part of the election process at fault but the whole issue has been conducted in haste and has not been thoroughly thought through.

As to the postal ballot papers that are being issued, in the previous Parliament I campaigned to ensure that members of the Armed Forces then in Iraq and in Afghanistan now received ballot papers to allow them to take part in any election. There is not a chance that they will be able to do that now. There is something seriously wrong with our democracy when we deny people who are fighting for our freedoms the right to vote for the party of their choice.

To divert a little—I make no apology for this—how will candidates access the electors in their constituencies? Greater Manchester has 2 million people—I do not know whether that is the number of voters—so how are the candidates standing there going to get in touch with those 2 million people? Liverpool has 1 million people and North Wales has about 500,000 people: who will be able to contact these people with details of the candidates and their policies; how will they get through? There is no free post but a polling card was sent out about two weeks ago. That could have been used to provide at least a page from each of the candidates standing in the various constituencies—as they do in London mayoral elections—but nothing came.

No one will be able to say that this is a fair election. They may say, “It will be on the internet” but 8 or 9 million people have no access to the internet. How will those people know who is standing, which party they belong to and what their proposals are for policing in their particular area? It could have been so different.

Only the wealthy or well-funded candidates in North Wales—which is only a small electorate—could possibly afford £50,000 to mail people in their areas. No ordinary person—certainly no independent person—will be able to afford this. So some candidates will have access because they have money; others will be unable to afford access. Would there not be a case for a legal challenge to the results when they are announced? Someone will have to think that through thoroughly.

While I am delighted that at long last we are to have Welsh ballot papers and that a prototype is in our briefing, so much else is wrong. This is a total shambles which does not reflect on the people of the areas it is supposed to represent. As to the point about this being approved at the last hour, we cannot call for the election to be declared invalid now but certainly we need to go through it thoroughly in the future.

I support what has been said. I am glad that there has been at least an acknowledgement of Welsh—which, of course, is one of the great languages of the western world—but we will try to ensure that discounting us without a thought will not happen again.

--- Later in debate ---

[Lord Taylor of Holbeach]

That will have to be for future legislators to consider. It is certainly not possible under current law. As I have explained, the responsibility lies with the Home Office to deliver these elections in England and Wales. The noble Lord, Lord Elystan-Morgan, showed a great deal of understanding about the complexity of statutes under which Welsh language elements of elections have to be conducted. He mentioned the two statutes and the complexity of the issue. I thank him for his understanding of that matter.

A number of noble Lords, including the noble Lords, Lord Wigley and Lord Rosser, mentioned the cost of £350,000. That is within the £75 million budget, and it will not cost any additional money nor extend the budget for these elections. It is within the contingencies that noble Lords have mentioned.

We take the Welsh language very seriously. I am an English-speaking Englishman who has to receive any part of the Welsh language culture second-hand. However, I appreciate it enormously. It enhances all our lives that we have a second living language spoken in these islands. It is greatly to our advantage and is one of the reasons why we support, in any way that we can, opportunities for Welsh speakers to express themselves in their Welsh language. Indeed, as I said, they can take the oath in Welsh if they wish on achieving office.

[Lord Wigley]

We all appreciate the noble Lord’s positive words towards the Welsh language and our heritage that goes with it. On the lessons to be learnt from these mistakes—I am sure he would accept that there have been mistakes somewhere, otherwise we would not be in this position—will there be an opportunity for the Home Office to review how they deal not just with Welsh language matters but with matters relating to Wales where there is an overlap with the National Assembly, such as the interface between crime and social services and the way in which they work with the devolved Administration, to make sure that we do not get into this mess again in any context?

[Lord Taylor of Holbeach]

I implied in my response so far that the key lies in getting mechanisms whereby some of these things that have required separate consideration by Parliament are automatic and part and parcel of the process. The translation of election material into the Welsh language is something that the Law Commission should be looking at. How that is delivered is a matter for the Government and Parliament to consider when the Law Commission eventually reports on elections. However, one lesson that comes out of this is that it gives us an opportunity to look at how we do these things in the future. I am grateful for that aspect of the debate, which has overridden, I hope, some of the other aspects of the debate that have not perhaps been quite so positive in the assessment of the Government’s intentions.

The Electoral Commission is right that we should take whatever steps we can to make sure that this order comes into effect by 31 October. That is the point at which returning officers can start to send their postal voting packs to voters. They cannot send them before. I hope that noble Lords will support this order and then I am sure that these voting packs will go out by 1 November.

There will be opportunities for us to look at this issue in the future and I thank noble Lords for their contribution to the debate today. I hope this order will have the support of the House and I commend it.

Police Reform and Social Responsibility Bill

Lord Wigley Excerpts

Monday 11th July 2011 Lords Chamber

I would be shocked out of my skin if the Government, for all their charity, were to accept the amendment. It would enable the Welsh Assembly to determine the exact functions of that body. My guess—and I am no prophet—is that the functions would not be a million miles away from those exercised by police authorities at the moment. No irrefutable case has been made for change, but it would be something that the Welsh people, through their Assembly and legislature, would decide. On that basis, I end by making this plea to the Minister and to Her Majesty's Government. Wales is facing a new chapter in its constitutional history. The nation, which is 1,500 years old, faces new challenges and new prospects. It would set the seal on a relationship that is wholesome, chivalrous and noble if the Government were now to say, “We have the sensitivity, chivalry and understanding to take on board the case that has been made on behalf of Wales”. I beg to move.

[Lord Wigley]

My Lords, I shall speak also to the other amendments in the group. As we have heard, these amendments seek to ensure that Wales has an appropriate framework for a real partnership working, taking into account the reality that many of the public services important to good policing are devolved to the National Assembly for Wales.

First, it is essential that good operational links exist between the police and local government. Local government in Wales is fully devolved for both the legislative and financial overview under the Assembly. The Assembly is also responsible for highways, housing, community safety and social services in Wales, all of which are greatly important to the work of the police force. In particular, the road safety partnership is an essential feature of such co-operation. Furthermore, education comes entirely under the National Assembly, and that is relevant to the work of the police and schools liaison officers. The Assembly is responsible for youth services, youth justice and substance misuse—all vital to police work.

As the noble Lord, Lord Elystan-Morgan, said, the National Assembly’s Communities Committee has considered the impact of the Bill, if it becomes an Act, on community safety in Wales. Its report, which I have here, was published in February of this year. It has the headline recommendation which calls for any establishment of police commissioners and police crime panels to be deferred until their impact had been assessed in England. This was a constructive comment to ensure that, if they do come in, they come in with lessons learnt and fit in with the structures that we have in Wales. The committee also recommended that, if the Government go ahead, there should be an equal balance of power and a consensual approach between the commissioners and the police and crime panels.

The evidence garnered by the committee overwhelmingly praised police forces in Wales for developing over the past decade much stronger engagement with communities. As the former chair of the north Wales Crimebeat organisation, I can certainly vouchsafe that that is true in our area. This is reinforced by evidence from a diverse phalanx of organisations that was given to that committee of the Assembly, ranging from Her Majesty’s Inspectors of Constabulary to Welsh Women’s Aid, from the Welsh Local Government Association to the Welsh Audit Office, and from ACPO to the Campaign Against Political Policing.

The community dimensions are an essential ingredient of Welsh life and Welsh culture. After a period of working at arm’s length from the community, the police have learnt that they were ignoring a vital tool in their fight against crime. Having a community actively on your side makes a huge difference in the work of the police. This is true everywhere, of course, but particularly in Wales where communities are so close knit. The National Assembly, with the support of all parties, has led the way towards getting this approach accepted. There is now a happy and successful working relationship which is making real inroads into reducing crime. So, if it ain’t broke, why mend it?

The amendments do not do either of two things: they do not transfer responsibility for policing from the Home Office to the Assembly, although chief constables in Wales have pressed for that to happen; and they do not provide for Wales to be totally and permanently excluded from the provisions of the Bill with regard to the establishment of police and crime panels. The amendments facilitate this to be developed organically in Wales, building on what has been achieved by the National Assembly in partnership with the police forces, and to harness the huge community resource we have in Wales in a partnership between not only the National Assembly and the police forces but with local government.

I urge the Government to think again on this matter; to accept that authoritarian centralism is not always the best approach; and to harness rather than throttle the diversity that we have in these islands.

[Lord Hunt of Kings Heath]

My Lords, we are indebted to the noble Lords, Lord Elystan-Morgan and Lord Wigley, for bringing this back to our attention. The noble Lord, Lord Elystan-Morgan, asked the Government for some sensitivity. The problem is that the Government have not shown sensitivity when it comes to the way they have dealt with the Welsh perspective.

As noble Lords will know, the Welsh Government made it clear that they did not agree with a proposal for directly elected commissioners. However, they were quite prepared to discuss with the Government a compromise which would have consisted of police authorities remaining—and the noble Lords, Lord Elystan-Morgan and Lord Wigley, gave very convincing arguments as to why they should remain in Wales—but the elected commissioner in Wales would act as chair of those police authorities. For the life of me, I do not understand why the Government were not prepared to accept that very decent offer from the Welsh Assembly. Instead, we have to look at Part 3 of Schedule 6 which gives the Secretary of State the ability to ensure that police and crime panels are established in each police area in Wales, despite the fact that the Welsh Assembly Government do not want those panels established. The only argument that I could recall from our discussion in Committee stage was that this might have a big impact on cross-border crime.

With the greatest respect, I really do not understand the need for Wales and England to have police and crime panels in order to deal with either cross-border crime or cross-border co-operation. One is not aware of the traumas of the relationship between England and Scotland where there are not the police and crime panels north of the border. Indeed, one can look at other aspects of the devolution settlement, like the health service, where one sees different policies developed in different parts of the UK but none the less we still have one National Health Service.

I am delighted that the noble Lords have brought this to our attention. Even now, at this late hour, one hopes that the Minister will show some sensitivity. If not, I hope that the noble Lords will consider other opportunities to bring this to our attention.

Disabled People: Disability Hate Crime

Lord Wigley Excerpts

Monday 27th June 2011 Lords Chamber

[Baroness Browning]

The noble Lord will know that I am a vice-president of the National Autistic Society and I am very happy to take forward his request.

[Lord Wigley]

My Lords—

[Lord Addington]

My Lords—

Police Reform and Social Responsibility Bill

Lord Wigley Excerpts

Tuesday 24th May 2011 Lords Chamber

Nevertheless, the Government have respected the decision of the Assembly and have therefore amended the Bill to give the Secretary of State, rather than local authorities, the power to form police and crime panels within Wales. These panels will not form within local government structures but the Bill still seeks to ensure that the panels are made up of locally elected representatives, invited to form such a body at the request of the Secretary of State.

[Lord Wigley]

I apologise to the House that I missed the earlier part of this debate, although I have heard all of the Minister’s comments. She mentioned the role of local government and that there might be an involvement in the activities that she has just outlined. Can she confirm that each local government area would have a voice in this, as they do at present on the police authorities—a unique situation in Wales, where every authority is represented?

[Baroness Browning]

I have to say to the noble Lord that these negotiations and discussions are still ongoing. However, I hear what he has said and will certainly feed back what he has suggested today.

We have also amended the Bill to ensure that the provisions on community safety partnerships do not touch on matters in respect of which Welsh Assembly Government Ministers have functions. I hope that this account explains how we have reached the provisions set out in the Bill at present. Policing remains reserved. It is this Government’s intention to secure the same reform for the people of Wales as for those in England, following the decision taken in the first session of this Committee. The Bill now removes the current arrangements for policing governance, but I can assure your Lordships’ House that there are ongoing discussions to make sure that we get this absolutely right. I am grateful for the patience of your Lordships’ House. There are amendments that relate specifically to Wales not only in the current group but in subsequent groups.

I turn now to pilots. The amendments tabled by my noble friends would require the Government to pilot police commissions—or police and crime commissioners, as remains the Government’s intent—in certain police areas before establishing them across England and Wales. In the spirit of constructive debate, I will deal with this group as though the amendments affected the original policy and clauses that would have established police and crime commissioners in England and Wales. Your Lordships will know that we are in difficult territory here. We are dealing with two very different bodies in the context of piloting.

I shall not repeat what I have said in debates on previous amendments but I spelt out some of the research that has been done, which clearly demonstrates the public’s appetite for more engagement with policing in their local areas. The success of the crime mapping website launched this year is evidence of this, with 410 million hits since January. Cabinet Office research showed that more than two-thirds of the public wanted an elected person to hold the police to account. I heard what my noble friend Lady Hamwee said about not praying in aid the experience of the Mayor of London. However, I cannot ignore what has happened in London. They mayor is there and the policing structure in London is there, and has been there for a while. While it was not exactly floated as a specific pilot, none the less we cannot ignore the fact that since the Mayor of London took on responsibility for policing, MPA correspondence has more than quadrupled. For these reasons there is no need to conduct pilots to establish these matters. Pilots also present practical problems.