Oral Answers to Questions
Mike Penning Excerpts(8 years, 1 month ago)
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Marcus Fysh (Yeovil) (Con)
9. What steps she is taking to ensure that police forces implement reforms to increase their effectiveness.
The Minister for Policing, Fire, Criminal Justice and Victims (Mike Penning)
We have established and continue to strengthen the system whereby police and crime commissioners provide real local accountability on how chief constables’ forces perform. Her Majesty’s inspectorate of constabulary inspects efficiency and the effectiveness of force activity, and the College of Policing creates an evidence base as to best practice and sets out professional standards.
Marcus Fysh
Will my right hon. Friend please comment on the reform of the Independent Police Complaints Commission, whose processes have caused some issues for officers in my constituency and whose effectiveness is vital for public confidence in the police?
Mike Penning
With the Policing and Crime Bill that is going through the House at the moment, we intend to instil that confidence in the IPCC not just by changing its name, but by strengthening its role. It is absolutely imperative that the public have confidence in the police, as the vast majority of them do a fantastic job.
Ian Austin (Dudley North) (Lab)
Will these reforms help solve unsolved crimes? Nobody who grew up in Dudley will forget the shocking murder of 13-year-old paperboy Carl Bridgewater, and no one who watched last night’s documentary on the case will believe that the new evidence it revealed should not be looked at. Will the Minister and the Home Secretary ask the police and the Crown Prosecution Service to review the new evidence to see whether this case can finally be solved and whoever was responsible be brought to justice?
Mike Penning
No one will forget that terrible case, no matter how long ago it was, and our thoughts are still with the parents. It is not the role of the IPCC to instruct the police how to investigate, but we will look at the case and at the ongoing evidence. Perhaps the hon. Gentleman and I could meet to discuss it further.
Nicola Blackwood (Oxford West and Abingdon) (Con)
Having pleaded guilty to the manslaughter of Justin Skrebowski claiming diminished responsibility, Trevor Joyce was sentenced last week to life imprisonment. Justin’s brave widow, Gulsen Alkan, has already met Ministers in her campaign against knife crime, but this case also raises questions about how well mental health services work with the police. What steps are the Government taking to improve that, and will the Minister please meet us once more to prove that lessons can be learned from this case, and that such a horrific case can never happen again?
Mike Penning
I am pleased that the family has the courage to want to campaign on knife crime. It is very important that victims feel that they have the confidence to come forward. I am sure that either the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), or I will be more than happy to meet to discuss this matter. The issue around mental health is at the core of the Bill that is going through the House at the moment. The police must be used as a last resort when it comes to safety. We must make sure that we have a better understanding of mental health issues. Street triage and other such work that is going on at the moment has really helped us with the type of policing that we want to see in the 21st century.
Mr David Hanson (Delyn) (Lab)
One thing that makes the police extremely effective is the co-operation that we receive from our European partners. What will the Minister say on 25 June if we are no longer eligible to be in Europol?
Mike Penning
We will work with our European partners and other partners around the world to ensure that our criminal justice system works.
Sarah Champion (Rotherham) (Lab)
To be effective, the police need to be trusted by the community that they serve. Truth is built by being honest about the past. Will the Home Secretary finally do the right thing and grant the request of the Orgreave Truth and Justice campaign and nearly 100 cross-party MPs for a full inquiry into what exactly happened on 18 June 32 years ago in the battle of Orgreave?
Mike Penning
The hon. Lady raises a very, very important point, and, as Hillsborough has proved, the Home Secretary has a track record of looking at that sort of thing with a very open mind and in a way that perhaps no Home Secretary has ever done. We will look at Orgreave—indeed we are looking at it at the moment. Confidence in our police can be there only if we have a transparent system for dealing with complaints, and that is exactly what the Bill that is going through the House is all about.
Alberto Costa (South Leicestershire) (Con)
10. What steps the Government are taking to tackle cybercrime.
Policing and Crime Bill (Seventh sitting)
Mike Penning ExcerptsTuesday 12th April 2016
(8 years, 3 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 12 April 2016 - (12 Apr 2016)
Lyn Brown
I am grateful to the Minister for that clear and concise answer to the points that I made. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 91 ordered to stand part of the Bill.
Clauses 92 to 102 ordered to stand part of the Bill.
Schedule 12 agreed to.
Clauses 103 to 107 ordered to stand part of the Bill.
New Clause 1
Initiation of investigations by IPCC
‘(1) Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc) is amended as follows.
(2) In paragraph 4 (reference of complaints to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 4A”.
(3) After paragraph 4 insert—
“Power of Commission to treat complaint as having been referred
4A (1) The Commission may treat a complaint that comes to its attention otherwise than by having been referred to it under paragraph 4 as having been so referred.
(2) Where the Commission treats a complaint as having been referred to it—
(a) paragraphs 2 and 4 do not apply, or cease to apply, in relation to the complaint except to the extent provided for by paragraph 4(7), and
(b) paragraphs 5, 6, 6A, 15 and 25 apply in relation to the complaint as if it had been referred to the Commission by the appropriate authority under paragraph 4.
(3) The Commission must notify the following that it is treating a complaint as having been referred to it—
(a) the appropriate authority;
(b) the complainant;
(c) except in a case where it appears to the Commission that to do so might prejudice an investigation of the complaint (whether an existing investigation or a possible future one), the person complained against (if any).
(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a complaint and the complaint has not yet been recorded, the appropriate authority must record the complaint.”
(4) In paragraph 11 (recording etc of conduct matters otherwise than where conduct matters arise in civil proceedings), omit sub-paragraph (5).
(5) In paragraph 13 (reference of conduct matters to the Commission), in sub-paragraph (7), in the words before paragraph (a), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 13A”.
(6) After paragraph 13 insert—
“Power of Commission to treat conduct matter as having been referred
13A (1) The Commission may treat a conduct matter that comes to its attention otherwise than by having been referred to it under paragraph 13 as having been so referred.
(2) Where the Commission treats a conduct matter as having been referred to it—
(a) paragraphs 10, 11 and 13 do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 13(7), and
(b) paragraphs 14 and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 13.
(3) The Commission must notify the following that it is treating a conduct matter as having been referred to it—
(a) the appropriate authority;
(b) except in a case where it appears to the Commission that to do so might prejudice an investigation of the matter (whether an existing investigation or a possible future one), the person to whose conduct the matter relates.
(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a conduct matter and the matter has not yet been recorded, the appropriate authority must record the matter.”
(7) In paragraph 14A (duty to record DSI matters), omit sub-paragraph (2).
(8) In paragraph 14C (reference of DSI matters to the Commission), in sub-paragraph (3), after “occasion” insert “, or that has been treated as having been so referred by virtue of paragraph 14CA,”.
(9) After paragraph 14C insert—
“Power of Commission to treat DSI matter as having been referred
14CA (1) The Commission may treat a DSI matter that comes to its attention otherwise than by having been referred to it under paragraph 14C as having been so referred.
(2) Where the Commission treats a DSI matter as having been referred to it—
(a) paragraphs 14A and 14C do not apply, or cease to apply, in relation to the matter except to the extent provided for by paragraph 14C(3), and
(b) paragraphs 14D and 15 apply in relation to the matter as if it had been referred to the Commission by the appropriate authority under paragraph 14C.
(3) The Commission must notify the appropriate authority that it is treating a DSI matter as having been referred to it.
(4) Where an appropriate authority receives a notification under sub-paragraph (3) in respect of a DSI matter and the matter has not yet been recorded, the appropriate authority must record the matter.”
(10) In section 29 of the Police Reform Act 2002 (interpretation of Part 2 of that Act), in subsection (1), in paragraph (a) of the definition of “recordable conduct matter”, for “or 11” substitute “, 11 or 13A”. —(Karen Bradley.)
This new clause is intended to take the place of clause 14. The amendments of Schedule 3 to the Police Reform Act 2002 in the new clause are aimed at giving the IPCC the ability to consider whether or not it is necessary for a complaint, conduct matter or DSI matter to be investigated and, if so, to determine what form the investigation should take, as soon as the IPCC becomes aware of the complaint or matter.
Brought up, read the First and Second time, and added to the Bill.
New Clause 2
Sensitive information received by IPCC: restriction on disclosure
‘(1) Part 2 of the Police Reform Act 2002 (complaints and misconduct) is amended as follows.
(2) After section 21 insert—
“21A Restriction on disclosure of sensitive information
(1) Where the Commission receives information within subsection (3), the Commission must not disclose (whether under section 11, 20 or 21 or otherwise) the information, or the fact that it has been received, unless the relevant authority consents to the disclosure.
(2) Where a person appointed under paragraph 18 of Schedule 3 to investigate a complaint or matter (a “paragraph 18 investigator”) receives information within subsection (3), the paragraph 18 investigator must not disclose the information, or the fact that it has been received, to any person other than the Commission unless the relevant authority consents to the disclosure.
(3) The information is—
(a) intelligence service information;
(b) intercept information;
(c) information obtained from a government department which, at the time it is provided to the Commission or the paragraph 18 investigator, is identified by the department as information the disclosure of which may, in the opinion of the relevant authority—
(i) cause damage to national security, international relations or the economic interests of the United Kingdom or any part of the United Kingdom, or
(ii) jeopardise the safety of any person.
(4) Where the Commission or a paragraph 18 investigator discloses to another person information within subsection (3), or the fact that the Commission or the paragraph 18 investigator has received it, the other person must not disclose that information or that fact unless the relevant authority consents to the disclosure.
(5) In this section—
“government department” means a department of Her Majesty’s Government but does not include—
(a) the Security Service,
(b) the Secret Intelligence Service, or
(c) the Government Communications Headquarters (“GCHQ”);
“intelligence service information” means information that was obtained (directly or indirectly) from or that relates to—
(a) the Security Service,
(b) the Secret Intelligence Service,
(c) GCHQ, or
(d) any part of Her Majesty’s forces, or of the Ministry of Defence, which engages in intelligence activities;
“intercept information” means information relating to any of the matters mentioned in section 19(3) of the Regulation of Investigatory Powers Act 2000;
“Minister of the Crown” includes the Treasury;
“paragraph 18 investigator” has the meaning given by subsection (2);
“relevant authority” means—
(a) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Security Service, the Director-General of the Security Service;
(b) in the case of intelligence service information obtained (directly or indirectly) from or relating to the Secret Intelligence Service, the Chief of the Secret Intelligence Service;
(c) in the case of intelligence service information obtained (directly or indirectly) from or relating to GCHQ, the Director of GCHQ;
(d) in the case of intelligence service information obtained (directly or indirectly) from or relating to Her Majesty’s forces or the Ministry of Defence, the Secretary of State;
(e) in the case of intercept information, the person to whom the relevant interception warrant is or was addressed;
(f) in the case of information within subsection (3)(c)—
“relevant interception warrant” means the interception warrant issued under section 5 of the Regulation of Investigatory Powers Act 2000 that relates to the intercept information.
21B Provision of sensitive information to the Commission and certain investigators
‘(1) A person who provides information that is intelligence service information or intercept information to the Commission or a paragraph 18 investigator (whether under a provision of this Part or otherwise) must—
(a) make the Commission or the paragraph 18 investigator aware that the information is intelligence service information or (as the case may be) intercept information, and
(b) provide the Commission or the paragraph 18 investigator with such additional information as will enable the Commission or the paragraph 18 investigator to identify the relevant authority in relation to the information.
(2) In this section, “intelligence service information”, “intercept information”, “paragraph 18 investigator” and “relevant authority” have the same meaning as in section 21A.”
(3) In Schedule 3 (handling of complaints and conduct matters etc), in Part 3 (investigations and subsequent proceedings)—
(a) omit paragraph 19ZD (sensitive information: restriction on further disclosure of information received under an information notice);
(b) in paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—
(i) after sub-paragraph (6) insert—
“(6A) Where a person would contravene section 21A by submitting, or (as the case may be) sending a copy of, a report in its entirety to the appropriate authority under sub-paragraph (2) or (3)(b), the person must instead submit, or send a copy of, the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.”;
(ii) in sub-paragraph (8), at the end insert “except so far as the person is prevented from doing so by section 21A”;
(c) in paragraph 23 (action by the Commission in response to an investigation report under paragraph 22), after sub-paragraph (2) insert—
“(2ZA) Where the Commission would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(a) or to the Director of Public Prosecutions under sub-paragraph (2)(c), the Commission must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the Commission must not disclose.”;
(d) in paragraph 24A (final reports on investigations: other DSI matters), after sub-paragraph (3) insert—
“(3A) Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.”” —(Karen Bradley.)
Paragraph 19ZD of Schedule 3 to the Police Reform Act 2002 currently imposes restrictions on the further disclosure by the IPCC of certain sensitive information received by it under an information notice. This new clause replaces paragraph 19ZD with new section 21A of the 2002 Act, which applies irrespective of how the IPCC has obtained the information. New section 21A also applies to investigators appointed under paragraph 18 of Schedule 3 to the 2002 Act (investigations by an appropriate authority under the IPCC’s direction). New section 21A is supplemented by new section 21B, which is intended to assist those needing to comply with section 21A.
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Release without bail: fingerprinting and samples
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 61(5A) (fingerprinting of person arrested for a recordable offence) —
(a) in paragraph (a) omit “in the case of a person who is on bail,”, and
(b) in paragraph (b) omit “in any case,”.
(3) In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—
(a) in paragraph (a) omit “in the case of a person who is on bail,”, and
(b) in paragraph (b) omit “in any case,”.—(Karen Bradley.)
Sections 61(5A) and 63(3ZA) of PACE allow fingerprints and samples to be taken from persons released on bail. Because of changes in the Bill, persons will be released without bail (rather than on bail) unless pre-conditions are met. The amendments change those sections so they cover persons released without bail too.
Brought up, read the First and Second time, and added to the Bill.
New Clause 4
Release under section 24A of the Criminal Justice Act 2003
(1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.
(2) In subsection (2) for paragraphs (b) and (c) substitute—
“(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or
(c) released without charge and on bail if—
(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and
(ii) the pre-conditions for bail are satisfied.”
(3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “subsection (2)(c)”.
(4) After subsection (8) insert—
(8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.”—(Karen Bradley.)
This new clause changes the provisions in the Criminal Justice Act 2003 relating to persons who are arrested because they are believed to have failed to comply with conditions attached to a conditional caution. To reflect the changes made in the Bill, those persons will be released without bail (rather than on bail) unless pre-conditions are met.
Brought up, read the First and Second time, and added to the Bill.
New Clause 5
Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 34 (limitations on police detention) after subsection (5A) (inserted by section 42 of this Act) insert—
(5B) Subsection (5C) applies where—
(a) a person is released under subsection (5), and
(b) the custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(5C) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(5D) Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(5E) In this Part “caution” includes—
(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
(c) a youth caution under section 66ZA of that Act.”
(3) Section 37 (duties of custody officer before charge) is amended as follows.
(4) After subsection (6) insert——
(6A) Subsection (6B) applies where—
(a) a person is released under subsection (2), and
(b) the custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(6B) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(6C) Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”
(5) After subsection (8) insert—
(8ZA) Where—
(a) a person is released under subsection (7)(b) or (c), and
(b) the custody officer makes a determination as mentioned in subsection (6A)(b),
subsections (6B) and (6C) apply.”
(6) Section 37B (consultation with Director of Public Prosecutions) is amended as follows.
(7) After subsection (5) insert—
(5A) Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”
(8) Omit subsection (9).
(9) In section 37CA (release following arrest for breach of bail) after subsection (4) insert——
(5) Subsection (6) applies where—
(a) a person is released under subsection (2), and
(b) a custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(6) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(7) Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”
(10) In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—
(a) in paragraph (d) for “(5)” substitute “(5E)”, and
(b) in paragraph (f) for “(6)” substitute “(6C)”.—(Karen Bradley.)
This new clause requires a custody officer to notify a person released under section 34(5), 37(2) or (7)(b) or (c) or 37CA(2) of PACE if it is decided not to prosecute. So the person is put in the same position as a person released under section 37(7)(a) (who is notified under section 37B(5)).
Brought up, read the First and Second time, and added to the Bill.
New Clause 6
Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 41 (limits on period of detention without charge) after subsection (9) insert—
(10) Subsection (11) applies where—
(a) a person is released under subsection (7), and
(b) a custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(11) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(12) Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”
(3) In section 42 (authorisation of continued detention) after subsection (11) insert—
(12) Subsection (13) applies where—
(a) a person is released under subsection (10), and
(b) a custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(13) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(14) Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”
(4) In section 43 (warrants of further detention) after subsection (19) insert——
(20) Subsection (21) applies where—
(a) a person is released under subsection (15) or (18), and
(b) a custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(21) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(22) Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.”
(5) In section 44 (extension of warrants of further detention) after subsection (8) insert——
(9) Subsection (10) applies where—
(a) a person is released under subsection (7), and
(b) a custody officer determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(10) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(11) Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.” —(Karen Bradley.)
This new clause requires a custody officer to notify a person released under section 41(7), 42(10), 43(15) or (18) or 44(7) of PACE if it is decided not to prosecute. So the person is put in the same position as a person released under section 37(7)(a) (who is notified under section 37B(5)).
Brought up, read the First and Second time, and added to the Bill.
New Clause 22
Combined authority mayors: exercise of fire and rescue functions
‘(1) The Local Democracy, Economic Development and Construction Act 2009 is amended in accordance with subsections (2) to (4).
(2) After section 107E insert—
“107EA Exercise of fire and rescue functions
(1) This section applies to a mayor for the area of a combined authority who—
(a) by virtue of section 107D(1), may exercise functions which are conferred on a fire and rescue authority in that name (“fire and rescue functions”), and
(b) by virtue of section 107F(1), may exercise functions of a police and crime commissioner.
(2) The Secretary of State may by order make provision—
(a) authorising the mayor to arrange for the chief constable of the police force for the police area which corresponds to the area of the combined authority to exercise fire and rescue functions exercisable by the mayor;
(b) authorising that chief constable to arrange for a person within subsection (4) to exercise functions exercisable by the chief constable under arrangements made by virtue of paragraph (a).
(3) An order under subsection (2) may provide that arrangements made under the order—
(a) may authorise the exercise of any fire and rescue functions exercisable by the mayor;
(b) may authorise the exercise of any fire and rescue functions exercisable by the mayor other than those specified or described in the order;
(c) may authorise the exercise of fire and rescue functions exercisable by the mayor which are specified or described in the order.
(4) The persons mentioned in subsection (2)(b) are—
(a) members of the chief constable’s police force;
(b) the civilian staff of that police force, as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011;
(c) members of staff transferred to the chief constable under a scheme made by virtue of section 107EC(1);
(d) members of staff appointed by the chief constable under section 107EC(2).
(5) Provision in an order under section 107D(1) for a function to be exercisable only by the mayor for the area of a combined authority is subject to provision made by virtue of subsection (2).
(6) This section is subject to—
(a) section 107EB (section 107EA orders: procedure), and
(b) section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting).
107EB Section 107EA orders: procedure
‘(1) An order under section 107EA(2) may be made in relation to the mayor for the area of a combined authority only if the mayor has requested the Secretary of State to make the order.
(2) A request under subsection (1) must be accompanied by a report which contains—
(a) an assessment of why—
(i) it is in the interests of economy, efficiency and effectiveness for the order to be made, or
(ii) it is in the interests of public safety for the order to be made,
(b) a description of any public consultation which the mayor has carried out on the proposal for the order to be made,
(c) a summary of the responses to any such consultation, and
(d) a summary of the representations (if any) which the mayor has received about that proposal from the constituent members of the combined authority.
(3) Subsections (4) and (5) apply if—
(a) the mayor for the area of a combined authority has made a request under subsection (1) for the Secretary of State to make an order under section 107EA(2), and
(b) at least two thirds of the constituent members of the combined authority have indicated that they disagree with the proposal for the order to be made.
(4) The mayor must, in providing the report under subsection (2), provide the Secretary of State with—
(a) copies of the representations (if any) made by the constituent members of the combined authority about that proposal, and
(b) the mayor’s response to those representations and to the responses to any public consultation which the mayor has carried out on that proposal.
(5) The Secretary of State must—
(a) obtain an independent assessment of that proposal, and
(b) in deciding whether to make the order, have regard to that assessment and to the material provided under subsection (4) (as well as the material provided under subsection (2)).
(6) An order under section 107EA(2) may be made only if it appears to the Secretary of State that—
(a) it is in the interests of economy, efficiency and effectiveness for the order to be made, or
(b) it is in the interest of public safety for the order to be made.
(7) The Secretary of State may, in making an order under section 107EA(2) in relation to the mayor for the area of a combined authority, give effect to the mayor’s proposal for the order with such modifications as the Secretary of State thinks appropriate.
(8) Before making an order which gives effect to such a proposal with modifications, the Secretary of State must consult the mayor and the combined authority on the modifications.
(9) In this section—
“constituent council”, in relation to a combined authority, means—
(a) a county council the whole or any part of whose area is within the area of the combined authority, or
(b) a district council whose area is within the area of the combined authority;
“constituent member”, in relation to a combined authority, means a member of the authority appointed by a constituent council (but does not include the mayor for the area of the combined authority).
107EC Section 107EA orders: further provision
‘(1) An order under section 107EA(2) may make provision for the making of a scheme to transfer property, rights and liabilities (including criminal liabilities) from a fire and rescue authority or the combined authority to the chief constable (including provision corresponding to any provision made by section 17(4) to (6) of the Localism Act 2011).
(2) A chief constable to whom an order under section 107EA(2) applies may appoint staff for the purpose of the exercise of functions exercisable by the chief constable by virtue of the order.
(3) A chief constable to whom an order under section 107EA(2) applies may—
(a) pay remuneration, allowances and gratuities to members of the chief constable’s fire and rescue staff;
(b) pay pensions to, or in respect of, persons who are or have been such members of staff;
(c) pay amounts for or towards the provision of pensions to, or in respect of, persons who are or have been such members of staff.
(4) In subsection (3) “allowances”, in relation to a member of staff, means allowances in respect of expenses incurred by the member of staff in the course of employment as such a member of staff.
(5) Subject to subsections (6) to (8), a person who is employed pursuant to a transfer by virtue of subsection (1) or an appointment under subsection (2) may not at the same time be employed pursuant to an appointment by a chief constable of the police force for a police area under Schedule 2 to the Police Reform and Social Responsibility Act 2011.
(6) Where an order under section 107EA(2) is in force in relation to the chief constable of the police force for a police area, the person who is for the time being the police force’s chief finance officer is to be responsible for the proper administration of financial affairs relating to the exercise of functions exercisable by the chief constable by virtue of the order.
(7) Subsection (5) does not prevent a person who is employed as a finance officer for fire functions from being at the same time employed as a finance officer for police functions.
(8) In subsection (7)—
“finance officer for fire functions” means a member of a chief constable’s fire and rescue staff who—
(a) is not a chief finance officer of the kind mentioned in subsection (6), and
(b) is employed to carry out duties relating to the proper administration of financial affairs relating to the exercise of functions exercisable by the chief constable by virtue of an order under section 107EA(2);
“finance officer for police functions” means a member of a chief constable’s civilian staff within the meaning of the Police Reform and Social Responsibility Act 2011 who—
(a) is not a chief finance officer of the kind mentioned in subsection (6), and
(b) is employed to carry out duties relating to the proper administration of a police force’s financial affairs.
(9) Where an order under section 107EA(2) is in force, the combined authority to which the order applies must pay—
(a) any damages or costs awarded against the chief constable to whom the order applies in any proceedings brought against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff;
(b) any costs incurred by the chief constable in any such proceedings so far as not recovered by the chief constable in the proceedings;
(c) any sum required in connection with the settlement of any claim made against the chief constable in respect of the acts or omissions of a member of the chief constable’s fire and rescue staff, if the settlement is approved by the authority.
(10) Where an order under section 107EA(2) is in force, the combined authority to which the order applies may, in such cases and to such extent as appears to the authority to be appropriate, pay—
(a) any damages or costs awarded against a member of the fire and rescue staff of the chief constable to whom the order applies in proceedings for any unlawful conduct of that member of staff;
(b) costs incurred and not recovered by such a member of staff in such proceedings;
(c) sums required in connection with the settlement of a claim that has or might have given rise to such proceedings.
(11) In this section “fire and rescue staff”, in relation to a chief constable to whom an order under section 107EA(2) applies, means—
(a) staff transferred to the chief constable under a scheme made by virtue of subsection (1);
(b) staff appointed by the chief constable under subsection (2).
107ED Section 107EA orders: exercise of fire and rescue functions
‘(1) This section applies if—
(a) an order under section 107EA(2) makes provision in relation to the area of a combined authority, and
(b) by virtue of the order, fire and rescue functions exercisable by the mayor for the area of the combined authority are exercisable by the chief constable of the police force for the police area which corresponds to that area.
(2) The chief constable must secure that good value for money is obtained in exercising—
(a) functions which are exercisable by the chief constable by virtue of the order, and
(b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.
(3) The chief constable must secure that other persons exercising functions by virtue of the order obtain good value for money in exercising those functions.
(4) The mayor must—
(a) secure the exercise of the duties which are exercisable by the chief constable or another person by virtue of the order,
(b) secure the exercise of the duties relating to fire and rescue services which are imposed on the chief constable by or by virtue of any enactment,
(c) secure that functions which are exercisable by the chief constable or another person by virtue of the order are exercised efficiently and effectively, and
(d) secure that functions relating to fire and rescue services which are conferred or imposed on the chief constable by or by virtue of any enactment are exercised efficiently and effectively.
(5) The mayor must hold the chief constable to account for the exercise of such functions.
107EE Section 107EA orders: complaints and conduct matters etc
‘(1) If an order is made under 107EA(2) that enables arrangements to be made for the exercise of functions by members of a police force or the civilian staff of a police force, the Secretary of State may by order amend Part 2 of the Police Reform Act 2002 (persons serving with the police: complaints and conduct matters etc) in consequence of that provision.
(2) If an order is made under section 107EA(2) that enables arrangements to be made for the exercise of functions by members of staff transferred to a chief constable under a scheme made by virtue of section 107EC(1) or appointed by a chief constable under section 107EC(2), the Secretary of State may by order make provision of the type described in subsection (3) in relation to those members of staff.
(3) The provision referred to in subsection (2) is—
(a) provision corresponding or similar to any provision made by or under Part 2 of the Police Reform Act 2002;
(b) provision applying (with or without modifications) any provision made by or under Part 2 of that Act.
(4) The Secretary of State may by order, in consequence of any provision made under subsection (2), amend Part 2 of the Police Reform Act 2002.
(5) Before making an order under this section the Secretary of State must consult—
(a) the Police Advisory Board for England and Wales,
(b) the Independent Police Complaints Commission,
(c) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
(d) such persons as appear to the Secretary of State to represent the views of fire and rescue authorities, and
(e) such other persons as the Secretary of State considers appropriate.
107EF Section 107EA orders: application of local policing provisions
‘(1) The Secretary of State may by order—
(a) apply (with or without modifications) any provision of a local policing enactment in relation to a person within subsection (2);
(b) make, in relation to such a person, provision corresponding or similar to any provision of a local policing enactment.
(2) Those persons are—
(a) a mayor for the area of a combined authority to which an order under section 107EA(2) applies,
(b) a chief constable to which such an order applies, and
(c) a panel established by virtue of an order under paragraph 4 of Schedule 5C for such an area.
(3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made by or under a local policing enactment or make provision corresponding or similar to any such provision.
(4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).
(5) In this section “local policing enactment” means an Act relating to a police and crime commissioner.
(3) In section 107D(6)(b) (general functions exercisable by the mayor for the area of a combined authority) after “section 107E” insert “or 107EA”.
(4) In section 120 (interpretation) after the definition of “EPB” insert—
““fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;”.
(5) In section 26 of the Fire Services Act 1947 (firefighters’ pension scheme) (as continued in force by order under section 36 of the Fire and Rescue Services Act 2004) in subsection (5A) (as inserted by paragraph 12 of Schedule 1)—
(a) omit the “or” at the end of paragraph (a), and
(b) after paragraph (b) insert—
“(c) a transfer to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or
(d) an appointment by the chief constable under section 107EC(2) of that Act.”
(6) In section 63 of the Police Act 1996 (Police Advisory Board for England and Wales) in subsection (4) (as inserted by paragraph 15 of Schedule 1) for “also imposes a requirement” substitute “and section 107EE of the Local Democracy, Economic Development and Construction Act 2009 also impose requirements”.
(7) In section 38 of the Police Reform Act 2002 (police powers for civilian staff) in subsection (11A) (as inserted by paragraph 17 of Schedule 1) after paragraph (b) insert—
“(c) any member of staff transferred to that chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009 (transfer of property, rights and liabilities to chief constable to whom fire functions of combined authority may be delegated);
(d) any member of staff appointed by that chief constable under section 107EC(2) of that Act (appointment of staff by chief constable to whom fire functions of combined authority may be delegated).”
(8) In section 34 of the Fire and Rescue Services Act 2004 (pensions etc) in subsection (11) (as inserted by paragraph 9 of Schedule 1)—
(a) omit the “or” at the end of paragraph (a), and
(b) after paragraph (b) insert—
“(c) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or
(d) appointed by the chief constable under section 107EC(2) of that Act.”
(9) In section 37 of the Fire and Rescue Services Act 2004 (prohibition on employment of police in fire-fighting) (as substituted by paragraph 10 of Schedule 1) in subsection (3)—
(a) after “whom” insert “—(a)”, and
(b) after paragraph (a) insert “, or
(b) functions of a fire and rescue authority which are exercisable by the mayor of a combined authority have been delegated under an order under section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009.”
(10) In Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment, suspension and removal of senior police officers) in paragraph 2 (no appointment until end of confirmation process) in sub-paragraph (1AA) (as inserted by paragraph 23 of Schedule 1) after “section 4F of the Fire and Rescue Services Act 2004” insert “or section 107EA(2) of the Local Democracy, Economic Development and Construction Act 2009”.
(11) In Schedule 1 to the Public Service Pensions Act 2013 (persons in public service: definitions) in paragraph 6 (fire and rescue workers) in paragraph (aa) (as inserted by paragraph 24 of Schedule 1)—
(a) omit the “or” at the end of sub-paragraph (i), and
(b) for the “or” at the end of sub-paragraph (ii) substitute—transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, orappointed by the chief constable under section 107EC(2) of that Act, or”.”
(i) transferred to the chief constable under a scheme made by virtue of section 107EC(1) of the Local Democracy, Economic Development and Construction Act 2009, or
(ii) appointed by the chief constable under section 107EC(2) of that Act, or”.” —(Mike Penning.)
This new clause makes provision for and in connection with enabling the mayor of a combined authority by whom fire and rescue functions are exercisable to delegate those functions to the chief constable for the police area which corresponds to the area of the combined authority.
Brought up, and read the First time.
The Minister for Policing, Fire, Criminal Justice and Victims (Mike Penning)
I beg to move, That the clause be read a Second time.
Mike Penning
New clause 22 applies the single employer model to combined authority mayors to enable mayors with both policing and fire functions to delegate fire functions to a single chief officer, who will employ both police and fire personnel. This allows combined authority mayors to realise the core benefits of collaboration between the police and fire services, for example by bringing together a senior management team or allowing rapid consolidation of back-office functions. The candidates for metro mayor who are coming forward are particularly looking for that collaboration: it will be essential to producing the efficiencies, economy and effectiveness needed. The new clause will give metro mayors the ability to function in the way we all expect them to.
Lyn Brown
The new clause will give metro mayors the power to put in place a single employer model for the fire service and for the police force, where they have taken on the role of fire and rescue authority and police and crime commissioner. There are already provisions in the Bill that enable metro mayors to take on responsibility for the governance of policing and fire, but there is no existing legislation to give a mayor who has taken on both roles the power to implement the single employer model.
As we discussed in a previous sitting, the Bill provides for police and crime commissioners who have taken responsibility for fire and rescue to put in place a single employer model; the new clause extends this power to mayors. Since we were opposed to the single employer model then, it will be no surprise to the Minister or the Committee that we are still opposed to it now. The Committee will be relieved to hear that I am not going to repeat the arguments I made on the first day against the single employer model in quite as much detail today—the Committee has heard my concerns, and I am sure the Minister took note of them—but I would like to re-address the important arguments.
A large proportion of the work carried out by the fire service is preventive: smoke alarms are checked, sprinklers are fitted and homes are made safer. This preventive work is not an add-on to the fire service’s work; it is at the core of what it does. We need to be honest: there are some people who would not welcome a policeman into their homes without a warrant. Police officers turning up at their door can be a scary experience. There are fears that under the single employer model it may be more difficult for the fire service to carry out vital preventive work if a member of the public is concerned that the firefighters coming into their home may have to share information with or report back to their boss, the police.
There is a fundamental difference between the humanitarian service that the fire and rescue service provides and the law enforcement service carried out by the police. This is not an attack on our police, who provide an important public service, as we all know. However, for the public to allow firefighters into their homes for preventive checks, there has to be a level of trust in the fire service, which is quite simply not paralleled elsewhere.
There is also the issue of workers in the police force and the fire and rescue service enjoying different terms and conditions of employment, not least around the right to strike. I think there are legitimate fears that the single employer model will be used as a means of cutting back on the workers’ rights of those in the fire service.
Finally, I am concerned about extending the power of the single employer model to metro mayors at this late stage in the legislative process. By including that in a late amendment, the Government have not given those living in metropolitan areas the time to consider and be consulted about what is on offer. Will the Minister explain why this important part of the Government’s reform is being made via an amendment at this late stage?
Mike Penning
I am, sadly, not surprised that Her Majesty’s Opposition continue with the concern that they raised about the PCCs. The principle here is pretty simple: that it will have no operational effect on the fire service. There are two separate pillars of funding—two separate positions to be in. We have tabled numerous amendments, which is quite normal; we are making sure that there is no anomaly between PCCs and mayors.
There was initial support from Her Majesty’s Opposition. The shadow Policing Minister said:
“I think that police and fire services logically sit within the context of a combined authority.”—[Official Report, 14 October 2015; Vol. 600, c. 376.]
I agreed with him at the time. What we are now discussing—who trusts whom going into homes—has nothing to do with that; it is to do with whether we have the same system for PCCs as we have for mayors. That is the reason for the amendments.
Mike Penning
I respect the shadow Policing Minister’s position. There are very few things we disagree on, particularly in the Bill, but on this particular point we disagree. There will be plenty of time on Report and in the other place to discuss that further, but it would be wrong to leave an anomaly between PCCs and mayors, which is why the Government have tabled these amendments. I hope the Committee will approve them.
Question put, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
Government new clause 42—Offence of breach of pre-charge bail conditions relating to travel: interpretation.
New clause 43—Breach of pre-charge bail—
“(1) A person commits an offence if, having been released on bail under sections 37, 37C(2)(b) or 37CA(2)(b) of the Police and Criminal Evidence Act 1984 under investigation for a terrorism offence or serious crime offence they breach any of the terms of their bail specified that place restriction on their ability to travel including surrendering their passport and/or place conditions on their residency.
(2) A person guilty of an offence under this section shall be liable on summary conviction to 6 months imprisonment or a fine or to both.
(3) For the purposes of this section, serious crime shall be specified of the Secretary of State by order.”
This new clause would make it an offence for those suspected of serious crimes and terrorism to break bail conditions linked to travel.
Government amendment 226
Mike Penning
This is a very important Government new clause and amendment, which I discussed with the shadow Minister outside the room, but I think it is particularly important that we debate them properly in Committee. The issue of suspected terrorists absconding from pre-charge bail was quite rightly raised on Second Reading. In January, the Prime Minister indicated to the Liaison Committee that the Government would look very carefully at the issue to avoid a repeat of instances in which somebody is not charged, released on police bail and then breaks the conditions of that police bail within the counter-terrorism context.
This new clause is about counter-terrorism suspects, a subject on which I know the Opposition would like to expand. Although I will keep under review any other offences that are alleged against somebody who has been released on pre-charge bail, the Counter-Terrorism Act 2008 already lists a range of offences, including membership of proscribed organisations, that would prevent bail from being granted. The new clause relates to people for whom bail has been granted because the police need to continue with their investigations and do not have evidence to give them concern about a more serious offence taking place. The breach of this bail would carry a maximum penalty of 12 months imprisonment. This very important Government new clause enacts the commitment that we made, and I look forward to the Opposition’s response.
Jack Dromey
All I would say is that this measure was not part of the original Bill. It is certainly true that the Home Affairs Committee has done valuable work on this matter, but ultimately it was our proposal on Second Reading that led to the Government’s welcome shift. The fact that there is cross-party support is also welcome.
If we believe that the Government have moved, we are not convinced that they have yet gone far enough. The issue of principle is simple: it should not be right that terror suspects on pre-charge police bail have previously been able to leave the country with ease to escape justice, and it is essential that the loophole is closed as a matter of urgency. The Government’s new clause would make it an offence for those suspected of terrorism to break bail conditions linked to travel.
On Second Reading, my right hon. Friend the Member for Leigh referred to the case of Siddhartha Dhar, who absconded while on police bail and went to Syria via Dover, as a prime example of the unacceptable loophole in the current system. In reference to what the hon. Member for Kingston and Surbiton said earlier, the Home Affairs Committee investigated forensically and collected evidence on this important issue. That was strongly buttressed by the compelling evidence given by the head of counter-terrorism, Mark Rowley, and Sara Thornton, the chair of the National Police Chiefs Council, when they came before this Committee. They both made it absolutely clear that they wanted to see the removal of the limitations currently obtaining, which are operational constraints.
Although we welcome the Government’s amendment and new clause, we want to ensure that in cases such as that of Siddhartha Dhar the police are able to insist on a suspect’s passports being handed over when they are in the custody suite. We should not wait to write to them after they have been released to say, “Please, would you hand over your passport?” because we risk that they may have already used the opportunity to leave the country, as Mr Dhar did. The Home Affairs Committee recommended that to the Government some considerable time ago, and we welcome the fact that Ministers are now acting, but their proposal does not set out how exactly the police can seize travel documentation, where necessary. For example, will the police be able to accompany the suspect to wherever his or her passport is being stored? Could they prevent a suspect from leaving until documentation is brought to the station? Will the police be able to request the surrender of passports and travel documents as a condition of release from custody? What exactly does the Policing Minister envisage happening next time the police arrest a terrorist suspect who inconveniently does not have his travel documentation on him at the time of arrest? I would be grateful if the Government would set out in some detail how they see this working.
Mike Penning
The new clause is about breach of a bail condition that carries a 12-month sentence. The police already have the power to set police bail conditions and, if they wish, they could say that a person cannot be released on bail until their travel documents have been surrendered. That could be part of the bail. It could be seven days. They already have the powers. It is not within the Bill because it does not need to be.
Jack Dromey
I have looked at what the Minister said in our earlier discussions, in particular in relation to the Terrorism Act 2000. There is no provision for bail, before or after charge, under the Terrorism Act. Under the Act it boils down to either charging or releasing a suspect; the initial detention limit is 48 hours, which is extendable, and there is no existing terrorist legislation, therefore, that provides for the police to seize a passport from a terrorist suspect or relates to the enforcement of pre-charge bail conditions.
Jack Dromey
The hon. Gentleman makes a very good point. That is precisely why I referred earlier to “passports”. There have been a number of cases of people having dual nationality in the way the hon. Gentleman has suggested. Fundamentally, this is about making sure that we do not have somebody like Dhar who walks out of the police station, says, “Yeah, okay, I will surrender my passports, I will be back tomorrow” and is then on the first plane to get out of the country. It is about certainty beyond any doubt that that simply cannot happen in future. Relatedly, have the Government looked at the issue of the ability of agencies to communicate immediately when passports are to be surrendered—for example, crucially, the Border Force? We look forward to clarification on these crucial points.
On another issue, the Government proposal applies only to terrorist suspects and not to those suspected of serious crimes. There is no question but that there is something uniquely awful about the terrorist threat to our country but, having said that, our new clause includes serious crime offences to be specified by the Secretary of State in regulation and so would address cases where, for example, suspects have fled the country before standing trial over rape allegations. The Minister has very helpfully said that he will keep this matter under review. We hope, however, that the Government will now give the Home Secretary that power; of course, it is for the Home Secretary to determine, in consultation, how that power is exercised thereafter.
The Minister was right when he said that the National Police Chiefs Council highlighted that it would like this power not to be confined to counter-terrorism. We urge the Government to include suspects of other offences in their proposals. As such, in circumstances where the Government are taking action, we will not press our new clause to a vote today. We seek assurances from the Government on the points I have raised as soon as possible, however, and we stand ready for further dialogue before Report. I very much hope that we can go to Report with a common position. In that dialogue, we will seek a strengthened clause and we will work with the Government to make sure that the pre-charge bail regime truly has teeth. We will return to this on Report; for now, on this crucial issue, we urge the Government to reflect and I stress, once again, that we very much hope that we are able to make common progress by the time of Report. The way we vote on Report will depend on whether we can put our hand on our hearts and say that never again will there be a case like that of Dhar.
Mike Penning
I am genuinely pleased that the shadow Minister is not going to push this to a vote. Perhaps it is right that a subject of this seriousness is debated on the Floor of the House on Report. Yet again, I offer the shadow Minister my help and that of my Bill team to see if we can come to a consensus.
The shadow Minister asked specifically whether the police can accompany the person who was still under arrest before they were given police bail, to ascertain their travel documents; under the Police and Criminal Evidence Act 1984, they can do that. Where police have already requested under the arrest warrant their immediate surrender, they can accompany the individual to their place of residence. If they breach that—in other words, they try to abscond and so on—that is where the sanctions in the new clause apply.
Of course, the shadow Minister is absolutely right that under the Terrorism Act 2000, there is no bail—a point that I made earlier on. This proposal relates to other alleged offences. Let us see what position we can come to. It is very important, because we are all as one in wanting to protect the public. We are as one in wanting people who are suspected of terrorism offences not to abscond. But the police have substantial powers at the moment. I have discussed that with them extensively to make sure that they use their existing powers, including making sure that they have the travel documents.
I do not want to go into individual cases. It is for officers in an operation to make operational decisions, not for politicians, but it is for us to give them the powers and to say to them, sometimes, “By the way, you already have the powers and you should use them.” I am pleased that new clause 43 will not be moved and we offer as much assistance as possible to reach consensus, as we have done throughout the progress of the Bill.
Question put and agreed to.
New clause 41 accordingly read a Second time, and added to the Bill.
New Clause 42
Offence of breach of pre-charge bail conditions relating to travel: interpretation
“(1) This section defines words used in section (Offence of breach of pre-charge bail conditions relating to travel)(2).
(2) “Travel document” means anything that is or appears to be—
(a) a passport, or
(b) a ticket or other document that permits a person to make a journey by any means from a place within the United Kingdom to a place outside the United Kingdom.
(3) “Passport” means—
(a) a United Kingdom passport (within the meaning of the Immigration Act 1971),
(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or
(c) a document that can be used (in some or all circumstances) instead of a passport.
(4) “Port” means—
(a) an airport,
(b) a sea port,
(c) a hoverport,
(d) a heliport,
(e) a railway station where passenger trains depart for places outside the United Kingdom, or
(f) any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with leaving the United Kingdom.”.—(Mike Penning.)
This new clause defines certain terms used in NC41.
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
National Assembly for Wales: devolution of responsibility for policing
“(1) In Schedule 7 to the Government of Wales Act 2006 after paragraph 20 insert—
Policing
21 Policing, police pay, probation, community safety, crime prevention.
Exceptions—
National Crime Agency
Police pensions
National security”.—(Liz Saville Roberts.)
Brought up, and read the First time.
Liz Saville Roberts (Dwyfor Meirionnydd)
: I beg to move, That the clause be read a Second time.
Diolch yn fawr, Mr Cadeirydd. It is a pleasure to serve under your chairmanship, Mr Howarth. This is a probing new clause, and I do not intend to press it to a Division. None the less, I draw the Committee’s attention to the fact that policing in Wales is an anomaly in the UK. Although policing is a devolved power in Northern Ireland and Scotland, Welsh policing remains reserved to Westminster. At the same time, the Welsh police forces are unique in the UK in that they are non-devolved bodies operating within a largely devolved public services landscape.
When we were discussing the police and fire authorities earlier in Committee, I was aware that there were perhaps cost implications for the police forces in Wales that are not necessarily appreciated. We are seeing changes happening even during the progress of the Bill. It is as important to draw attention to that as much as to the principle of devolving policing.
The Welsh police forces are unique in the sense that they are required to follow the agenda of two Governments; crucially, that means that Welsh police forces operate on the basis of English priorities, such as knife crime. Some of these issues are major problems in England but less so in Wales; correspondingly, issues that are significant in Wales have a lower priority here. Thus, while there are clear and numerous benefits to devolving policing, the arguments for keeping it reserved to Westminster appear to be comparably weak—and weakening, given that it is already devolved to Scotland and Northern Ireland.
That was, of course, reflected in the recommendations of the Silk commission, which was set up by the previous coalition Government and comprised a nominee from each of the four main parties, academics and industry experts. It received written evidence, heard oral evidence and visited every corner of Wales; it was a very broad consultation project. It heard evidence from the police themselves calling for the devolution of policing, and the report recommended as such. All four parties represented on the Silk commission recommended that policing be devolved, as has every Member of the National Assembly.
Mike Penning
I reiterate the comments made by the shadow Policing Minister about the tone of how the hon. Member for Dwyfor Meirionnydd introduced her amendments. It has been useful. The issue is enormously complicated for Wales as part of the United Kingdom. The obvious references to Scotland and Northern Ireland are difficult to add to a report, not least because they have completely independent and different criminal justice systems. There is only one police force in Scotland now, and there has been only one police force in Northern Ireland for many years.
This issue must be decided by the people of Wales. The Government have made it clear that if there is not consensus within the Silk commission’s proposals, we will not consider devolving full powers to the Government of Wales and the Welsh Assembly. I heard the hon. Lady say that there is consensus, and that is certainly true of the correspondence and conversations that I have been having. I reiterate what the shadow Police Minister said. I have visited Wales on many occasions. There are many Conservative MPs there, not least the Secretary of State for Work and Pensions. What I am trying to indicate politely is that it is not a one-party state.
PCC elections will be held in Wales imminently. They will give the people of Wales the best chance to decide what sort of policing they want in their part of the world. That is devolution, and that is democracy. Although I understand that this is a probing amendment, I am also pleased that new clause 7 will not be pressed to a vote.
Liz Saville Roberts
I welcome the change of standpoint by Labour MPs. Possibly it indicates a shift since the process undertaken through the St David’s day negotiation resulted in not all the recommendations of the Silk report being adopted, even though they were cross-party.
On devolution and the issues to be decided by the people of Wales, when I was discussing the draft Wales Bill, we were told that in the St David’s day discussions certain issues had been brought ahead or otherwise. I note that the people of Wales did not support the police commissioners in that state when that decision was made.
Finally, another issue that is developing as we speak, in the nature of devolution, is the development of a distinct legal jurisdiction, with a separate legislature in Wales able to produce its own legislation. Although we are talking about 10 years, I anticipate and very much hope that we will see policing devolved to Wales before then. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 10
Annual Report by Chief Inspector of Constabulary
“In Part 2 of the Police Act 1996, omit section (4A) and insert—
“(4A) A report under subsection (4) must include the chief inspector’s assessment of—
(a) The efficiency and effectiveness of policing, and
(b) The crime and non-crime demand on police in England and Wales for the year in respect of which the report is prepared.”.”—(Jack Dromey.)
This new clause would add a duty for HMIC to assess demand on police on a yearly basis in addition to the efficiency and effectiveness of policing.
Brought up, and read the First time.
Mike Penning
Let me say from the outset that I recognise the importance of understanding the demand on police forces, which is exactly where the shadow Policing Minister is coming from. However, I do not see the need for new clause 10, as we are actually doing many of the things that the shadow Minister has asked for.
It is for a chief constable to assess the demands that their forces face and ensure that resources are allocated accordingly. The purpose of inspectors of constabulary is clearly set out in section 54(2) of the Police Act 1996. Their role is to inspect the “efficiency and effectiveness” of every force. Section 54(4) and section 54(4)(a) of the 1996 Act require the chief inspector of constabulary to prepare an annual report, and for that report to include his assessment of the efficiency and effectiveness of policing in England and Wales.
Reliable, independent information is crucial in understanding the demands on the police force. It is for this reason that the Home Secretary asked the inspectorate to introduce annual, all-force inspections, which has led to the development of the Police Effectiveness, Efficiency and Legitimacy—commonly called PEEL—programme. As part of the efficiency assessment, the inspectorate assesses how effectively each force understands and is responding to the demand that it faces. The inspectorate also works with forces to support them to better understand the demand that they face. There is work going on as we speak, including from the College of Policing, which I think everybody accepts has been a great success.
That includes the development of force management statements, which will be prepared with chief constables, and are intended to ensure that information on a force’s available resources and the demand they face is produced annually to an agreed standard—ensuring the same across all forces—and is accessible to chief constables, PCCs and, most importantly, the public. I accept that this is a work in progress, but it is in progress, and the police are doing it themselves with the inspectorate and the College of Policing so, respectfully, I do not see the need for new clause 10. I hope that the shadow Minister understands that.
Lyn Brown
The Minister has obviously delighted me. I therefore beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Schedule 1
Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary
“1 The Ministry of Defence Police Act 1987 is amended as follows.
2 (1) Section 3A (regulations relating to disciplinary matters) is amended as follows.
(2) After subsection (1A) insert—
“(1B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (1A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—
(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of the chief constable of the Ministry of Defence Police, the Ministry of Defence Police Committee, the Independent Police Complaints Commission, the Police Investigations and Review Commissioner or the Police Ombudsman for Northern Ireland,
(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of the Ministry of Defence Police, and
(c) either—
(i) the person ceases to be a member of the Ministry of Defence Police after the allegation first comes to the attention of a person mentioned in paragraph (a), or
(ii) the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in paragraph (a) but the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in paragraph (a) does not exceed the period specified in the regulations.
(1C) Regulations made by virtue of subsection (1B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they are commenced within the period specified in the regulations, which must begin with the date when the person ceased to be a member of the Ministry of Defence Police.”
(3) In subsection (2), for “The regulations” substitute “Regulations under this section”.
3 In section 4 (representation etc at disciplinary proceedings), in subsection (4)—
(a) in the definition of “the officer concerned”, after “member” insert “or, as the case may be, the former member”;
(b) in the definition of “relevant authority”—
(i) after paragraph (a) insert—
(ii) after paragraph (b) insert—
4 In section 4A (appeals against dismissal etc), in subsection (1)(a), after “member” insert “, or former member,”.
5 Regulations made in pursuance of section 3A(1B) of the Ministry of Defence Police Act 1987 (as inserted by paragraph 2)—
(a) may not make provision in relation to a person who ceases to be a member of the Ministry of Defence Police before the coming into force of paragraph 2 of this Schedule;
(b) may make provision in relation to a person who ceases to be a member of the Ministry of Defence Police after the coming into force of paragraph 2 of this Schedule even though the alleged misconduct, inefficiency or ineffectiveness occurred at a time before the coming into force of that paragraph, but only if the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, there could be a finding in relation to the person in disciplinary proceedings that the person would have been dismissed if the person had still been a member of the Ministry of Defence Police.
Railways and Transport Safety Act 2003 (c. 20)
6 The Railways and Transport Safety Act 2003 is amended as follows.
7 In section 36 (police regulations: general), after subsection (1) insert—
“(1A) To the extent that subsection (1) concerns regulations made in pursuance of section 50(3A) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to constables or other persons employed in the service of the Police Force includes former constables and other persons formerly employed in the service of the Police Force.”
8 In section 37 (police regulations: special constables), after subsection (1) insert—
“(1ZA) To the extent that subsection (1) concerns regulations made in pursuance of section 51(2B) of the Police Act 1996, or matters that could be dealt with by such regulations, the reference in subsection (1) to special constables of the Police Force includes former special constables of the Police Force.”
9 In section 42 (police regulations by Secretary of State), in subsection (3)—
(a) after “50(3)” insert “or (3A)”;
(b) after “51(2A)” insert “or (2B)”.
10 Regulations made under section 36, 37 or 42 of the Railways and Transport Safety Act 2003 that make provision that applies regulations made in pursuance of section 50(3A) or 51(2B) of the Police Act 1996, or that deals with matters that could be dealt with by such regulations, in relation to former constables, and former special constables, of the British Transport Police Force and other persons formerly employed in the service of the British Transport Police Force—
(a) may not make provision that would not be permitted in relation to former members of a police force and former special constables by section 22(7)(a);
(b) may make provision that would be permitted in relation to former members of a police force and former special constables by section 22(7)(b).
Energy Act 2004 (c. 20)
11 The Energy Act 2004 is amended as follows.
12 In section 58 (government, administration and conditions of service of Civil Nuclear Constabulary), in subsection (1)(a), after “members” insert “or former members”.
13 (1) In Schedule 13 (directions by Secretary of State about Civil Nuclear Constabulary), paragraph 3 (government, administration and conditions of service) is amended as follows.
(2) After sub-paragraph (2) insert—
“(2A) To the extent that sub-paragraph (2) concerns provision that may be made in pursuance of section 50(3A) of the Police Act 1996, the reference in sub-paragraph (1) to members of the Constabulary includes former members.”
14 Provision made by the Civil Nuclear Police Authority that relates to former members of the Civil Nuclear Constabulary and matters which are the subject of regulations made in pursuance of section 50(3A) of the Police Act 1996—
(a) may not be provision that would not be permitted in relation to former members of a police force and former special constables by section 22(7)(a);
(b) may be provision that would be permitted in relation to former members of a police force and former special constables by 22(7)(b).”—(Mike Penning.)
This new Schedule includes amendments relating to the Ministry of Defence Police, the British Transport Police Force and the Civil Nuclear Constabulary which produce an equivalent effect to the amendments at clause 22 of the Bill.
Brought up, read the First and Second time, and added to the Bill.
New Schedule 2
Office for Police Conduct
Part 1
Amendments to Schedule 2 to the Police Reform Act 2002
Introductory
1 Schedule 2 to the Police Reform Act 2002 is amended in accordance with this Part of this Schedule (see also paragraph 54 below for further minor and consequential amendments).
Director General
2 (1) Paragraph 1 (chairman) is amended as follows.
(2) For sub-paragraph (1) substitute—
(1) The Director General holds office in accordance with the terms of his or her appointment.
(1A) A person who holds office as Director General must not be an employee of the Office (but may have been such an employee before appointment as the Director General).”
(3) In sub-paragraph (2) for “chairman of the Commission” substitute “Director General”.
(4) In sub-paragraph (3)—
(a) for “chairman of the Commission” substitute “Director General”;
(b) for “chairman” substitute “Director General”.
(5) In sub-paragraph (4)—
(a) for “chairman of the Commission” substitute “Director General”;
(b) for “chairman” substitute “Director General”.
(6) In sub-paragraph (5) for “chairman” substitute “Director General”.
Appointment etc of members
3 After paragraph 1 insert—
“Appointment of members
1A (1) The non-executive members of the Office are to be appointed by the Secretary of State.
(2) A person who is a non-executive member must not be an employee of the Office (but may have been such an employee before appointment as a non-executive member).
1B (1) The employee members of the Office are to be appointed from the staff of the Office by the non-executive members.
(2) If the non-executive members propose to appoint an employee member, the Director General must recommend a person to the non-executive members for appointment.
(3) The Director General may also recommend a person to the non-executive members for appointment as an employee member without any proposal having been made under sub-paragraph (2).
(4) On a recommendation of a person for appointment under sub-paragraph (2) or (3), the non-executive members may—
(a) appoint the person, or
(b) reject the recommendation.
(5) If the non-executive members reject a recommendation they may require the Director General to recommend another person for appointment (in which case this sub-paragraph applies again and so on until somebody is appointed).”
4 (1) Paragraph 2 (ordinary members of the Commission) is amended as follows.
(2) In sub-paragraph (1) for “an ordinary” substitute “a non-executive”.
(3) Omit sub-paragraph (2).
(4) In sub-paragraph (3) for “an ordinary” substitute “a non-executive”.
(5) In sub-paragraph (4)—
(a) for “an ordinary”, in both places, substitute “a non-executive”;
(b) for “five” substitute “three”.
(6) In sub-paragraph (5) for—
(a) for “An ordinary” substitute “A non-executive”;
(b) for “his office as a member of the Commission” substitute “from being a non-executive member of the Office”.
(7) In sub-paragraph (6)—
(a) for “an ordinary” substitute “a non-executive”;
(b) omit paragraph (b).
(8) Omit sub-paragraph (8).
5 After paragraph 2 insert—
“Terms of appointment etc: employee members
2A (1) A person holds office as an employee member in accordance with the terms of his or her appointment (subject to the provisions of this Schedule).
(2) Those terms may not include arrangements in relation to remuneration.
(3) An appointment as an employee member may be full-time or part-time.
(4) The appointment of an employee member terminates—
(a) if the terms of the member’s appointment provides for it to expire at the end of a period, at the end of that period, and
(b) in any event, when the member ceases to be an employee of the Office.
(5) An employee member may resign by giving written notice to the non-executive members.
(6) The non-executive members may terminate the appointment of an employee member by giving the member written notice if they are satisfied that any of the grounds mentioned in paragraph 2(6)(a) to (g) apply in relation to the employee member.”
6 Omit paragraph 3 (deputy chairmen) (including the italic heading before that paragraph).
7 Omit paragraph 5 (chief executive) (including the italic heading before that paragraph).
Vacancy or incapacity in office of Director General
8 After paragraph 3 insert—
“Director General: vacancy or incapacity
3A (1) This paragraph applies if—
(a) the office of Director General is vacant, or
(b) it appears to the Office that the ability of the Director General to carry out the Director General’s functions is seriously impaired because of ill health (whether mental or physical).
(2) The Office may, with the agreement of the Secretary of State, authorise an employee of the Office to carry out the functions of the Director General during the vacancy or period of ill health.
(3) A person who falls within section 9(3) may not be authorised under this paragraph to carry out the functions of the Director General.
(4) A person who has been sentenced to a term of imprisonment of three months or more may not, at any time in the five years following the day of sentence, be authorised under this paragraph to carry out the functions of the Director General.
(5) Paragraph 1(6) applies for the purposes of sub-paragraph (4).
(6) Authorisation of a person under this paragraph ceases to have effect—
(a) at the end of the vacancy or period of ill health,
(b) on the Office revoking the authorisation for any reason, or
(c) on the Secretary of State withdrawing agreement to the authorisation for any reason.”
Remuneration arrangements
9 (1) Paragraph 4 (remuneration, pensions etc of members) is amended as follows.
(2) In sub-paragraph (1), for the words from “the chairman” to the end substitute “the Director General as the Secretary of State may determine”.
(3) In sub-paragraph (2)—
(a) in paragraph (a), for “chairman, deputy chairman or member of the Commission” substitute “Director General”;
(b) in the words after paragraph (b) for “Commission” substitute “Office”.
(4) After sub-paragraph (2) insert—
(3) The Secretary of State may make remuneration arrangements in relation to non-executive members of the Office.
(4) Remuneration arrangements under sub-paragraph (3)—
(a) may make provision for a salary, allowances and other benefits but not for a pension, and
(b) may include a formula or other mechanism for adjusting one or more of those elements from time to time.
(5) Amounts payable by virtue of sub-paragraph (4) are to be paid by the Office.”
Staff
10 (1) Paragraph 6 (staff) is amended as follows.
(2) For sub-paragraph (1) substitute—
(1) The Office may appoint staff.”
(3) In sub-paragraph (2) for “Commission”, in both places, substitute “Office”.
(4) In sub-paragraph (3)—
(a) for “Commission” substitute “Office”;
(b) after “staffing” insert “(including arrangements in relation to terms and conditions and management of staff)”;
(c) for “it” substitute “the Director General”.
(5) In sub-paragraph (4)—
(a) for “Commission”, in the first place, substitute “Office”;
(b) for “Commission”, in the second place, substitute “Director General”.
(6) After sub-paragraph (4) insert—
(4A) The powers under this paragraph are exercisable only by the Director General acting on behalf of the Office (subject to the power under paragraph 6A(1)).”
(7) In sub-paragraph (5) for “by the Commission of its” substitute “of the”.
Delegation of functions
11 After paragraph 6 of Schedule 2 insert—
“Delegation of functions
6A (1) The Director General may authorise a person within sub-paragraph (2) to exercise on the Director General’s behalf a function of the Director General.
(2) The persons within this sub-paragraph are—
(a) employee members of the Office;
(b) employees of the Office appointed under paragraph 6;
(c) seconded constables within the meaning of paragraph 8.
(3) The reference in sub-paragraph (1) to a function of the Director General is to any function that the Director General has under this Act or any other enactment.
(4) A person (“A”) who is authorised under sub-paragraph (1) to exercise a function may authorise another person within sub-paragraph (2) to exercise that function (but only so far as permitted to do so by the authorisation given to A).
(5) An authorisation under this paragraph may provide for a function to which it relates to be exercisable—
(a) either to its full extent or to the extent specified in the authorisation;
(b) either generally or in cases, circumstances or areas so specified;
(c) either unconditionally or subject to conditions so specified.
(6) Provision under sub-paragraph (5) may (in particular) include provision for restricted persons not to exercise designated functions.
(7) For the purposes of sub-paragraph (6)—
(a) “designated functions” are any functions of the Director General that are designated by the Director General for the purposes of this paragraph (and such functions may in particular be designated by reference to the position or seniority of members of staff);
(b) “restricted persons” are, subject to any determination made under sub-paragraph (8), persons who fall within section 9(3).
(8) The Director General may, in such circumstances as the Director General considers appropriate, determine that persons are not to be treated as restricted persons so far as relating to the exercise of designated functions (whether generally or in respect of particular functions specified in the determination).
(9) The Director General must publish a statement of policy about how the Director General proposes to exercise the powers conferred by sub-paragraphs (7)(a) and (8).
(10) The statement must in particular draw attention to any restrictions on the carrying out of functions imposed by virtue of their designation under sub-paragraph (7)(a) and explain the reasons for imposing them.
(11) The exercise of the powers conferred by sub-paragraphs (7)(a) and (8) is subject to any regulations under section 23(1) of the kind mentioned in section 23(2)(g) (regulations limiting persons who may be appointed to carry out investigations etc).
(12) An authorisation under this paragraph does not prevent the Director General from exercising the function to which the authorisation relates.
(13) Anything done or omitted to be done by or in relation to a person authorised under this paragraph in, or in connection with, the exercise or purported exercise of the function to which the authorisation relates is to be treated for all purposes as done or omitted to be done by or in relation to the Director General.
(14) Sub-paragraph (13) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person.”
Protection from personal liability
12 After paragraph 7 insert—
“Liability for acts of the Director General
7A (1) A person holding office as the Director General has no personal liability for an act or omission done by the person in the exercise of the Director General’s functions unless it is shown to have been done otherwise than in good faith.
(2) The Office is liable in respect of unlawful conduct of the Director General in the carrying out, or purported carrying out, of the Director General’s functions in the same way as an employer is liable in respect of any unlawful conduct of employees in the course of their employment.
(3) Accordingly, the Office is to be treated, in the case of any such unlawful conduct which is a tort, as a joint tortfeasor.”
Regional offices
13 For paragraph 9 (power of Commission to set up regional offices) substitute—
9 (1) The Office may set up regional offices in places in England and Wales.
(2) But the power under sub-paragraph (1) is exercisable only by the Director General acting on behalf of the Office (subject to the power in paragraph 6A(1)).
(3) The power under sub-paragraph (1) may be exercised—
(a) only with the consent of the Secretary of State, and
(b) only if it appears to the Director General necessary to do so for the purpose of ensuring that the functions of the Director General, or those of the Office, are carried out efficiently and effectively.”
Proceedings
14 In paragraph 10 (proceedings), after sub-paragraph (1) insert—
(1A) But the arrangements must include provision for—
(a) the quorum for meetings to be met only if a majority of members present are non-executive members of the Office, and
(b) an audit committee of the Office to be established to perform such monitoring, reviewing and other functions as are appropriate.
(1B) The arrangements must secure that the audit committee consists only of non-executive members of the Office.”
Part 2
Minor and Consequential Amendments to the Police Reform Act 2002
15 The Police Reform Act 2002 is amended in accordance with this Part of this Schedule.
16 For the italic heading before section 9, substitute “The Office for Police Conduct”.
17 (1) Section 10 (general functions of the Commission) is amended as follows.
(2) In subsection (1)(a) omit “itself”.
(3) In subsection (1)(e) for “its” substitute “the Director General’s”.
(4) In subsection (1)(f) for “it” substitute “the Director General”.
(5) In subsection (3) for “it” substitute “the Director General”.
(6) In subsection (3A) (as inserted by this Act), for “it” substitute “the Director General”.
(7) In subsection (3B) (as inserted by this Act), for “it” substitute “the Director General”.
(8) In subsection (4), in paragraph (a)—
(a) for “it”, in both places, substitute “the Director General”;
(b) for “its” substitute “the Director General’s”.
(9) In subsection (6)—
(a) for “it” substitute “the Director General”;
(b) for “its” substitute “the Director General’s”.
(10) In subsection (7)—
(a) for “it”, in both places, substitute “the Director General”;
(b) for “its”, in both places, substitute “the Director General’s”.
18 (1) Section 11 (reports to the Secretary of State) is amended as follows.
(2) In subsection (1)—
(a) for “its”, in the first place it occurs, substitute “the Office’s”;
(b) for “Commission shall” substitute “Director General and the Office must jointly”;
(c) for “its”, in the second place it occurs, substitute “their”.
(3) For subsection (2) substitute—
(2) The Secretary of State may also require reports to be made (at any time)—
(a) by the Director General about the carrying out of the Director General’s functions,
(b) by the Office about the carrying out of the Office’s functions, or
(c) jointly by the Director General and the Office about the carrying out of their functions.”
(4) After subsection (2) insert—
(2A) The Director General may, from time to time, make such other reports to the Secretary of State as the Director General considers appropriate for drawing the Secretary of State’s attention to matters which—
(a) have come to the Director General’s notice, and
(b) are matters which the Director General considers should be drawn to the attention of the Secretary of State by reason of their gravity or of other exceptional circumstances.”
(5) In subsection (3)—
(a) for “Commission” substitute “Office”;
(b) for “Commission’s” substitute “Office’s”.
(6) After subsection (3) insert—
(3A) The Director General and the Office may jointly make reports under subsections (2A) and (3).”
(7) In subsection (4)—
(a) for “Commission” substitute “Director General”;
(b) for “it”, in both places, substitute “the Director General”;
(c) for “its” substitute “the Director General’s”.
(8) In subsection (6) for “Commission” substitute “Office”.
(9) After subsection (6) insert—
(6A) The Director General must send a copy of every report under subsection (2A) —
(a) to any local policing body that appears to the Director General to be concerned, and
(b) to the chief officer of police of any police force that appears to the Director General to be concerned.”
(10) In subsection (7) for “Commission”, in both places, substitute “Office”.
(11) In subsection (8)—
(a) after “subsection” insert “(2A) or”;
(b) for “Commission” substitute “Director General or the Office (as the case may be)”.
(12) In subsection (9)—
(a) after “subsection” insert “(2A) or”;
(b) for “Commission” substitute “Director General or the Office (as the case may be)”.
(13) In subsection (10) for “Commission” substitute “Director General”.
(14) In subsection (11)—
(a) for “Commission”, in each place, substitute “Director General”;
(b) for “it” substitute “the Director General”;
(c) for “(3)” substitute “(2A)”.
(15) After subsection (11) insert—
(12) The Office must send a copy of every report made or prepared by it under subsection (3) to such of the persons (in addition to those specified in the preceding subsections) who—
(a) are referred to in the report, or
(b) appear to the Office otherwise to have a particular interest in its contents, as the Office thinks fit.
(13) Where a report under subsection (2A) or (3) is prepared jointly by virtue of subsection (3A), a duty under this section to send a copy of the report to any person is met if either the Director General or the Office sends a copy to that person.”
19 In section 12 (complaints, matters and persons to which Part 2 applies), in subsection (6)(a) for “Commission” substitute “Director General”.
20 (1) Section 13B (power of the Commission to require re-investigation) (as inserted by this Act) is amended as follows.
(2) For “Commission”, in each place (including the heading), substitute “Director General”.
(3) In subsection (1)—
(a) for “it”, in both places, substitute “the Director General”;
(b) in paragraph (b), before “under” insert “(or, in the case of an investigation carried out under paragraph 19 of Schedule 3 by the Director General personally, is otherwise completed by the Director General)”.
(4) In subsection (2) for “it” substitute “the Director General”.
(5) In subsection (3) for “it” substitute “the Director General”.
(6) In subsection (9)—
(a) for “it” substitute “the Director General”;
(b) for “its” substitute “the Director General’s”.
(7) In subsection (10)—
(a) for “it” substitute “the Director General”;
(b) for “its” substitute “the Director General’s”.
21 (1) Section 15 (general duties of local policing bodies, chief officers and inspectors) is amended as follows.
(2) In subsection (3), in the words after paragraph (c) after “Director General” insert “of the Agency”.
(3) In subsection (4)—
(a) for “Commission”, in each place, substitute “Director General”;
(b) for “Commission’s” substitute “Office’s”.
22 (1) Section 16 (payment for assistance with investigations) is amended as follows.
(2) For “Commission”, in each place except as mentioned in sub-paragraph (3), substitute “Director General”.
(3) In subsection (4), for “the Commission”, in the second place where it occurs, substitute “Office”.
(4) In subsection (5)(b), after “Director General” insert “of that Agency”.
23 (1) Section 17 (provision of information to the Commission) is amended as follows.
(2) For “Commission”, in each place (including the heading), substitute “Director General”.
(3) In subsection (2)—
(a) for “it” substitute “the Director General”;
(b) for “its” substitute “the Director General’s”.
24 (1) Section 18 (inspections of police premises on behalf of the Commission) is amended as follows.
(2) For “Commission”, in each place (including the heading and provisions inserted by amendments made by this Act), substitute “Director General”.
(3) In subsection (2)(b), for “its” substitute “the Director General’s”.
25 (1) Section 19 (use of investigatory powers by or on behalf of the Commission) is amended as follows.
(2) In the heading, for “Commission” substitute “Director General”.
(3) In subsection (1), for “Commission’s” substitute “Director General’s”.
26 (1) Section 20 (duty to keep complainant informed) is amended as follows.
(2) For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “Director General”.
(3) In subsection (1)(b) for “its” substitute “the Director General’s”.
(4) In subsection (3) for “it”, where it occurs after “as”, substitute “the Director General”.
(5) In subsection (8A) (as inserted by this Act)—
(a) for “its” substitute “their”;
(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;
(c) after “submitted”, in the second place it occurs, insert “(or completed)”.
(6) In subsection (9) for “its” substitute “their”.
27 (1) Section 21 (duty to provide information for other persons) is amended as follows.
(2) For “Commission”, in each place (including provisions inserted by amendments made by this Act), substitute “Director General”.
(3) In subsection (6)(b) for “its” substitute “the Director General’s”.
(4) In subsection (8) for “it”, where it occurs after “as”, substitute “the Director General”.
(5) In subsection (11A) (as inserted by this Act)—
(a) for “its” substitute “their”;
(b) after “submitted”, in the first place it occurs, insert “(or finalised)”;
(c) after “submitted”, in the second place it occurs, insert “(or completed)”.
28 In section 21A (restriction on disclosure of sensitive information) (as inserted by this Act), for “Commission”, in each place, substitute “Director General”.
29 In section 21B (provision of sensitive information to the Commission and certain investigators) (as inserted by this Act), for “Commission”, in each place (including the heading), substitute “Director General”.
30 (1) Section 22 (power of the Commission to issue guidance) is amended as follows.
(2) For “Commission”, in each place (including the heading), substitute “Director General”.
(3) In subsection (3)(c) for “it” substitute “the Director General”.
31 (1) Section 23 (regulations) is amended as follows.
(2) For “Commission”, in each place, substitute “Director General”.
(3) In subsection (2)(o) for “it” substitute “the Director General or the Office”.
32 In section 24 (consultation on regulations) for paragraph (a) substitute—
“(a) the Office;
(aa) the Director General;”.
33 In section 26 (forces maintained otherwise than by local policing bodies), for “Commission”, in each place, substitute “Director General”.
34 In section 26BA (College of Policing), for “Commission”, in both places, substitute “Director General”.
35 (1) Section 26C (the National Crime Agency) is amended as follows.
(2) In subsection (1)—
(a) for “Independent Police Complaints Commission” substitute “Director General”;
(b) before “and other” insert “of the National Crime Agency”.
(3) In subsection (2) for “Independent Police Complaints Commission” substitute “the Office or its Director General”.
(4) In subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.
(5) In subsection (5)—
(a) for “Independent Police Complaints Commission” substitute “Director General”;
(b) for “Commission’s”, in both places, substitute “Director General’s”;
(c) for “Commission” substitute “Director General”.
36 (1) Section 26D (labour abuse prevention officers) is amended as follows.
(2) For “Commission”, in each place, substitute “Director General”.
(3) In subsection (4), for “Commission’s”, in both places, substitute “Director General’s”.
37 (1) Section 27 (conduct of the Commission’s staff) is amended as follows.
(2) For “Commission’s”, in each place (including the heading), substitute “Office’s”.
(3) In subsection (4) for “Commission” substitute “Office and the Director General”.
38 Omit section 28 (transitional arrangements in connection with establishing Commission etc).
39 (1) Section 28A (application of Part 2 to old cases) is amended as follows.
(2) For “Commission”, in each place other than in subsection (3) of that section, substitute “Director General”.
(3) In subsection (1), for “it” substitute “the Director General”.
(4) In subsection (4), for “it” substitute “the Director General”.
40 (1) Section 29 (interpretation of Part 2) is amended as follows.
(2) In subsection (1)—
(a) omit the definition of “the Commission”;
(b) after the definition of “death or serious injury matter” insert—
““the Director General” means (unless otherwise specified) the Director General of the Office;”;
(c) after the definition of “local resolution” insert—
““the Office” means the Office for Police Conduct;”.
(3) In subsection (6)—
(a) for “Commission” in each place substitute “Director General”;
(b) omit “itself”.
41 In section 29C (regulations about super-complaints) (as inserted by this Act), in subsection (3) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.
42 (1) Section 29E (power to investigate concerns raised by whistle-blowers) (as inserted by this Act) is amended as follows
(2) For “Commission”, in each place, substitute “Director General”.
(3) In subsection (2) for “it” substitute “the Director General”.
43 (1) Section 29F (Commission’s powers and duties where it decides not to investigate) (as inserted by this Act) is amended as follows.
(2) For “Commission”, in each place, substitute “Director General”.
(3) In the heading—
(a) for “Commission’s” substitute “Director General’s”;
(b) for “where it decides” substitute “on decision”.
44 (1) Section 29G (special provision for “conduct matters”) (as inserted by this Act) is amended as follows.
(2) For “Commission”, in each place, substitute “Director General”.
(3) In subsection (2)—
(a) or “it”, in both places, substitute “the Director General”;
(b) for “its” substitute “the”.
45 (1) Section 29H (Commission’s powers and duties where whistle-blower is deceased) (as inserted by this Act) is amended as follows.
(2) For “Commission”, in each place, substitute “Director General”.
(3) In the heading for “Commission’s” substitute “Director General’s”.
(4) In subsection (1) for “it” substitute “the Director General”.
46 In section 29HA (duty to keep whistle-blowers informed) (as inserted by this Act), in subsection (1)—
(a) for “Commission” substitute “Director General”;
(b) for “it” substitute “the Director General”.
47 In section 29I (protection of anonymity of whistle-blowers) (as inserted by this Act) for “Commission”, in both places, substitute “Director General”.
48 In section 29J (other restrictions on disclosure of information) (as inserted by this Act), for “Commission”, in both places, substitute “Director General”.
49 In section 29K (application of provisions of Part 2) (as inserted by this Act), for “Commission”, in each place, substitute “Director General”.
50 In section 29L (regulation-making powers: consultation) (as inserted by this Act), for “Commission” substitute “Director General”.
51 In section 29M (interpretation) (as inserted by this Act), in subsection (1)—
(a) omit the definition of “the Commission”;
(b) after the definition of “conduct” insert—
““the Director General” means the Director General of the Office for Police Conduct;”.
52 In section 36 (conduct of disciplinary proceedings), in subsection (1)(a) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.
53 In section 105 (powers of Secretary of State to make orders and regulations), in subsection (5) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.
54 (1) Schedule 2 (the Independent Police Complaints Commission) is amended as follows.
(2) For the italic heading before paragraph 1 substitute “Director General”.
(3) For the italic heading before paragraph 2 substitute “Terms of appointment etc: non-executive members”.
(4) In paragraph 7—
(a) for “Commission”, in each place, substitute “Office”;
(b) for “chairman or as a deputy chairman of the Commission” substitute “Director General”;
(c) omit “or as a member of it”.
(5) In paragraph 8—
(a) for “Commission”, in both places, substitute “Office”;
(b) for “Commission’s”, in both places, substitute “Office’s”.
(6) In the heading before paragraph 9 omit “of Commission”.
(7) In paragraph 10—
(a) for “Commission”, in each place, substitute “Office”;
(b) for “Commission’s”, in each place, substitute “Office’s”;
(c) in sub-paragraph (5)(c) omit “by the chief executive or”.
(8) In paragraph 11—
(a) for “Commission”, in each place, substitute “Office”;
(b) in paragraph (a) for “chairman, a deputy chairman” substitute “Director General”;
(c) in paragraph (b) for “chairman” substitute “Director General”.
(9) In the italic heading before paragraph 12, for “Commission’s” substitute “Office’s”.
(10) In paragraph 12—
(a) in the words before paragraph (a), for “Commission” substitute “Office”;
(b) in paragraph (a) for “Commission” substitute “Office”;
(c) in paragraph (b) for “Commission” substitute “Director General”.
(11) In paragraph 13 for “Commission” substitute “Office”.
(12) In paragraph 14—
(a) for “Commission” substitute “Office”;
(b) in paragraph (a), after “it” insert “or the Director General”;
(c) in paragraph (b)—
(i) after “it”, in both places, insert “or the Director General”;
(ii) for “its” substitute “their”.
(13) In the italic heading before paragraph 15, for “Commission” substitute “Office”.
(14) In paragraph 15 for “Commission” substitute “Office”.
(15) In paragraph 16 for “Commission” substitute “Office”.
(16) In paragraph 17 for “Commission”, in each place, substitute “Office”.
(17) In the italic heading before paragraph 18, for “Commission” substitute “Office”.
(18) In paragraph 18 for “Commission”, in both places, substitute “Office”.
55 (1) Schedule 3 is amended as follows.
(2) For “Commission”, in each place where it occurs, substitute “Director General”.
(3) For “Commission’s”, in each place where it occurs, substitute “Director General’s”.
(4) For “it”, in each place where it occurs and is used as a pronoun in place of “the Commission”, substitute “the Director General”.
(5) For “its”, in each place where it occurs and is used to mean “the Commission’s”, substitute “the Director General’s”.
(6) The amendments made by virtue of sub-paragraphs (2) to (5)—
(a) include amendments of provisions of Schedule 3 that are inserted, or otherwise amended, by other provisions of this Act (whether or not those other provisions come into force before or after the coming into force of this paragraph);
(b) do not apply if otherwise provided by another provision of this paragraph.
(7) In paragraph 19 (investigations by the Commission itself)—
(a) in the heading omit “itself”;
(b) in sub-paragraph (1) omit “itself”;
(c) for sub-paragraph (2) substitute—
(2) The Director General must designate both—
(a) a person to take charge of the investigation, and
(b) such members of the Office’s staff as are required by the Director General to assist the person designated to take charge of the investigation.
(2A) The person designated under sub-paragraph (2) to take charge of an investigation must be—
(a) the Director General acting personally, or
(b) another member of the Office’s staff who is authorised to exercise the function of taking charge of the investigation on behalf of the Director General by virtue of paragraph 6A of Schedule 2 (delegation of Director General’s functions).”;
(d) in sub-paragraph (4) for “member of the Commission’s staff” substitute “person”;
(e) in sub-paragraph (5) for “member of the Commission’s staff” substitute “person designated under sub-paragraph (2)”;
(f) in sub-paragraph (6) for “members of the Commission’s staff” substitute “persons”;
(g) in sub-paragraph (6A) for “member of the Commission’s staff” substitute “person designated under sub-paragraph (2) who is”.
(8) In paragraph 19ZH (further provision about things retained under paragraph 19ZG) (as inserted by this Act)—
(a) in sub-paragraph (2) for “Commission’s” substitute “Office’s”;
(b) in sub-paragraph (4)(a) for “Commission’s” substitute “Office’s”.
(9) In paragraph 19A (as substituted by this Act), in sub-paragraph (2)(b) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”.
(10) In paragraph 19F (interview of persons serving with police etc during certain investigations), in sub-paragraph (1)(b) for “the Commission itself” substitute “a person designated under paragraph 19 (investigations by Director General)”.
(11) In paragraph 20 (restrictions on proceedings pending conclusion of investigation), in sub-paragraph (1)(b) at the end insert “or, where under paragraph 19 the Director General has personally carried out the investigation, a report has been completed by the Director General”.
(12) In paragraph 20A (as substituted by this Act)—
(a) in sub-paragraph (1)(a) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”;
(b) in sub-paragraph (3) after “and” insert “(where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally)”;
(c) in sub-paragraph (4)(b) after “investigation” insert “or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one,”.
(13) In paragraph 21A (procedure where conduct matter is revealed during investigation of DSI matter)—
(a) in sub-paragraph (1), omit “or designated under paragraph 19”;
(b) after sub-paragraph (2A) (as inserted by this Act), insert—
(2B) If during the course of an investigation of a DSI matter being carried out by a person designated under paragraph 19 the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—
(a) committed a criminal offence, or
(b) behaved in a manner which would justify the bringing of disciplinary proceedings,
the Director General must proceed under sub-paragraph (2C).
(2C) The Director General must—
(a) prepare a record of the determination,
(b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and
(c) send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).”;
(c) in sub-paragraph (5), after paragraph (a) insert—
(aa) is notified of a determination by the Director General under sub-paragraph (2C),”.
(14) In paragraph 22 (final reports on investigations: complaints, conduct matters and certain DSI matters)—
(a) for sub-paragraph (5) substitute—
(5) A person designated under paragraph 19 as the person in charge of an investigation must—
(a) submit a report on the investigation to the Director General, or
(b) where the person in charge of the investigation is the Director General acting personally, complete a report on the investigation.”;
(b) in sub-paragraph (6) after “submitting” insert “or, in the case of an investigation under paragraph 19 by the Director General personally, completing”;
(c) in sub-paragraph (8) after “submitted” insert “or, in the case of an investigation under paragraph 19 by the Director General personally, completed”.
(15) In the italic heading before paragraph 23 (action by the Commission in response to investigation reports), for “response” substitute “relation”.
(16) In paragraph 23—
(a) in sub-paragraph (1)(b) before “under” insert “, or is otherwise completed,”;
(b) in sub-paragraph (1A) (as inserted by this Act), after “submission” insert “or completion”;
(c) in each of the following places, after “receipt of the report” insert “(or on its completion by the Director General)”—
(i) sub-paragraph (2);
(ii) sub-paragraph (5A) (as inserted by this Act);
(iii) sub-paragraph (5F) (as inserted by this Act).
(17) In paragraph 24A (final reports on investigations: other DSI matters)—
(a) after sub-paragraph (2) insert—
(2A) Sub-paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under paragraph 19, but the Director General must complete a report on the investigation.”;
(b) in sub-paragraph (3) for “this paragraph” substitute “sub-paragraph (2) or completing one under sub-paragraph (2A)”;
(c) in sub-paragraph (4) after “receipt of the report” insert “(or on its completion by the Director General)”;
(d) in sub-paragraph (5) (as inserted by this Act) after “receipt of the report” insert “(or on its completion by the Director General)”.
(18) In the italic heading before paragraph 24B (action by the Commission in response to an investigation report under paragraph 24A), for “response” substitute “relation”.
(19) In paragraph 28A (recommendations by the Commission)—
(a) in sub-paragraph (1)—
(i) after “received a report” insert “(or otherwise completed one in relation to an investigation carried out under paragraph 19 by the Director General personally)”;
(ii) in paragraph (b) for “Commission itself” substitute “or on behalf of the Director General”;
(iii) in paragraph (c) after “24A(2)” insert “or (2A)”;
(b) in sub-paragraph (4)(a) after “receipt” insert “or completion”.
(20) In paragraph 28B (response to recommendation), in sub-paragraph (12) (as inserted by this Act) after “received a report on” insert “(or otherwise completed one on in relation to an investigation carried out under paragraph 19 by the Director General personally)”.
56 (1) Schedule 3 is further amended as follows (but these amendments apply only if this Schedule comes into force before the coming into force of Schedule 4 to this Act).
(2) In paragraph 19B (assessment of seriousness of conduct under investigation), in sub-paragraph (1) after “investigating” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”.
(3) In paragraph 20A (accelerated procedure in special cases)—
(a) in sub-paragraph (1)—
(i) for “his” substitute “an”;
(ii) after “conduct matter” insert “or, in the case of an investigation by a designated person under paragraph 19, the Director General,”;
(iii) for “he” substitute “the person investigating”.
(b) in sub-paragraph (3) for “his belief” substitute “the belief referred to in sub-paragraph (1)”.
(4) In paragraph 23 (action by the Commission in response to an investigation report), in sub-paragraph (6) after “receipt of the report” insert “(or on its completion by the Director General)”.
57 (1) Schedule 3A (whistle-blowing investigations: procedure) (as inserted by this Act) is amended as follows.
(2) For “Commission”, in each place, substitute “Director General”.
(3) In paragraph 1(1) omit “itself”.
(4) In paragraph 4(2)—
(a) for “it”, where it occurs in the first place, substitute “the Director General”;
(b) for “its” substitute “the”.
Part 3
Other Minor and consequential amendments
Superannuation Act 1972 (c. 11)
58 In Schedule 1 to the Superannuation Act 1972—
(a) in the list of entries under the heading “Royal Commissions and other Commissions”, omit the entry relating to the Independent Police Complaints Commission;
(b) in the list of entries under the heading “Other Bodies”, insert at the appropriate place—
“The Office for Police Conduct.”;
(c) in the list of entries under the heading “Offices”, omit the entries relating to—
(i) the Chairman of the Independent Police Complaints Commission;
(ii) the Commissioners of the Independent Police Complaints Commission;
(iii) the Deputy Chairman of the Independent Police Complaints Commission.
House of Commons Disqualification Act 1975 (c. 24)
59 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—
“The Office for Police Conduct.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
60 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—
“The Office for Police Conduct.”.
Police Pensions Act 1976 (c. 35)
61 In section 11 of the Police Pensions Act 1976 (interpretation), in subsection (2A)(ba) for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.
Ministry of Defence Police Act 1987 (c. 4)
62 In section 4 of the Ministry of Defence Police Act 1987 (representation etc at disciplinary proceedings), in subsection (5)(a) for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.
Aviation, Maritime and Security Act 1990 (c. 31)
63 In section 22 of the Aviation, Maritime and Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (4)(b)(i) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.
Police Act 1996 (c. 16)
64 (1) The Police Act 1996 is amended as follows.
(2) In the following provisions, for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”—
(a) section 50(3A)(a) (regulation of police forces) (as inserted by this Act);
(b) section 51(2B)(a) (regulations for special constables) (as inserted by this Act);
(c) section 87(1) (guidance concerning disciplinary proceedings etc) (as amended by this Act).
(3) In the following provisions, for “Independent Police Complaints Commission” substitute “Office for Police Conduct”—
(a) section 84(5) (representation etc at disciplinary and other proceedings);
(b) section 88C(5)(d) (effect of inclusion in police barred list) (as inserted by this Act);
(c) section 88K(3)(d) (effect of inclusion in police advisory list) (as inserted by this Act).
(4) In section 54(2D) (appointment and functions of inspectors of constabulary)—
(a) in paragraph (a)—
(i) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;
(ii) for “that Commission” substitute “the Director General”;
(b) in paragraph (b)—
(i) for “that Commission”, in both places, substitute “the Director General”;
(ii) for “its” substitute “his or her”.
Freedom of Information Act 2000 (c. 36)
65 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—
“The Office for Police Conduct”.
Fire and Rescue Services Act 2004 (c. 21)
66 In section 4I of the Fire and Rescue Services Act 2004 (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.
Commissioners for Revenue and Customs Act 2005 (c. 11)
67 (1) The Commissions for Revenue and Customs Act 2005 is amended as follows.
(2) In section 18 (confidentiality), in subsection (2)(g)—
(a) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;
(b) for “its” substitute “the Director General’s”.
(3) In section 28 (complaints and misconduct: England and Wales)—
(a) in subsection (1), for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;
(b) in subsection (2)—
(i) for “Independent Police Complaints Commission”, in both places, substitute “Director General”;
(ii) for “its” substitute “the Director General’s”;
(c) in subsection (3) for “Independent Police Complaints Commission” substitute “Director General”;
(d) in subsection (4) for “Independent Police Complaints Commission”, in both places, substitute “Director General”.
(4) In section 29 (confidentiality etc), in subsection (3)—
(a) in the words before paragraph (a), for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;
(b) for “its” substitute “the Director General’s”;
(c) in paragraph (a), for “Commission” substitute “Director General”;
(d) in paragraph (b), for “Commission” substitute Director General”.
Police and Justice Act 2006 (c. 48)
68 (1) In section 41 of the Police and Justice Act 2006 (immigration and asylum enforcement functions and customs functions: complaints and misconduct)—
(a) in subsection (1) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct (“the Director General”)”;
(b) in subsection (2A) for “Independent Police Complaints Commission” substitute “Director General”;
(c) in subsection (3) for “Independent Police Complaints Commission” substitute “Director General”;
(d) in subsection (4)(b), for “Independent Police Complaints Commission” substitute “Director General”;
(e) in subsection (5) for “Independent Police Complaints Commission” substitute “Director General”;
(f) in subsection (6) for “Independent Police Complaints Commission”, in both places, substitute “Director General.
(2) In the heading before that section for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
69 In section 107EE of the Local Democracy, Economic Development and Construction Act 2009 (section 107EA orders: complaints and conduct matters etc) (as inserted by this Act), in subsection (5)(b) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.
Coroners and Justice Act 2009 (c. 25)
70 In section 47 of the Coroners and Justice Act 2009 (meaning of “interested person”)—
(a) in subsection (2)(k) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”;
(b) in subsection (5) for “Independent Police Complaints Commission” substitute “Director General of the Office for Police Conduct”.
Equality Act 2010 (c. 15)
71 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Police” omit the entry relating to the Independent Police Complaints Commission and insert at the appropriate place—
“The Office for Police Conduct”.
Police Reform and Social Responsibility Act 2011 (c. 13)
72 (1) The Police Reform and Social Responsibility Act 2011 is amended as follows.
(2) In section 65 (disqualification from election or holding office as police and crime commissioner: police grounds), for “Independent Police Complaints Commission” substitute “Office for Police Conduct”.
(3) In Schedule 7 (regulations about complaints and conduct matters), for “Independent Police Complaints Commission”, in each place, substitute “Director General of the Office for Police Conduct.”—(Mike Penning.)
This new Schedule contains amendments to the Police Reform Act 2002 and other enactments in connection with the re-naming of the Independent Police Complaints Commission as the Office for Police Conduct and the creation of the new position of Director General.
Brought up, read the First and Second time, and added to the Bill.
Clauses 108 and 109 ordered to stand part of the Bill.
Clause 110
Extent
Amendments made: 149, in clause 110, page 109, line 23, leave out “paragraph” and insert “paragraphs 15E and”.
This amendment and amendment 150 provide for the consequential amendment to the Freedom of Information Act 2000 in amendment 108 to extend to the whole of the United Kingdom, reflecting the geographical extent of that Act.
Amendment 150, in clause 110, page 109, line 23, leave out “that paragraph” and insert “those paragraphs”.
See the explanatory statement for amendment 149.
Amendment 216, in clause 110, page 109, line 24, at end insert—
“() section (Combined authority mayors: exercise of fire and rescue functions)(11);”.
This amendment provides for the amendment to Schedule 1 to the Public Service Pensions Act 2013 in NC22 to extend to the whole of the United Kingdom, reflecting the geographical extent of that provision.
Amendment 154, in clause 110, page 109, line 28, at end insert—
“( ) section 22(8), so far as relating to paragraphs 1 to 5 of Schedule (Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary), and those paragraphs;”.
This amendment is consequential on NS1.
Amendment 217, in clause 110, page 109, line 28, at end insert—
“( ) section (References to England and Wales in connection with IPCC functions)(2) and (3);”.
This amendment is consequential on NC23.
Amendment 218, in clause 110, page 109, line 39, after “sections” insert “62(2) to (5),”.
This amendment, together with amendment 219, provides expressly for the procedure relating to the exercise of the regulation-making power in clause 62(3)(f) to form part of the law of the United Kingdom. The regulation-making power may be used to add to the list of persons who are law enforcement officers for the purposes of Chapter 4 of Part 4 and who may therefore exercise the maritime enforcement powers in hot pursuit by virtue of clause 64 (which also extends to the United Kingdom).
Amendment 219, in clause 110, page 109, line 39, leave out from “73” to end of line 40.
Please see the explanatory statement to amendment 218.
Amendment 220, in clause 110, page 109, line 40, at end insert—
“( ) sections (Application of maritime enforcement powers in connection with Scottish offences: general)(2) to (7), (Exercise of maritime enforcement powers in hot pursuit in connection with Scottish offences) to (Maritime enforcement powers in connection with Scottish offences: other supplementary provision) and (Maritime enforcement powers in connection with Scottish offences: interpretation);”.
This amendment, together with amendment 224, set out the extent of NC29 to NC39.
Amendment 151, in clause 110, page 110, line 3, leave out “and 13” and insert “, 12E to 12G, 12L, 12N, 12AE, 12AH, 12AL to 12AS, 14A to 14D, 15D and 17C”.
This amendment provides for certain of the consequential amendments in amendments 106 to 109 to extend to England and Wales and Scotland, reflecting the geographical extent of the Acts they amend.
Amendment 221, in clause 110, page 110, line 5, at end insert—
“() section (Combined authority mayors: exercise of fire and rescue functions)(5) and (8);”.
This amendment provides for the amendments to section 26 of the Fire Services Act 1947 and section 34 of the Fire and Rescue Services Act 2004 in NC22 to extend to Great Britain, reflecting the geographical extent of those provisions.
Amendment 152, in clause 110, page 110, line 7, leave out “and 104” and insert “, 104 and 114”.
This amendment provides for the consequential amendment to the Equality Act 2010 in paragraph 114 of Schedule 2 to extend to England and Wales and Scotland, reflecting the geographical extent of that Act.
Amendment 153, in clause 110, page 110, line 7, at end insert—
“( ) section22(8), so far as relating to paragraphs 6 to 14 of Schedule (Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary), and those paragraphs;”.
This amendment is consequential on the new Schedule NS1.
Amendment 222, in clause 110, page 110, line 7, at end insert—
“() section (Office for Police Conduct)(9), so far as relating to paragraphs 61 and 71 of Schedule (Office for Police Conduct), and those paragraphs;”.
This amendment provides for specified amendments in Part 3 of NS2 to have the same extent as the provisions amended.
Amendment 223, in clause 110, page 110, line 15, at end insert—
‘( ) Section (Office for Police Conduct)(9), so far as relating to paragraphs 58, 59, 60, 62, 63, 65, 67 and 68 of Schedule (Office for Police Conduct), and those paragraphs, extend to England and Wales, Scotland and Northern Ireland.”.
This amendment provides for specified amendments in Part 3 of NS2 to have the same extent as the provisions amended.
Amendment 226, in clause 110, page 110, line 17, after “paragraphs,” insert
“and sections (Offence of breach of pre-charge bail conditions relating to travel) and (Offence of breach of pre-charge bail conditions relating to travel: interpretation)”.
This amendment provides for NC41 and NC42 to extend to England and Wales and Northern Ireland.
Amendment 224, in clause 110, page 110, line 19, leave out “extends” and insert
“and (Application of maritime enforcement powers in connection with Scottish offences: general)(1) and (8), (Restriction on exercise of maritime enforcement powers in connection with Scottish offences) and (Maritime enforcement powers in connection with Scottish offences: obstruction etc) extend”.—(Mike Penning.)
Please see the explanatory statement for amendment 220.
Clause 110, as amended, ordered to stand part of the Bill.
Clause 111
Commencement
Amendment made: 225, in clause 111, page 110, line 41, at end insert—
‘( ) Before making regulations appointing a day for the coming into force of any provision of sections (Application of maritime enforcement powers in connection with Scottish offences: general) to (Maritime enforcement powers in connection with Scottish offences: interpretation) the Secretary of State must consult the Scottish Ministers.”. —(Mike Penning.)
This amendment provides that the Secretary of State must consult the Scottish Ministers before bringing NC29 to NC39 into force.
Clause 111, as amended, ordered to stand part of the Bill.
Clause 112 ordered to stand part of the Bill.
Mike Penning
On a point of order, Mr Howarth. As is customary as we come to the conclusion of the Committee stage, we as joint Ministers will put some votes of thanks together, particularly to you, Mr Howarth, and to your co-chair, Mr Nuttall. Both of you have been very pragmatic in expediting the Bill.
I also pay tribute to my hon. Friend the Under-Secretary. She is the new crime Minister, having taken over crime responsibilities from myself, when I took on something called fire.
I turn to the Opposition Front Bench, and I hope that this goes on the record. I think that this is the way that Bills should be scrutinised: agree on what we agree on, disagree on what we disagree on and talk sensibly inside and outside the Committee. We will never agree on everything but we can see that a rather large Bill has gone through Committee stage in probably record time, but with scrutiny in the areas of disagreement. I think that that is right. I pay tribute to the Opposition Front-Bench spokespeople.
My own Whip, my hon. Friend the Member for Dover, has expedited these discussions brilliantly, together with his opposite number, the hon. Member for Manchester, Withington: the Whips Office has done expertly. We have to say that, don’t we?
My Parliamentary Private Secretary, my hon. Friend the Member for Calder Valley is missing—it is outrageous —so I have a trainee PPS, my hon. Friend the Member for Lewes, who has been doing absolutely brilliantly. I do not think she managed to pass me anything at all, which is very good.
The Bill managers have done brilliantly well. If I have the list right, the Home Office, the Ministry of Justice, the Treasury, the Department for Transport, the Department of Health, the Department for Communities and Local Government, the devolved Assemblies and Administrations, and the Wales Office, the Scotland Office and the Northern Ireland Office—I have probably missed one or two off—have all been part of a very large but very important Bill, and been part of the process. Legislation will obviously come forward through the Bill based on that.
Hansard, who hate me, because I never pass any notes to them—thank you very much indeed. The Doorkeepers have also done brilliantly well. Can I particularly thank the people who I give the hardest time to: the lawyers in the Home Office?
Jack Dromey
Further to that point of order, Mr Howarth. First, in terms of the team behind the Bill, can I thank the Clerks and all those who have worked with us throughout the Committee stage, for their professional support at all hours of the day and night, as we discovered on one particular occasion? Secondly, like the Police Minister—
Jack Dromey
Like the Policing and Fire Minister, I thank all those who have supervised our proceedings, including the Doorkeepers and Hansard, all of whom play a very important role.
I want to come straight to the heart of one thing that the Policing and Fire Minister said. The Bill has been professionally debated, with substantial common ground. Where there has not been common ground, we have disagreed not for the sake of it but in order to focus on areas in need of further probing and areas of disagreement. On the former, I welcome some of the commitments given to next-stage dialogue on issues relating to children and mental health. We will take advantage of the offers made. On the latter, there are areas of disagreement, particularly in relation to fire and volunteers. There are also areas where we hope the Government will go further in the next stages, such as pre-trial bail. All these things have been properly rehearsed, recorded and debated in the Committee.
Finally, I thank all Committee members. The debate has been conducted in a good-humoured way throughout. I also particularly thank my fellow shadow Minister, my hon. Friend the Member for West Ham, for her prodigious efforts throughout the Bill’s passage. We look forward to Report.
Oral Answers to Questions
Mike Penning Excerpts(8 years, 3 months ago)
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William Wragg (Hazel Grove) (Con)
T2. My right hon. Friend may be aware that I am participating in the police parliamentary scheme, seeing at first hand the excellent work of Greater Manchester police. What is being done to ensure that there are adequate and safe levels of community policing in my constituency?
The Minister for Policing, Fire, Criminal Justice and Victims (Mike Penning)
I congratulate all hon. Members who take part in these parliamentary schemes. I would also recommend the fire scheme and the armed forces scheme. With the Chancellor’s help, we have managed to protect budgets, subject to the precept. For anyone interested in neighbourhood policing, I would say that those who have a Conservative police and crime commissioner and a Conservative mayor have more chance of having more officers on the beat.
Andy Burnham (Leigh) (Lab)
In the aftermath of the attacks in Brussels and Paris, the security of the UK border is uppermost in people’s minds. However, we are a fortnight into the new financial year, and the Home Secretary is still refusing to answer questions on the budget for Border Force. A whistleblower says staff were told three weeks ago to expect front-line cuts of 6%, although, since media reports of that came out, we hear that the Home Office has been back-pedalling. I hope the Home Secretary is backing down, because our borders cannot face cuts on this scale. I therefore invite her to clear the issue up today: what is the 2016-17 budget for Border Force, and is it up or down on last year?
Liz McInnes (Heywood and Middleton) (Lab)
T6. The Home Secretary recently said at the launch of the Conservatives’ PCC election campaign that “the Conservative Government has protected overall police spending for the next four years”.However, Sir Andrew Dilnot, the chair of the UK Statistics Authority, has confirmed House of Commons Library research that shows that forces will see a £160 million cut next year alone. In the light of that, and given the importance of the upcoming elections, will the Home Secretary admit that funding for our police forces has not been protected and is being cut again for each of the next four years?
Mike Penning
If we take the precept into account, we can see that police funding has been protected over the past four years. The one person we did not listen to was the Labour shadow Secretary of State, because he wanted to cut it by 10%.
Caroline Nokes (Romsey and Southampton North) (Con)
T7. What success have the Government had in recent months in deporting overstayers who have been working here illegally?
Derek Twigg (Halton) (Lab)
What recent discussions have Ministers had with chief constables about the growing menace of scrambler bikes being ridden recklessly on our roads, with the potential to cause great accidents, usually by young men wearing masks and without number plates?
Mike Penning
I had those sorts of discussions when I was at the Department for Transport, and we continue to have them. Unlicensed, unauthorised and unsafe vehicles on the roads are a menace, and the police should use all the powers they have.
Tom Tugendhat (Tonbridge and Malling) (Con)
T8. The Investigatory Powers Bill, which is going through the House, provides important capabilities, along with new safeguards, to tackle cybercrime. Will Ministers update the House on how the changing nature of crime is being fought by the Bill?
Mike Penning
What we intend to do, with the help of the Chancellor, is to make sure that the Metropolitan police has got the funding that it asked for, not to cut funding by 10%, as the Labour party requested. Neighbourhood policing is an operational matter for the commissioner and the Mayor, but I repeat what I said earlier: looking at the statistics, we can see that if we want more police on the beat, we should vote Conservative.
Suella Fernandes (Fareham) (Con)
As part of special branch, Hampshire marine unit provides vital crime prevention along our coastal borders and within the marine environment of the Solent and the Isle of Wight, through operations such as Project Kraken. Will my right hon. Friend confirm that that vital crime prevention service is protected under current reforms?
Policing and Crime Bill (Second sitting)
Mike Penning Excerpts(8 years, 4 months ago)
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Karen Bradley
Q Accountability comes through so many times on so many different cases. Can I suggest that my officials speak to you and we try to get together and look at what is happening in your specific area? Perhaps we can see if we can push things through.
Sally Burke: That would be lovely.
The Minister for Policing, Fire, Criminal Justice and Victims (Mike Penning)
You could go and see where triage is taking place, outside your area so that you can experience that as well.
Sally Burke: I feel that the NHS has made so many cuts—especially in our area, with mental health—that the police have had to take the brunt of where to put these children. If you continue to show that that is their responsibility, they are never going to put the money back into children’s mental health and tick the areas.
Karen Bradley
I would really like to show you the triage, so let us talk about that outside here.
Policing and Crime Bill
Mike Penning Excerpts(8 years, 4 months ago)
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James Morris
We have a very close relationship.
As my hon. Friend the Member for Broxbourne has pointed out, in my role as chair of the all-party parliamentary group on mental health I very much welcome the parts of the Bill that relate to sections 135 and 136 of the Mental Health Act 1983. It is an issue in which I have long taken an interest in this House, and I had an Adjournment debate on it in Westminster Hall in 2013.
A number of people have influenced my thinking about the importance of the changes in the Bill, particularly as regards some of the work that has been done by West Midlands police. In particular, I want to mention Inspector Michael Brown, who has an interesting blog that other hon. Members might wish to look at. He is a mental health blogger and came to see me in my constituency office four or five years ago to talk about how the nature of policing was changing in society, the importance of dealing with mental health on the ground, and how the nature of policing meant that police officers were putting themselves in situations in which they were essentially having to make decisions about whether or not to use the powers under the Mental Health Act, as well as about whether they had the ability, knowledge and training to make such decisions.
If we look at the history of the Mental Health Act, we can see that it was initially conceived to cope with people who were absconding from asylums. It was updated in 1983, including through the section 135 and 136 provisions, and today’s changes are very important as the Mental Health Act needs to reflect the more modern experience of policing and of working with health professionals. Sometimes, we need to question whether we should go further in changing the Mental Health Act, because one downside of police officers specifically being given powers to detain people is that that raises issues to do with liberty and whether somebody is capable of making their own decisions, even when they are in mental health crisis. The fundamental point, which my hon. Friend also made, is that I do not think that any civilised person would say that there should be any circumstances in which a child suffering a mental health crisis ends up in a police cell. I welcome the changes to section 136.
The Bill also confers regulation-making powers on the Secretary of State to define when an adult should legitimately be placed in a police cell.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I thank my hon. Friend for giving way, and particularly commend the speech by my hon. Friend the Member for Broxbourne (Mr Walker). Through the Bill we are trying to say—including to the other agencies to which the shadow Home Secretary referred—that a police cell or a police vehicle is not the place for someone in a mental health crisis. As the Ministers responsible for policing, we have to say that we are the port of last resort, not the port of first resort, which, I am afraid, is a situation that the section 135 and 136 legislation has got us into in some parts of the country. We need to get away from that.
James Morris
I thank the Minister for that intervention. He makes a powerful point. I have been a strong advocate of the street triage schemes that have been rolled out across the country. I was taken out by the street triage team in Birmingham and sped on a blue light to the centre of Birmingham, where a man was threatening to throw himself off the new Birmingham library. As the Minister knows, street triage is an effective combination of a police officer and a trained psychiatric nurse, both of whom present themselves at the point of crisis. That is the way we need to go, where we do more to get the police working with health professionals.
Mike Penning
I apologise for further delaying the House. Where it has not been possible for whatever reason to get the street triage team to the scene, we can have mental health professionals in custody suites. That point of entry gets around the data protection issues and people, who often know the mental health professionals, can be treated in a completely different, more civilised way, as we would expect our constituents to be treated.
James Morris
The Minister makes an excellent point. We need greater integration between policing and health. It should not be part of policing for police officers to make crucial decisions about an individual’s psychiatric state.
Mike Penning
When I took over the policing responsibility 18 months ago, I asked for the previous reports by the Home Affairs Committee—they had been gathering dust because there were quite a few. What has really and truly happened is that we have cherry-picked what was feasible and what we could deliver, and we have placed it in the Bill—with the help of the Home Secretary’s PPS.
Keith Vaz
I thank the Minister, and I say to him that he should carry on cherry-picking if that results in changes that find favour with both sides of the House.
On mental health, the Bill will ban the use of police cells as places of safety for under-18s, and the Committee has never believed that they are the right place for such people. I acknowledge the work done by my hon. Friend the Member for North Durham (Mr Jones), who has also campaigned on these issues over a number of years. He is one of those who have always said that people with such illnesses should be in police cells only in exceptional cases. That applies, of course, to children, but also to adults.
The Committee likes the idea of police officers consulting members of the medical profession before removing a person to a place of safety, and we think it is right that there should be a maximum period of detention.
Mike Penning
I wonder whether the Home Affairs Committee Chairman would agree that that does not need to be in statute. Surely it is simply common sense for the investigating officers to do such a thing, because this is not just about Paul Gambaccini—there were lots of others. The reason we have not put that in the Bill is that neither I nor the Home Secretary see the need for it to be on the statute book—it is just the common-decency way to treat people.
Keith Vaz
What the Minister has said today is extremely powerful and important, and it will give great comfort to people such as Paul Gambaccini. That is a common-sense approach to the cases of people have been on bail continuously but where no evidence is then found. People should conduct these investigations in a timely fashion. What the Minister has said will be something we can use as an example of good practice.
The shadow Home Secretary, who is not in his place at the moment, mentioned the case of Siddhartha Dhar, whose sister came to give evidence to the Committee—it was an emotional time, but it was important evidence. We were concerned that his passport was not handed over when he became a suspect. The police actually sent him a letter asking him to come along and surrender it; of course, by then, he had left the country—he had booked his departure, got on a coach with his family and crossed the border, and he was gone. He is probably still in Syria, although we do not know for sure.
The Minister may think this is also a matter of common sense rather than statute, but it is important, where we have terrorist suspects, as the shadow Home Secretary said, that we insist on their passports being handed over when they are in the custody suite; we should not wait to write to them and say, “Please will you hand over your passport?” because they will have used the opportunity to leave the country, as Mr Dhar did.
This may be a matter of common sense rather than statute—this is not a criticism of individuals, but us looking at a system—but many years ago we said to the Justice Department, “Wouldn’t it be a good idea to ask a foreign national prisoner to surrender their passport to the court at the time of sentence?” The Prime Minister has now said that that is a very good idea and we must ensure that it happens.
Those are common-sense suggestions. I know it requires a whole inquiry by the Home Affairs Committee to come up with them, but why have they not been implemented before? That is my concern. I welcome absolutely what is being done on police bail—it is the right course of action—but the handover of passports is very important. The Committee has been trying for some time to get the new director general of the Passport Office in. He has so far eluded us, but we will write to him again and remind him that he needs to come in; otherwise, we will be writing a very stern letter. He has an important contribution to make to this debate. When the Prime Minister appeared before the Liaison Committee, he also said he would look at these issues.
I welcome what is being suggested with regard to the reform of the Police Federation. Its new management, if I can call them that, have made substantial changes. It is right that the federation’s core purpose should be amended to include a commitment to acting in the public interest. However, a recent letter from the chief executive and the chairman touched on some of the promises made about returning subscriptions to police officers because the federation had amassed huge reserves. I know the Policing Minister loves talking about reserves, and the federation had amassed quite a lot of reserves, so the Committee suggested that it hand some of them back to PCs, rather than collecting more subs. We also suggested that a smaller amount be spent on legal action, because the federation is spending quite a lot on supporting legal action. The Bill helps us along that road, and I hope that the other issues—the Bill does not mention reserves—will also be looked at.
The fifth area where the Bill implements recommendations by the Select Committee is police integrity. We are pleased that there will be a new statutory police barred list for officers and staff who have been dismissed, and that a police advisory list of those who are under investigation for matters amounting to gross misconduct is also included in the Bill. The Bill also places a duty on senior officers and policing bodies to check job applicants against the list before employing them and to report to the College of Policing.
Shortly the Committee will open up a review of the work of the College of Policing, and Alex Marshall will be coming before us. The Home Secretary talked about the massive changes she has made, and no Home Secretary has ever made such dramatic changes to the landscape of policing. However, I think we have neglected the College of Policing. I rate it very highly, and I think Alex Marshall is an excellent chief executive. We need to call it the Royal College of Policing. We need to make sure it stands on a par with some of the other royal colleges, such as the Royal College of Nursing, and with the British Medical Association and other organisations. I think we are getting there.
Mike Penning
Because the college was absolutely brand new, we first had to get it established, bedded down and gaining the confidence that the Chair of the Select Committee has referred to. There are more powers for the college in the Bill, and it will evolve, but it was brand new and it had to have confidence of people across the country, particularly that of the police.
Keith Vaz
I hope that we will look at some of these issues when we come to review the work of the college in the next Session.
I support what is being done on police complaints. As I have sometimes said to my hon. Friend the Member for North Durham, perhaps the police at a local level could adopt the John Lewis approach—“If there is a complaint, try and sort it out.” When members of the public complain about us, as I am sure they do very rarely [Interruption]—yes, it does happen—we take that more seriously than we do letters of praise, because we want to get the system right. If somebody complains that we did not spend enough time with them at a surgery or they are unhappy with a letter that we have sent, we spend a disproportionate amount of time on that—more than we do on other members of the public. Sometimes it is better to say, “Sorry, we got it wrong”, at a local level. Not everyone can have the privilege of coming before the House and saying sorry in such a public way, as the Minister did on the police funding formula, but he did it and he survived, and he has grown stronger as a result. The police should do this at a local level. I have a bit of an open mind about some of the suggestions, but a time limit is absolutely vital: we cannot have things going on for ever and ever.
I fully support what the Government are doing on firearms, although, to reiterate the Committee’s previous recommendations, we think that there are too many pieces of legislation relating to firearms and they should be consolidated in one Act of Parliament rather than be found in different places. I think that Opposition Front Benchers will be very open to a suggestion of consolidation, because it is quite difficult to find every single piece of information.
On collaboration with the fire service, I take a different view from the shadow Home Secretary. I have an open mind about this. Better collaboration between the emergency services might help local people. I suppose I am driven by the fact that, on 14 January, 10 ambulances were parked outside Leicester Royal Infirmary delivering patients and not collecting them. We have only 25 ambulances in the whole of Leicestershire, so to find 10 outside the infirmary made me worry about our emergency services system. I am open to persuasion. I am happy to look at this carefully, and I am sure the Committee will also want to look at it to see whether it will work. The hon. Member for Braintree (James Cleverly), who is here, is the former chairman of the fire authority for London, and perhaps we will call on him to give evidence, if he is free. We want a system that is going to work; we do not want to amalgamate and collaborate and then the whole thing collapses. We want the system to be better rather than worse.
I also have a bit of an open mind about volunteers. We do need a professional police service. We need to be careful about using volunteers, because there are issues of vetting and of who should be accepted. Of course, the idea that the public should be part of policing is very important—it is all about Neighbourhood Watch. I do not see as many of those signs in Leicester these days. There are lots of photographs of Vardy and Mahrez on lamp-posts, but not many signs about neighbourhood policing—I had to get that in somewhere, Mr Deputy Speaker. We need to tread carefully with regard to volunteers. If we do that, we can get a better police service.
I do not want to open up a new debate on the police funding formula, because that will only encourage the Minister to mention it again when he winds up, but we do need a timetable on police funding. The Minister said that he was waiting for the review from the National Police Chiefs Council. I have written to Sara Thornton to ask her whether she thinks her review will somehow stall what the Minister proposes to do. I will await her response and we will of course publish that letter. All this has to be paid for. We have new legislation—those of us who have been in this House for a number of years will have seen policing Bills before—but in the end it all costs. We need to sort out the issue of funding, because we do not want to end up being bitten by having good legislation that is supported by the whole House and being unable to pay for it. I hope that we will look at that in future.
John Woodcock (Barrow and Furness) (Lab/Co-op)
It is an honour to follow the considered speech of the hon. Member for Rossendale and Darwen (Jake Berry). He was brave and absolutely right to add to the calls to extend the 12-month period. I sincerely hope that the Government will agree to do that on Report.
The public put a huge amount of trust in the integrity and professionalism of the police, and rightly so, but nobody is infallible. When the police mess up, the public want to know that they will be held properly to account. Public confidence is vital for effective policing, and police accountability has come a long way in a relatively short space of time. It is easy to forget that it was only in 2002 that the last Labour Government set up the IPCC in response to the Stephen Lawrence case. That was a huge step forward, but compared with other public services the police remain under-scrutinised. Too many investigations are carried out behind closed doors. Too many reports are supressed. Too many officers take retirement rather than taking the rap for their mistakes.
Some clauses in the Bill will make real progress on a lot of those issues, and that is welcome. The widening of the definition of a complaint in clause 11 is sensible, and will, I hope, allow greater scrutiny. It is good to see that officers will no longer be able to dismiss complaints as fanciful without recording them. Most welcome is the beefed-up role of the IPCC in investigating complaints. The fact that it had to wait for a referral before acting was always perverse, and I am glad that it will now be able to act with greater freedom when it thinks that wrongdoing has occurred. The move from managed to directed investigations with more IPCC oversight is also a step in the right direction for transparency and accountability. It is right that the IPCC will now be required to investigate all cases that involve chief officers.
The House will be aware of the tragic case of Poppi Worthington in my constituency. I have raised it a number of times on the Floor of the House, and I know that the Ministers on the Front Bench are well aware of it. The failings of the police in Cumbria in the aftermath of Poppi’s death are deeply troubling. Not only has the case raised questions about the conduct of my local force, but it prompts wider questions about the overall system and structure by which the police are held to account. I am concerned that for all the positive steps they contain, the proposals represent a missed opportunity to deal with those issues.
I want to raise three specific issues: first, the information that is available to police and crime commissioners to allow them to perform their roles effectively; secondly, the disciplinary processes and the role of the IPCC; and, thirdly, new rules for officers who leave the force. In Cumbria, we have just welcomed back Jerry Graham as our chief constable following a leave of absence for ill health. In his absence, the deputy chief constable, Michelle Skeer, acted up in his position. That is normal procedure, and it meant that Ms Skeer was at the helm in recent months, during the revelations about Poppi’s death. The problem is that she was also one of the officers criticised by the IPCC in its report into police failures in the Poppi case. That report has still not been published, and I maintain that it should be made public immediately.
Not only was Ms Skeer criticised, but the police and crime commissioner was not made aware of the IPCC’s findings when he confirmed her appointment as the acting chief constable. I understand that it is often a formality for the deputy to act up when the chief constable is laid low, and in the vast majority of cases that will make sense, but it requires oversight and confirmation by the police and crime commissioner. Otherwise, what are they there for? Surely the Government must agree that in that case, it was inappropriate for Ms Skeer to act up without the commissioner being apprised of the findings of the case against her. It must be possible to address that problem in the Bill. That has not happened yet, but there is a clear opportunity to do so on Report if the Government have the will to act.
For an officer to head a force, and to have oversight of all disciplinary matters, when she has been heavily criticised by the IPCC is highly problematic. It looks wrong to the public, and it damages trust. That situation should never be allowed to occur again, but I see nothing in the Bill to correct that flaw in the original procedures. Should not police and crime commissioners be provided, as a matter of routine, with draft IPCC reports, even when the reports cannot be published for legal reasons? When the decision is made to appoint a chief constable or a deputy, or to allow people to act up in those roles, the IPCC ought to give the police and crime commissioner all the relevant information about as yet unpublished investigations into that individual, even if that information is available only in draft form. If commissioners are to be more than simply window dressing, sustained at considerable expense to the taxpayer, they need to be able to access the information that allows them to do their jobs properly.
On discipline, the Bill is surely an opportunity to improve the current processes.
Mike Penning
I thought it might be useful to say at this point that the Under-Secretary of State and I, having listened to the hon. Gentleman’s speech and the other contributions, will look carefully to see whether we can address in Committee or on Report the concerns that he has sensibly raised around that issue. One way or another, we will try as best we possibly can to address the matter in the Bill.
John Woodcock
I thank the Minister for intervening now, rather than waiting until his summation. What he has said is really welcome.
If I can find my place, I will continue what I was saying about discipline. One reason that I have been given for the continued suppression of the report in the Poppi case is that disciplinary action is still ongoing against two officers. However, the draft report was available to Cumbria constabulary exactly a year ago. The IPCC has said that it is “extremely surprised” at the delay, but it appears to have no ability to compel the force to get on with the process. We are left with a situation in which a force is in control of the disciplinary process, but by delaying that process it can hold up the publication of a report that is critical of that force. I am not saying necessarily that Cumbria constabulary is deliberately doing so, but that is clearly the effect. That cannot be right. Surely, the IPCC could appropriately be given more power to compel a force to complete disciplinary action in good time, rather than ending up with a situation such as we have in Cumbria.
Finally, I want to address what happens when officers retire or resign from the force when they are facing disciplinary action, as several hon. Members have mentioned. There has rightly been focus on the length of time for which a former officer can still face disciplinary proceedings after leaving, and whether 12 months is sufficient. The shadow Home Secretary has compellingly set out why it is not, and he has already been joined in expressing that view by one Conservative Member. I also want to focus on the suggested sanctions. Someone will correct me if I am wrong, but I have raised the matter with the shadow Home Secretary.
My clear reading of the legislation is that where an officer retires before disciplinary proceedings against them can be triggered, within the 12 months or whatever period is set out—they can now, for the first time, be found guilty of misconduct, which is a real step forward and should be welcomed—the only sanction currently proposed is to put them on a list that will prevent them from working in the police force again. However, as they have just retired, which was how they have sought to escape justice in relation to any misconduct, telling them that they cannot come out of retirement is surely no kind of deterrent whatever. I very much hope that can be reconsidered in Committee.
John Woodcock
The sanction would not be more extreme because there is no chance of any workplace sanction after that. In the hon. Gentleman’s speech, he can tell me what he thinks the effect on public confidence in the police would be if someone guilty of misconduct—at Hillsborough, Orgreave or in one of the many other cases—was merely put on a list preventing them from serving again, rather than having any other sanction imposed on them. My right hon. Friend the shadow Home Secretary mentioned the prospect of being able to reduce the pension entitlement of retired officers in certain circumstances, which I hope the Minister will consider carefully.
Mike Penning
One of my very sad but important duties is to remove a pension from an officer because they have committed certain types of offence. Sadly, I have to do that weekly. There is already such a sanction, and others, including criminal sanctions, can also be taken. The ability to remove a pension is already in statute.
John Woodcock
But what if they have retired?
I am getting into the rather unusual situation of wanting to ask questions of the Minister who has intervened on me. If my understanding is wrong, I hope he will point that out now or in his summation, but I understood that the only sanction available for an officer who had already retired was not to reduce their pension further, but simply to put them on a list to prevent them from going back to the job from which they had retired to escape accountability.
Kit Malthouse
My hon. Friend is exactly right. As he knows, a gold commander will be appointed, and more often than not it is the senior police officer in charge of the incident. Control is taken, certainly in London, through the control room, in tandem with the fire office and other emergency services required. The system already operates in emergencies, and the fact that we are having to outline that in legislation seems extraordinary, although nevertheless necessary.
When I was chairman of the Metropolitan Police Authority, I was astonished by the sheer time involved in dealing with complaints. There were reams of paper and endless committee meetings. My hon. Friend the Member for Braintree (James Cleverly) sat through hours and hours of many of those complaints hearings, some of which were frivolous and some not, but all of which, hopefully, were taken seriously. Any measure that streamlines the complaints system should be welcomed by all, police officers included.
I think that the idea of super-complaints is a knockout. As chairman of the Metropolitan Police Authority and deputy Mayor for policing, I would receive, endlessly, what were essentially super-complaints from charities and other organisations claiming that systematic problems involving the police needed to be addressed. If we could find a way of organising mini-inquiries into some of those issues—which is, essentially, what super-complaints would be—we might secure quicker resolutions.
One of the big issues, which the police themselves resolved in the end, was the investigation of rape. It became clear that the way in which the police investigated rape was seriously deficient, and that rape victims were not being dealt with properly at the front end—the inquiry desk at the police station. Once the mounting voices of complaints became so loud that the police had to do something, strangely enough, we secured change straight away. I think that if a charity involved in women’s welfare, or indeed men’s welfare, were able to lodge a super-complaint—rather like the Office of Fair Trading, or the Competition and Markets Authority—the issues could be resolved much more swiftly.
There is no doubt that one of the things that have undermined confidence in the police is the idea that someone can resign just before being subject to disciplinary action. We have seen police officers do that time and again, and they are often in collusion with a leadership that does not want to become involved in a significant inquiry into someone’s conduct. The extension by 12 months seems about right to me. There might be a case for 24 or 36 months, although I think that a lifetime might make matters more rather than less complicated. The extension beyond retirement is certainly welcome.
There will be rejoicing across the land at the final abolition of the Association of Chief Police Officers, in word if not in deed. It is great to see ACPO finally erased from the statute book, for all sorts of reasons. However, there is one small tweak that I would quite like the Minister to consider. One of the duties that are to be transferred to the new Chief Officers Council, or whatever it is called, is the requirement to co-ordinate the national police response to national emergencies. I was on the eighth floor of Scotland Yard on the Monday night of the 2011 riots, listening to the present Metropolitan Police Commissioner—who was then acting Deputy Commissioner—ringing all his mates in the police forces and asking whether they had any spare coppers to deal with the riot as 22 of London’s 23 boroughs went up in flames. It became clear to me that the idea of voluntary co-ordination was never going to be entirely seamless. I think that devising some method of compelling police forces, in extremis, to send officers to the aid of cities, or other areas, that needed them—rather than that being done on the basis of an understanding between police forces—would be useful for future resilience.
I welcome the proposed changes in the treatment of 17-year-olds in police custody. I think we are slowly beginning to realise that 16 and 17-year-olds are in a particular position of vulnerability: that they are still children in the eyes of the law, but are being treated inconsistently with that. The changes in the Police and Criminal Evidence Act 1984 that will allow them to be treated as children, and given the protections that are afforded to children, are extremely welcome. They weave into a general theme, which is building up in the House and which has been mentioned earlier in the debate, concerning the status of 16 and 17-year-olds in the law generally. Like the Children’s Society, I believe that we should extend protections to that group.
I also think that we should consider extending child abduction warning notices to 17-year-olds, because they are often useful in that context. Either during the later stages of this Bill or during the stages of a sentencing Bill, if one is forthcoming, I shall be looking into the possibility of protecting those children through a general aggravated sentencing framework relating to offences against children, as well as the possibility of extending sentencing for child cruelty.
I greatly welcome the extension and strengthening of licensing conditions. I think that it is a fantastic move. As we all know, alcohol is an enormous driver of offending, and an enormous absorber of police time. The recent pilot trialling the alcohol abstinence monitoring orders in Croydon was so successful that the Minister has extended it to the whole of London, and we hope that it will subsequently be extended to the rest of the United Kingdom. However, there are a couple of tweaks that I would like the Minister to consider, because I think that they could make this tool really effective.
The first of those tweaks relates to police bail. Conditions apply to it, but, at present, none of them is a requirement to abstain from alcohol. I think that a huge volume of work that is currently dealt with in magistrates courts and beyond could be removed if the police could offer offenders the option of police bail on condition that they wore an alcohol monitoring bracelet for one, two or three months. If offenders breached that requirement, they would effectively be breaking the terms of their bail, and could end up in the criminal justice system as they did before. Vast swathes of paperwork in the magistrates courts would be reduced at a stroke. The police would have the power to manage alcohol on a real-time basis in their own communities.
Mike Penning
One of the privileges of being the Minister for Policing, Crime and Criminal Justice is being part of the Ministry of Justice as well as the Home Office. What my hon. Friend is talking about, essentially, are out-of-court disposals, and I think that we are moving in that direction rather than in the direction of police bail when it comes to such matters as sobriety bracelets.
Kit Malthouse
I welcome the Minister’s support. He has been a great proponent of the use of such bracelets, and I think that one of his first acts in office was to extend their use. I do not really mind how the bracelets get on to a person’s ankle. We know from the Croydon pilot that they are 92% effective. I do not mind whether this is done by means of out-of-court disposal or police bail, as long as it is done swiftly. We know that the best kind of criminal justice is swift and certain, and the bracelets are exactly that.
In the context of alcohol abstinence monitoring orders, there is another tweak that I should like the Minister to consider. In the United States, a system has been highly successful, and is spreading across the whole country like a virus. Authorities are allowed to charge for physical testing. People turn up twice a day to blow into bags to prove that they have not been drinking, and they pay a buck a test, which finances the whole project. It is self-financing: the polluter pays. That is a brilliant principle. We do not have such a power in this country, but it would be wonderful if we could insert it in the Bill. In the case of the pilot in London, the Mayor had to put in half a million quid and the Secretary of State for Justice had to put in another half a million. Instead, we could start this project and charge the criminals for their own disposal. Surely that makes sense. The money is money that those people would be spending on alcohol anyway, and they would be saving it because they would not be drinking: they would be wearing the bracelets. We know that the model works in the United States.
I am a great supporter of the Bill. I shall be monitoring its progress during all its stages over the next few weeks, and I hope that the small and helpful tweaks that I have suggested will somehow make it into a Bill which, as a result, would go from being good to being great.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I say genuinely that this has been a really good and sensible debate, and it has been conducted in the correct tone, apart from some of the bits in the speech of the shadow Policing Minister, the hon. Member for Birmingham, Erdington (Jack Dromey). Let us take the bits we agree on and work from there.
I was slightly surprised to hear the shadow Home Secretary say that we should do more. Anybody would think that this Government had been in power for 20 years—they probably will be—but his party had 13 years to modernise the police force and the other emergency services.
I thought there was a slightly critical tone about the fact that I used to be a firefighter. I am very proud of that and it is an obvious thing for me to mention, just as colleagues across the House mention specialist roles that they have held. When I was in the fire service, I wanted to protect the public better and to have the same skills, equipment and emergency services as other countries. This Bill will help address that. It will not be done on the cheap. We need to ask whether we need two chief executive officers, two finance directors and two health and safety officers. Do we need so much bureaucracy at the top of our emergency services taking money away from the frontline? We see examples around the country of collaboration taking place, but there are also examples of collaboration not taking place. That is why the Bill is very important.
The Chair of the Home Affairs Committee apologised to me for the fact that he would not be back for the wind-ups, but he said some very important things about the need for public confidence in the Independent Police Complaints Commission. Common sense is needed. It is clear that more complaints could be dealt with at constabulary level. That will often mean just saying, “Sorry, we got it wrong. We didn’t intend to get it wrong —that’s the last thing in the world we wanted to do.” It is important to say very early on that only serious offences should get to the IPCC. The Home Secretary and I were just telling each other that we will need to table a lot of amendments in Committee to remove the word “commission”. Further amendments will also be tabled.
The Bill is not perfect. I could accuse Labour Front Benchers of moaning, but I will not—I am trying to work collaboratively. The fire service needs to work more closely with the police, the ambulance service, the coastguard and other emergency services. We need to make sure that we get more for the taxpayers’ buck. [Interruption.] That is enough chuntering from Labour Front Benchers. Let us see what we can get.
Rather than address what is coming from Labour Front Benchers at the moment, I will address some of the points that were made during the sensible part of the debate. Mental illness is no different from any other illness, and it must be treated as such. For too many years, the police force has been used as the first, rather than last, point of call. Even though police officers are well trained and do good work on our behalf, they are not mental health professionals. They are also not experts on many other conditions, including learning difficulties. Sometimes we have to use them to provide a place of safety, but that should not be the case. Unless we actually put a stop to that and say, “Enough is enough,” we will not get the provision we need from other agencies. That is a really important part of the changes. The firearms changes have been needed for some considerable time, and we can work together on those.
I say to the Scottish National party that we will work closely with the Scottish Parliament. There was no consensus at all among political parties on the Silk commission, which is why we are in the position we are in. There was no consensus on the Silk commission between the Labour party in Wales and the Labour party in this House, so how could we have got consensus on the matter? As we go into Committee, let us work on what we can work on to try to make the Bill better. Let us not decry our emergency services and say that they cannot work together, because they can.
Mike Penning
No; I am going to conclude. On that point, in a debate that has been particularly important, let us make sure that we deliver what the public sent us to do, rather than sitting here and moaning at each other.
Question put and agreed to.
Bill accordingly read a Second time.
Policing and Crime Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Policing and Crime Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 14 April.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Jackie Doyle-Price.)
Question agreed to.
Police Funding, Crime and Community Safety
Mike Penning Excerpts(8 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I was laughing at the shadow Policing Minister, Mr Speaker, and I apologise for doing so as this is a very serious day and a very serious debate. Like the Home Secretary, I pay tribute to the emergency services that are still on the scene at the former power station at Didcot. I spoke to the chief fire officer earlier today and, on behalf of the House, expressed gratitude for the work that they are doing at the incident, which is very harrowing for them as well as for the loved ones and families of those who are still missing and those who have been injured and killed.
I listened carefully to the speeches made by the shadow Home Secretary and by the shadow Policing Minister. I think that I might have heard his speech before—perhaps before the election, before the shadow Home Secretary wanted a 10% cut to policing, or perhaps I heard it last week, and perhaps I will hear it again next week. The shame about having this debate, curtailed as it is, is that we will have a debate next week, led by the Chair of the Home Affairs Committee, on the Committee’s report. I bet that I hear an almost identical speech then from the shadow Policing Minister.
When we look carefully at what the Labour party is saying, we can see that on the one hand they are saying that we should have allowed cuts of 10% to policing until 2020 whereas, on the other hand, we hear speeches galore from Labour Back Benchers saying, “These cuts are not good.” What cuts? The cuts that happened between 2010 and 2015? Or those that would have happened had this country been foolish enough to elect a Labour Government?
The shadow Home Secretary is trying to say that we should not have taken into consideration the precept that is allowed—the 2% or 5%. Every Home Secretary has done that and every Chancellor has done that, when we look at how we fund the police. All of a sudden, we have a completely different narrative—“We want to cut it, and we want to cut it even more.” It fascinated me.
Mike Penning
No, I will not give way. I am afraid that the shadow Home Secretary went on for far too long, as the Chair of the Home Affairs Committee said. Perhaps next week we might hear the same speech again.
Mike Penning
If I have time, I will give way to the hon. Gentleman. He has a very important constituency issue that I have been trying to help him with and I will give way if I have time.
It is very important that we also take into consideration what was said by the third party in this House, the Scottish National party, complaining about the fact that VAT at 20% is not allowed to be deducted. It was part of the business plan when the SNP put the plan together for one force in Scotland. That was physically part of the plan. Is this a new type of politics that is happening in Scotland, in which the SNP put a business plan together, get agreement, and afterwards say that it does not like it and wants to change it—a bit like with a referendum that took place not so long ago, which it is not very happy with either?
I listened very carefully to the Opposition spokesmen, especially the shadow Policing Minister, who made a very powerful case for canoeing activities in his constituency—
Mike Penning
Absolutely, so perhaps the police and crime commissioner could explain why he has not spent part of the £153 million reserve in the West Midlands on that. Perhaps we should look at the polling in May when, as we have heard, the Labour party will have candidates in all 43 PCC areas. In its manifesto it said that it would not do that—it was going to abolish PCCs because they were wrong, expensive and unnecessary. It did not want them.
Mike Penning
No. Perhaps Paddy Tipping and Vera Baird convinced the Labour party that they would not accept being abolished. It is entirely up the electorate in England and Wales who to elect, but we should look carefully at the record of some PCCs around the country, especially Labour PCCs, where the cuts to front-line police have been the greatest.
Mike Penning
No. Perhaps we should look carefully at the only force in the country that is cutting the precept—Hertfordshire, in my part of the world. Why is it cutting it? Because part of the reserves that have been built up over the years will be used.
Mike Penning
I will not give way.
We have complaints when we use the precept, and complaints when we cut it. We should be talking about what is delivering the best policing in this country. Has crime dropped since 2000? Yes. For the first time we have a Conservative Government who have the courage to include new types of crime in the statistics. These crimes have not just suddenly appeared in 2010 or 2015. They have been going on for years, but the previous Labour Administration refused to include them in the statistics. Will it be difficult for some forces? Yes, it will. Is it the right thing to do? Yes, and that is crucial.
We have heard today quite a lot of scaremongering. There has been an increase in reporting domestic violence—quite rightly, I hope we will all agree. Every time I am at this Dispatch Box I say that we want people to have the confidence to come forward and report domestic violence, and it was not being reported correctly when we first came to government. We changed the reporting rules for how crime is reported.
Jake Berry
In the short time remaining, will the Minister address my concerns about what further protections can be given to special constables, and say whether the Government will act to extend the protection of the Police Federation to them?
Mike Penning
I was just coming on to special constables, because they were derided by the Opposition. Volunteers—what a terrible thing to have in a police force! Our specials are the most important people in the community. They come forward and do not get paid and only receive expenses. In my constituency, a special was attacked when on duty one evening. They laid his leg across the kerb, jumped on it and snapped his leg. The sort of protection that we should have—we will look at this, because it is vital—should mean that a special constable or a warranted officer has exactly the same protection as any other police officer in this country, and I speak weekly with the Police Federation about that.
I will respond as soon as I can to the issue raised by the right hon. Member for Leicester East (Keith Vaz), because I want to get this right. A lot of work is going on, particularly with the chief constables, about how we can get better collaboration on capabilities going forward. It is not possible to come up with new formulas until I understand fully where the chief constables will stand on capabilities. The right hon. Gentleman said that the chief constables had not been in contact with me, but I have met three chief officers in the past seven days, including PCCs, and discussed the issue face to face. I have not spoken to all 43 since the report, but I will ensure that I meet them all.
On Monday I have been asked to go to Didcot by the chief fire officer to thank the emergency services, and I am sure the whole House will join me in that. I hope that the country and the House will not listen to scaremongering from Labour Members who wanted to cut police funding by 10% or more.
Question put.
Oral Answers to Questions
Mike Penning Excerpts(8 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Damian Green (Ashford) (Con)
9. What assessment the Government have made of the potential merits of the proposed duty on emergency services to collaborate.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
There are examples across the country of excellent collaboration between the emergency services, particularly the H3 project in Hampshire, where collaboration between the emergency services has driven efficiencies and a better service for the public. Police and crime commissioners will have a duty to collaborate when the Policing and Crime Bill currently before the House becomes law.
Mr Mak
Hampshire fire service and Hampshire police service share a joint headquarters building, resulting in financial efficiencies and a more joined-up service for my constituents. Will my right hon. Friend join me in congratulating both Hampshire emergency services on taking the lead in collaborative working?
Mike Penning
I had the honour and privilege of being in Hampshire recently and saw for myself the brilliant work being done between the emergency services. That is a result of the collaboration between the chief fire officer and the chief constable, as well as the police and crime commissioner doing excellent work to see that we have the right sort of emergency service for the 21st century.
Damian Green
Does my right hon. Friend agree that it is important that the new generation of police and crime commissioners who will be elected in a couple of months get behind this very important reform? Will he join me in welcoming the commitment of the excellent Conservative PCC candidate in Kent, Matthew Scott, and his strong desire to implement these vital reforms?
Mike Penning
I have seen what Matthew Scott is proposing to do when, as we on the Conservative Benches all hope, he becomes the police and crime commissioner. We need to ensure that we spend taxpayers’ money efficiently and well, and collaboration is the best way forward for that.
Kate Hoey
Thank you, Mr Speaker. The Minister is well aware that the fire and rescue services collaborate well all over the country, particularly with the ambulance trusts. Why does he consider it necessary for police and crime commissioners to take control of the fire services under the Bill? Surely the two organisations are so different in so many ways that collaboration is possible without the PCC running our fire services.
Mike Penning
The truth of the matter is that someone duly elected to run the service, as the PCC would be, is better than anybody seconded on to any committee. I am sure we all want efficient emergency services, and the fire service working closely with the ambulance service and the police is the way we would like to do that.
Fiona Mactaggart (Slough) (Lab)
Critical to collaboration between emergency services will be their communications networks. How much will the new emergency service communications network cost, and when will it be in place?
Mike Penning
We are currently going out to contract. There are bids out there, which are confidential. We know that the excellent Airwave system that we have had for many years needs replacing. It was very expensive and the replacement will be cheaper than Airwave.
Royston Smith (Southampton, Itchen) (Con)
Shortly the police and crime commissioners will be able to put forward a business case to take over the governance of fire and rescue services. My hon. Friend the Member for Havant (Mr Mak) pointed out what Hampshire already does. At present we have a commercial trading arm which completely pays for the governance of the fire and rescue authority. What business case can a police and crime commissioner put forward that would allow him to run that service?
Mike Penning
The local community may want a more efficient service, which could be the case in Hampshire. I accept that Hampshire is particularly good, but that is not the case all over the country. Even when I was in Hampshire, there were people asking me for more collaboration and more work to be done together, and that request came particularly from the front-line operatives, who are probably the most important people in all this.
Lyn Brown (West Ham) (Lab)
Given the funding cuts to the police service and the fire and rescue services already budgeted for by this Government, can the Minister guarantee that placing fire and rescue services under PCC control will not lead to further cuts in the number of front-line firefighters?
Mike Penning
Thank goodness the Chancellor did not listen to Labour Front-Benchers when we looked at police funding to 2020, because they wanted a 10% cut, and there will be no cut. We must make sure that we have an efficient service—the sort of efficient service I would have liked to have had when I was in the fire service—and that will be going forward.
Will Quince (Colchester) (Con)
6. What assessment she has made of trends in the level of knife crime.
Mr Graham Allen (Nottingham North) (Lab)
8. What steps she is taking to encourage police and crime commissioners to support early intervention programmes; and if she will make a statement.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
The Government have supported the first police early innovation leadership academy and provided grant funding for the Early Intervention Foundation. This is really interesting work being done to protect young children. Naturally we will help and encourage chief constables and PCCs up and down the country to help to reduce crime, support victims, and closely engage with their partner agencies, such as the foundation.
Mr Allen
The American comedian Eddie Cantor said, “If those currently on the most-wanted list had been the most wanted as children they would no longer be on the most-wanted list.” In that context, will the Minister welcome the work that his Department is doing with the Early Intervention Foundation in creating police leaders’ academies on early intervention, and will he ensure that funding is available so that every police and crime commissioner elected this year can attend such courses, as this is the best crime prevention measure we know?
Mike Penning
I praise the work of the Early Intervention Foundation; the work it does is very important. Other agencies also do really important work. We all know that if we can catch them young we can prevent people from turning into the types of criminals that sadly this society sees too often in our prisons.
Sir Eric Pickles (Brentwood and Ongar) (Con)
Following the Government’s troubled families programme, there can be no doubt that early intervention works—it reduces petty crime, encourages school attendance, and gets people into jobs. However, it has become clear—this is why what the Minister is saying is very welcome—that without the active participation of the police such programmes are somewhat ineffectual, so I hope that we will ensure that every chief constable and every commissioner will regard this as a high priority.
Mike Penning
I am sure that every chief constable, police and crime commissioner and PCC candidate has heard exactly what my right hon. Friend has said. That is why we have put the money into the foundation and why we are doing a review of the early intervention academy for police leaders, so that we can have proof of the outcomes and let the money follow good resources.
Melanie Onn (Great Grimsby) (Lab)
Humberside police has 500 fewer officers than five years ago, across north-east Lincolnshire we have had a 38% rise in violent crime, and sexual offences are up 18%. Is it not the reality that early intervention is not a priority for the police on the ground and that it is being pushed on to ill-resourced local authorities?
Mike Penning
I am sure that the Whips Office wrote the hon. Lady’s question, because every single time we hear from the Labour party, it wants more money, and yet its Front Benchers want to cut funding to the police force—[Interruption.] That is the reality.
Tom Pursglove (Corby) (Con)
11. What the take-up of the TrackMyCrime service among police forces has been up to date.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
As I wrote earlier, four police forces currently use TrackMyCrime—Avon and Somerset, Kent, South Yorkshire and Humberside—with more to come. According to Minerva IT consortium, it will be made available to 22 forces, including Northampton.
Tom Pursglove
How successful has TrackMyCrime been in supporting victims of crime and keeping them up to date with investigations?
Mike Penning
I wrote my previous answer earlier, because I did not know what was going to be asked. The truth is that if all victims know exactly what is going on once they have reported a crime, they will have confidence in the criminal justice system. TrackMyCrime will help in that regard.
Jeff Smith (Manchester, Withington) (Lab)
12. What progress her Department has made on reviewing the status of poppers within the Psychoactive Substances Act 2016.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
T5. The Government have always justified their cuts to policing on the basis that crime has not gone up. Since 2010, Greater Manchester police force has lost 1,664 officers, which is more than any other force. Recorded crime in Greater Manchester is now going up, and it is doing so faster than in any other metropolitan area. If crime continues to rise, will the Government reconsider their reductions in the number of front-line police officers, as would be reasonable?
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
Let us go over this again. The Government have not reduced the number of police officers on the frontline. Actually, the percentage on the frontline has gone up. The one party that wanted to cut the police budget at the last election was the Labour party—a group of people we did not listen to.
Dr Matthew Offord (Hendon) (Con)
T7. What steps is the Secretary of State taking to ensure that police services continue reforms better to protect the public?
Oral Answers to Questions
Mike Penning Excerpts(8 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Helen Hayes (Dulwich and West Norwood) (Lab)
9. What recent progress she has made on reviewing the police funding formula.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I announced in the House before Christmas that I was delaying the implementation of the new funding formula. We are considering the next steps, especially in the light of the excellent spending review settlement on behalf of the police that the Home Secretary has managed to get. I will update the House on the decisions I will make in the near future.
Helen Hayes
In the autumn statement, the Chancellor said:
“I am today announcing that there will be no cuts in the police budget at all. There will be real-terms protection for police funding.”—[Official Report, 25 November 2015; Vol. 602, c. 1373.]
We seem to have smoke and mirrors on police funding, because we now know that the draft settlement for the Metropolitan police in fact contains a 10% cut. That is in a context of increasing need, not least the need to investigate allegations of child abuse that occurred in the past. That need will increase as the Goddard inquiry gives victims and survivors the confidence to come forward. Will the Secretary of State commit to resource such investigations separately within the new formula so that they can be completed quickly and so that the perpetrators, many of whom are now elderly, can be brought to justice before it is too late?
Mike Penning
I do not recognise the figure of a 10% cut to the Metropolitan police, and neither does the commissioner nor the Mayor. I think the level of spending was a surprise to Labour Members, considering that they wanted a 10% cut across the board. We did not go along with that.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
18. May I press the Minister, when there is a review of the funding formula, to take into consideration the additional costs involved in policing rural areas such as Shropshire?
Mike Penning
When the previous Government announced a review—in 2006, I think—that was one of the reasons why they looked at the funding formula so closely. Yes, we most certainly will look at funding for rural constituencies and rural police forces, just as we will look at why that is so opaque under the present system.
Jack Dromey (Birmingham, Erdington) (Lab)
The police were the unsung heroes of the floods crisis, which was the latest example of the growing pressures on a diminishing police service. The Policing Minister was right to apologise for the omnishambles of the chaos over the police funding formula. Will he also admit that it is simply not true that there will be, in the words of the Chancellor,
“no cuts in the police budget at all”?—[Official Report, 25 November 2015; Vol. 602, c. 1373.]
Mike Penning
I visited Lancashire last Thursday on my first visit as the fire Minister as well as the Policing Minister. Although I absolutely praise the work of the police force, which went way beyond what we would expect any of our officers to do, all the other emergency services did so as well. The chief constable thanked me for making sure that there were no cuts.
Andrew Bridgen (North West Leicestershire) (Con)
Will the Minister confirm that when the precept is taken into account, it could mean extra funding for the police of up to £900 million across the country by 2019-20?
Mike Penning
My hon. Friend is absolutely right. If police and crime commissioners take the opportunity of the precept increase, it will amount to an increase of just under £1 billion or just over £900 million, rather than the cut of 10% that the Labour party wanted.
Natalie McGarry (Glasgow East) (Ind)
10. Under what circumstances her Department permits the immigration of children to join relatives living in the UK.
Dr Andrew Murrison (South West Wiltshire) (Con)
12. What steps she is taking to reduce the administrative costs of policing.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
The Government have made it easier for the police to do their job by cutting red tape, scrapping bureaucracy, ending targets and giving officers the discretion of their professional judgment. In my hon. Friend’s constituency, the number of front-line officers has increased from 87% to 90% in the past 10 years.
Dr Murrison
The TaxPayers Alliance and HMRC have made clear that they consider Wiltshire to be both efficient and effective administratively in delivering first-class services, so good governance does not have to be taxing. Is the Minister confident that the existing legislative framework allows sufficient latitude for reforming police and crime commissioners, such as Wiltshire’s Angus Macpherson, to flatten and de-layer management structures and rationalise working practices in the interests of front-line policing?
Mike Penning
The Home Secretary has already announced that we will be bringing forward legislation in this Parliament to give police and crime commissioners the powers they need. Around the country, many PCCs are already collaborating. We are going to head that up here in government.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
There has been a lot of smoke and mirrors from this Government around police funding. Given the specific proposal, which I support, to increase the number of armed units in places such as Cardiff, will the Minister assure us that that will not be at the expense of crucial back-room offices and other front-line policing, such as stopping firearms getting into the country in the first place?
Mike Penning
I can categorically give that assurance, but savings can be made in the back room. We have seen savings made across the country through collaboration with other agencies, in particular the fire service.
Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
13. What recent discussions she has had with the police on the police grant settlement.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
The Home Secretary and I have regular meetings with our police partners on issues including police funding. The Government have already published, on 17 December, the police funding settlement for 2016-17. The consultation will finish at 5 pm on 25 January.
Gerald Jones
The House may be aware of the comments last week by the Conservative police and crime commissioner for Staffordshire that police forces are once again having their budgets cut, despite promises in the spending review. Will the Minister confirm that the message has got back to the Chancellor that his claim that police funding is being protected is incorrect?
Mike Penning
The Chancellor announced a settlement of zero cuts. The Labour party wanted 10% cuts. We did not think that was right and that is why we did not do it.
Marcus Fysh (Yeovil) (Con)
14. Yeovil police station in my constituency is threatened with closure under a local decision. Does my right hon. Friend agree that, with funding now safe, proposed closures in areas that can suffer from antisocial behaviour should be paused to allow further consideration?
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
Whether police stations are open or not, and where they should be open, is an operational matter for the police force. I am sure that my hon. Friend’s local force commander and the police and crime commissioner have heard exactly what he says, but this is a matter for local policing and not something for the Minister to get involved in.
Mr Peter Bone (Wellingborough) (Con)
On the police funding settlement, would it help the Minister if, when the country votes to come out of the European Union, part of the £350 million a week the UK people give to Europe was spent on police funding?
Mike Penning
The Home Secretary negotiated brilliantly the funding agreement for the next four years. That was exceptionally good to hear.
Maggie Throup (Erewash) (Con)
15. What steps the Government have taken to tackle violence against women and girls.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
T4. Figures released recently from the Met police show that serious youth violence is continuing to rise across the capital. Since being elected last year, I have lost three of my constituents to serious youth violence. Young people need to be safe on our streets. It is an issue for all of society. Can the Minister not see the link between rising numbers of knife crimes and falling numbers of police officers? London’s Mayor has been letting people down. Is it not time for a Labour Mayor of London?
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I did not realise there was going to be a party political broadcast on behalf of the Labour candidate for Mayor of London on such a serious subject. It was this Government that brought in the legislation, with the help of Nick de Bois, to ensure that those caught with a knife twice will now get six months. That is the sort of legislation we need, but we need to work harder. The Met police do a fantastic job and we should not run them down.
Michelle Donelan (Chippenham) (Con)
Despite the UK’s strong commitment to allowing 20,000 legal refugees into the UK, the fact remains that there are still thousands trying to enter illegally through the channel tunnel. What does the Minister think can be done to protect freight companies such as Broughton Transport in my constituency, which is threatening job losses and the end of the company?
Marie Rimmer (St Helens South and Whiston) (Lab)
T5. The police are coming under increasing strain, picking up the pieces as other public services are slashed. Last summer, however, a National Audit Office report stated that the Government have little understanding of the crucial job that the police do. Will the Home Secretary advise us of the effort she has put into understanding the increasing demands put on the police?
Mike Penning
I think we all understand what a fantastic job the police do in the 43 forces in England and Wales. For many years, they have done jobs that are not part of their front-line job, particularly around mental health. That is why the triage of mental health and mental health professionals in custody suites and elsewhere is a really important step forward. I fully accept what the hon. Lady says and that we need to do more.
David Rutley (Macclesfield) (Con)
Further to earlier questions on the important issue of illegal immigration, will my right hon. Friend tell us what assessment has been made of the effectiveness of the Immigration Act 2014 in tackling this critical issue?
Paula Sherriff (Dewsbury) (Lab)
T6. The Home Secretary will know of the vital work undertaken by the British Transport police to keep the public safe and support policing in her Department. In written answers today, however, Ministers have refused to rule out reducing the number of front-line officers, following the spending review. Does she agree that no police cuts should mean no cuts to policing levels, and will she urge her colleagues in the Department for Transport to rule out such cuts?
Mike Penning
As Minister for Policing, Crime and Criminal Justice in the Home Office, I work closely with the Secretary of State for Transport who is responsible for the British Transport police. I am sure he will have heard the hon. Lady’s comments, and I will talk to him about them, but this is not a matter for the Home Office.
Henry Smith (Crawley) (Con)
Last week, an officer in Crawley suffered an appalling hammer attack. I am pleased to say that he has now recovered. Will my right hon. Friend pay tribute to the professionalism of Sussex police, which now has the prime suspect in custody?
Mike Penning
Let me say what a fantastic job that officer does, along with other officers. I hope that a full recovery happens soon. Body-worn cameras are going to transform policing, particularly assaults on officers, as can be seen from the roll-out of the pilots. Evidence like that is putting away the sort of criminal people who assault our officers.
Jo Cox (Batley and Spen) (Lab)
T8. The message from my constituents who make applications to UK Visas and Immigration is that there is a distinct lack of fairness in the current system. They have a strong sense that the deck is stacked against them, their families and their ability to exercise their legal rights. Will the Minister take steps to address that, not least by allowing staff to exercise discretion in their deliberations in the better interest of fairer decisions on visa applications?
Oral Answers to Questions
Mike Penning Excerpts(8 years, 8 months ago)
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The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I made a statement to this House last Monday, and since then, as Members can imagine, I have had lots of good working relationships with police and crime commissioners. Frontline policing is a matter for frontline police, chief constables and their PCCs; it is not a matter for Ministers to interfere with.
Ruth Smeeth
I thank the Minister for that answer, but the issue of frontline policing relates to the budget awarded to each police and crime commissioner. Staffordshire has already lost 447 warranted police officers since 2010 and we are looking at losing a further 300 under the current funding settlement. Given the importance of policing to the Prevent agenda—it provides a vital resource for Prevent—can you assure me that you will work with police and crime commissioners to review the budget?
Mike Penning
I am not sure that Mr Speaker is going to be reviewing the budget, but I certainly will be looking very carefully at it. The number of frontline police officers in the hon. Lady’s constituency is up in percentage terms compared with what was there before, and crime is massively down. No one knows what the budget will be, because I have not announced it yet.
David Rutley (Macclesfield) (Con)
20 . Technology is increasingly playing an important role in tackling crime. Given the encouraging results from body-worn video cameras, what steps is my right hon. Friend taking, and what plans does he have, to work with police and crime commissioners to enable more frontline police officers to benefit from this technological advance?
Mike Penning
A lot of new technology is coming into force, along with different crimes—we have a completely different crime pattern these days from what we have inherited over the years. Body-worn video cameras in particular are transforming frontline policing. They are a wonderful asset. If police and crime commissioners and their chief constables are not looking at them now, I fully expect most of them to do so in the very near future.
John Woodcock (Barrow and Furness) (Lab/Co-op)
I am confused. If the Minister’s decision to suspend the imposition of unprecedented cuts on Cumbria’s police force because he wants them to be £5 million greater is not interfering with frontline policing, I am not sure what is. Will he at least reassure my worried constituents and those across the county that he will not go ahead with the £31 million of cuts, which he somehow managed to forget to announce when he said the figure would be £26 million?
Mike Penning
I stood at this Dispatch Box last week and announced that we would stick with the existing funding formula for 2016-17. I did not forget anything—I announced it and was questioned very fully. Crime has fallen in Cumbria, which the whole House will welcome.
Kevin Foster (Torbay) (Con)
What particular discussions does the Minister plan to have with the police and crime commissioner for Devon and Cornwall about the future funding formula for policing, given that the majority of demand on police time now comes from non-crime activities and the current formula is based purely on crime?
Mike Penning
The police and crime commissioner for Devon and Cornwall found a mistake we had not noticed in the funding matrix and I fully apologised for that in the House last week. I will work very closely with the PCC for Devon and Cornwall, not only on the new policing formula, but on the nature of crime, which is changing around this country on a daily basis.
Jack Dromey (Birmingham, Erdington) (Lab)
I strongly agree with the statement made by the Home Secretary earlier in solidarity with the French people, the victims of barbarism—a barbarism that will never be allowed to triumph.
Neighbourhood policing is the bedrock of policing yet, despite promises to the contrary, 12,000 police have gone from the frontline in the past five years. From Cornwall to Cumbria, police and crime commissioners of all parties are expressing concern. Does the police Minister agree with the Conservative PCC for Thames Valley, where the Home Secretary and the Prime Minister live? He says that the cuts have “gone too far”, run the risk of reversing a generation of progress on crime and will endanger investment such as that for combating child sexual exploitation. Is he right?
Mike Penning
What the police and crime commissioner of Thames Valley should be congratulated on is cutting crime by 31% in the past five years, with a very difficult spending round. As we develop the new funding formula, I am sure there will be lots of conversations across the House about how the process should be taken forward. There will be winners and losers, but at present it is suspended. I congratulate Thames Valley on the work it has been doing.
Steve McCabe (Birmingham, Selly Oak) (Lab)
11. What assessment she has made of the ability of each police force to tackle cybercrime.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
Cybercrime is a threat that the Government take very seriously. In the last Parliament, the Government committed £860 million to the national cyber-security programme, and we will continue to invest in that programme.
Steve McCabe
It is estimated that cybercrime is costing the UK at least £34 billion annually. If we add computer crime to October’s headline crime figures, we see that they more than double to over 14 million offences. Yet the City of London police, one of the lead forces, argue that less effort should be put into solving crimes against victims whom they judge not to have taken sufficient precautions. Does the Minister share my concern that this amounts to a charter for criminals?
Mike Penning
No, I do not. I think that our personal security is a very important thing. We also have responsibilities as citizens to make sure that our computers in particular have the right software so that it is more difficult—not to stop it completely, but to make it more difficult—for cybercrime to take place. We are taking cybercrime very seriously, which is why we have put it in the crime statistics for the very first time.
Chloe Smith (Norwich North) (Con)
Norwich airport in my constituency suffered a minor cyber-attack on its website last week. First, will the Minister join me in encouraging businesses to check their defences? Secondly, will he redouble his efforts to ensure that we are safe from cyber-terrorism in the light of the callous attacks, about which we are all agreed?
Mike Penning
My hon. Friend makes a very important point. As I said, we have a responsibility personally, but so do companies. We are working very closely with the banks in particular, but all companies have a responsibility to protect the data they hold, particularly individuals’ personal data.
Tommy Sheppard (Edinburgh East) (SNP)
12. What timetable she has set for resettlement of Syrian refugees; and whether she plans to increase the number of such refugees that the UK will accept.
Nic Dakin (Scunthorpe) (Lab)
T7. In its inadequate judgment, Her Majesty’s inspectorate of constabulary found that Humberside police are not prepared to face their future financial challenges. Can the Home Secretary guarantee that there will be no more cuts in Humberside police’s funding that would further jeopardise their ability to deliver safety and security for my constituents?
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I cannot stand at the Dispatch Box and make any guarantees, as the funding formula beyond 2016-17 has yet to be debated and the Chancellor has not made his autumn statement. I praise the work of Humberside police. They have developed some really interesting innovations and collaborative work, but obviously more needs to be done nationally as well.
James Cleverly (Braintree) (Con)
T4. A marauding terrorist firearms attack of the type we saw in Paris is a scenario the security services, police forces and others have trained and exercised for over a number of years. Will the Security Minister update the House on what lessons we might be able to learn from the terrible incidents in Paris to further protect the people of Great Britain?
Mr George Howarth (Knowsley) (Lab)
Does the Home Secretary accept the word of the police and crime commissioner for Merseyside, Jane Kennedy, when she says that proposed budget cuts will affect the ability of the police to deal with serious and organised crime, sexual crimes and hate crimes? Does she not think that the police and crime commissioner is in a better position to know this than she is? If not, why did she create the position in the first place?
Mike Penning
We created police and crime commissioners because they are locally accountable, which is exactly what happened in the May elections. PCCs were opposed by the Labour party. There are excellent police and crime commissioners out there, but at the end of the day the Government have to decide police funding. We have not come to a conclusion yet. The House will have to wait.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
T8. Following a recent stabbing in Basildon, there is increased concern about the devastating effect of knife crime. Will my right hon. Friend tell the House what more she can do to deter young people from carrying knives? Will she give her support to organisations such as Only Cowards Carry, which works with schools and other local organisations to highlight this issue?
Luke Hall (Thornbury and Yate) (Con)
T10. Following the pause in developing a new funding formula, will my right hon. Friend assure me that the Department will work with PCCs and chief constables to find a formula that works for my constituents in Avon and Somerset?
Mike Penning
It is important that chief constables and PCCs buy into the new formula, which they asked for when they said the existing formula, which had been around for a very long time, was opaque and complicated. So of course we will work with chief constables and PCCs from around the country. They welcomed that in respect of the initial funding formula, and I am sure they will do the same now.
Diana Johnson (Kingston upon Hull North) (Lab)
With the massive cuts to police forces, my local police force, Humberside, is now judged to be inadequate by Her Majesty’s inspectorate of constabulary and has the lowest level of officers since 1979. On that basis, my constituents would like to know this: how is it that the Home Office can fund 42 press officers but not police officers on the beat?
Mike Penning
I answered that question, up to the last part, earlier on. Humberside has done really well over the last five years—the level of crime is falling massively—but we will all have to wait for the autumn statement, although I have acknowledged that the existing formula will be used through to 2016-17, which was welcomed in the House last Monday when we paused the process.
Kelly Tolhurst (Rochester and Strood) (Con)
According to statistics released over the summer, many areas of Rochester and Strood, in common with many urban areas, continue to see incidents of serious crime, which is a major concern to my constituents. Will my right hon. Friend assure them that police forces such as Kent will still be able to field effective front-line services under revised funding formulas?
Mike Penning
Kent has been at the front line of innovation, in particular through the piloting of things such as body-worn cameras. It is doing remarkably well, but we must ensure a fair and transparent funding formula that everyone can understand. That way we can move forward.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
In his statement the other week, the police Minister kindly agreed to reconsider police funding for Cardiff, given how other capital cities across the UK are funded. Given the tragic events in Paris and the particular challenges faced by cities hosting major sporting and cultural events, will he meet me to discuss how to ensure the resources are there for cities such as Cardiff?
Mike Penning
I remember last Monday very well. I promised I would consider carefully how Cardiff was funded, and we will do so as part of the funding formula as we go beyond the 2016-17 formula.
Tom Pursglove (Corby) (Con)
Large sums of money have been spent on PCC by-elections since their introduction in 2012. Have any discussions taken place about changing the law to require deputies to be elected alongside commissioners and remove the need for a by-election, and to divert that money to front-line policing?
Policing
Mike Penning Excerpts(8 years, 8 months ago)
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Neil Coyle
So the hon. Gentleman is suggesting that Southwark police are not using their resources properly. Brilliant! I thank him for that contribution.
I have met Mariama Kamara, the mother of Mohammed Dura Ray, and I am organising a knife amnesty in the constituency. The Prime Minister said he was unable to meet Mariama to discuss her concerns about policing locally. I hope that the Home Secretary or another Home Office would be willing to meet her.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
I am naturally prepared to meet any constituents, so the hon. Gentleman could take that up with my private office, which is listening.
Neil Coyle
Fantastic. I am pleased to hear that news, and thank the Minister for jumping to his feet to make that assertion so quickly.
Residents tell me that visibility and trust are the key to local policing, as well as the key to both public and business confidence. That confidence is lacking. We have seen the closure of Rotherhithe police station and the change from safer neighbourhood teams to the cluster of five wards of PCSOs. That has taken officers off the streets, which has contributed to the rise in crime in particular areas. Trust is essential to effective policing, and PCSOs are some of the most trusted officers we have right on the frontline in our local communities. They are the most reflective and representative part of the Met police, and they are the ones most likely to face the cuts proposed in the comprehensive spending review.
In the face of rising crime and the prospect of what lies ahead, I ask Ministers to think what message they are sending to my constituents and local businesses if they continue along the course of cutting the numbers of police officers. In particular, I ask them what message they are sending to my constituent, Mariama Kamara, after the loss of her son. If the track record of local policing is not improved, her son’s death may never be solved.
The Minister for Policing, Crime and Criminal Justice (Mike Penning)
We have had a really good debate, up until the last five minutes. I always stand up and say in public that I am proud to be the Minister responsible for the best police force in the world, so how the hon. Member for Birmingham, Erdington (Jack Dromey) can say that we never stand up for the police, I do not know. That was a strange thing to say. Colleagues who read Hansard tomorrow will see that Members on one side of the House have been supporting the police this afternoon and that those on the other side have been scaremongering yet again.
Thirty-four colleagues have made speeches this afternoon, and many of them have talked about the size of the police force. What I am interested in, as the Policing Minister, is how many police are on the frontline doing policing jobs. I am sure that other colleagues are interested in that, too. We are interested in how many warranted officers are out there. Her Majesty’s inspector of constabulary has said more than once that the size of the workforce gives no indication whatsoever of the quality of the service, and that it is the quality of the policing that matters.
We are still in the consultation, which, with the Home Secretary’s permission, we have extended so that more colleagues, police and crime commissioners and chief constables can have a say in the funding formula changes. The chief finance officer for Lancashire has said:
“We welcome the Government’s decision to fully review the police funding formula”.
Tony Lloyd, the police and crime commissioner for Greater Manchester, has said:
“I therefore urge you”—
presumably he means me and the Home Secretary—
“to commence the review as soon as possible.”
Several of my predecessors have spoken in the debate today, and in earlier debates, saying that chief constables and PCCs from the 43 police authorities for which we are responsible banged on their doors and said that the funding formula policy was opaque and not fit for purpose. That is why we have come forward with a new funding formula. I have said from the outset that there will be winners and losers, and that is true. We are still very much in listening mode, however. I am still in listening mode, and I would not do anything else, because if you have a consultation, that is exactly what you should do.
We have also heard extensively, particularly from Opposition Members, that crime is rising and that fraud has suddenly appeared in the statistics. Well, fraud has been out there for some time, but only one Government have had the courage to put cybercrime and fraud into the statistics—this one. We are leading the world by saying that crime is changing and that those crimes should appear in the statistics.
The hon. Member for Birmingham, Erdington said that crimes such as sexual offences, fraud and domestic abuse were rising. As the Policing Minister, I am absolutely chuffed that people have the courage to come forward and report those crimes. The Office for National Statistics has said that the overall increase is likely to be due to the increased reporting of certain offences, such as fraud, sexual offences and domestic abuse. The ONS is not issuing a puff on behalf of the Government; it is saying what it thinks the rationale behind the figures is.
Any crime in any community is really difficult, but crime has fallen while we have reduced the funding for the police. That truly must be one of the most important things that we can look at. It is not so much about how much money you throw at the police. The previous Administration threw money at the police force over 13 years, but what did we get from that? Did we actually get warranted officers? We are now looking carefully at the funding formula. We will also make sure that we look very carefully at capabilities.
Mike Penning
I apologise to the Chairman of the Home Affairs Committee, but I have limited time. If I find time towards the end of my speech, I will give way, but I will not do so at the moment. [Interruption.] We would have had a lot more time if the shadow Minister had not kept on interrupting Back Benchers all the way through the debate, and Back Benchers would also have had more time to speak. I will just use my time, if I may.
One of the eminently important things to do is to make sure that the money we give to forces is spent correctly and that forces spend it. Our 43 authorities have £2.1 billion in reserves. I will not name and shame each individual force, but—at the end of the day, we are talking about money being tight, and there are real issues about forces wanting more money—hon. Members should take a close look at the forces that have £2.1 billion of taxpayers’ money sitting in reserves. They should take a look at how their local forces do procurement. They should go on to the Home Office website and look at how much their local force spends on body armour. For instance, why does one force spend nearly £300 more on body armour? All body armour has to be type-approved and it cannot be done on the cheap, so why is that the case? Why does one force have 100 warranted police officers not on operational duty because they are not fit? Some 10% of its operation force is not in. If they are not fit for duty, sadly—as when I was a fireman and was not fit for duty—they have to leave, because we need people on the frontline to do those jobs.
As was said by my colleagues on the Government Benches, when we look around the country, we can see forces that are doing exceptionally well in working with other blue-light organisations, particularly the fire service. We can look at Hampshire, which has been very well represented on the Government Benches during the debate. Hampshire has been enormously forward-thinking in what it has done. I have been to Winchester, where the brand new fire station happens to be in the police station. If one goes across the yard where the police and the fire service jointly train, one finds the police firearms unit at the bottom of the yard. That was a joint procurement, and it is a joint way of working. We need to see more of that, and we will.
Mike Penning
I will not give way at the moment.
Like Hampshire, other forces have real skills. I know the marine service in Hampshire does excellent work, and we need to look carefully at how it is funded in this difficult funding situation. Other forces around the country are starting to work with other blue light services. In Northamptonshire, the very forward-thinking PCC is not only bringing the fire service alongside the police, but is talking very closely to other blue light services, particularly the ambulance service.
In Hertfordshire, which is my own force, I have one of the best chief fire officers in the country. He must be, because just under 10 years ago he helped to put out Buncefield. He was the chief fire officer at Buncefield, which blew up half of my constituency. He is the chief executive of the PCC’s office, so he and the PCC can work closely together, keeping costs down and making sure that that approach is the way forward. We can see not only where that is starting to work, but how other forces can learn from the work being done in places such as Hampshire and Northamptonshire.
During the course of the debate, I did not want to interfere in Scottish National party Members’ little personal disagreements with Labour Members, but I thought that I might just help them a bit now. In an intervention earlier on, I think the lead spokesman for the SNP mentioned the effect that VAT is having. [Interruption.] Well, whichever SNP Member it was because, to be fair, one of them did. There was a bit of whingeing—that is what it is called in my part of the world—about VAT.
During the debate, I decided to take a look at why the Scottish nationalists are so worried about the fact that they cannot get their VAT refund. As they put their business plan together for combining the fire and police services in Scotland, including the savings they thought they would make, they took into consideration the fact that they would not be able to claim VAT back and would not get VAT refunds. I therefore find it strange that having done their business plan in 2012 and brought it in, they come to the House today to complain about the Chancellor not giving them their VAT refunds.
We heard a contribution from the Welsh nationalists earlier, with a lot of talk about the Silk commission and its recommendations as to whether or not policing should have been devolved. There was no agreement on the Silk commission by the political parties in Wales in respect of whether policing should be devolved. That is the situation. When they are trying to agree on what was going on, it is important that we get the facts absolutely correct.
As Members on both sides of the House have said, in the 21st century we need to make sure that the money of the taxpayers who send us here is spent correctly. We need to make sure that we continue to have the best police force in the world. We need to make sure that the public have trust in the police force in this country. It is imperative that the people elected to this House to represent their communities do not scare them with estimates of how many police they will lose, whether they will be attacked on the way home and whether there are different situations going on. Nobody knows exactly what the funding will be. Some Members have conflated the spending review, the funding formula, the chiefs looking at where co-operation can take place and whether some forces would like to amalgamate formally—I do not know whether that is the case, as no business plans are on my desk—or informally, as West Mercia and Warwickshire have done, very successfully. A lot more work could be done across the country, but we should not, as politicians, stand in Parliament and scare our constituents by saying that the police force in this country is going to collapse or that crime is dramatically rising, because it is not.
It is fundamentally wrong for an Opposition party to campaign against cuts and then for Opposition Members to come to this House to tell us that they would have a 10% cut—if people were stupid enough to elect them. That is seriously dangerous. As with their policy on PCCs, they have no policies. Vera Baird and Paddy Tipping clearly won the argument in the Labour party, saying that it should reverse its policy and there has been another huge U-turn on PCCs. Now the Opposition have said, with all their colleagues behind them, “The cuts the Tories have made over the last five years are terrible. They are massively affecting policing in our community. Oh, by the way, we will cut it by another 10%.” It is an absolutely ludicrous position. Anybody with any sense will not be going through the Lobby with the Labour party. The Scots Nats are not going to go through with the Labour party, and that tells me something.
Question put.