Policing and Crime Bill (Fourth sitting)
Debate between Mims Davies and Lyn Brown(8 years, 9 months ago)
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Lyn Brown
We have a diversity of authorities in the country. When a fire and rescue authority is part of a council, the council provides the scrutiny of the fire and rescue function. There is an in-built scrutiny of the fire and rescue services by the local authorities. The Bill requires a PCC to provide police and crime panels with relevant information regarding their role as the fire and rescue authority. Police and crime panels are currently comprised of members understandably concerned primarily with matters of policing, so the new role will present a considerable extension of the role of the police and crime panel.
The Home Office currently provides funding to cover the cost of operating police and crime panels under the new burdens principle. However, the Home Office is yet to confirm to panels whether the funding will be available from 2016-17. In addition, the Home Office funding currently amounts to only £53,000 per panel annually. The Home Office calculated the amount to be paid to panels on the basis that they would need to hold only four meetings a year to provide the PCC with the light-touch scrutiny that it was thought was needed. Panels have struggled to ensure that they provide appropriate scrutiny of the PCC and fulfil their statutory duty in just four meetings a year, and they will struggle even more if they are expected to scrutinise the PCC’s role as a fire and rescue authority as well.
How, then, do the Government expect police and crime panels to deal with that extra burden of responsibility? Will independent experts, with knowledge of fire and rescue services, be co-opted on to panels? Will the co-opted policing experts be expected to scrutinise the PCC’s job as the fire and rescue authority? If so, what training is in place to ensure that they develop the required expertise? I am concerned that this model of governance will not provide the level of scrutiny required. We will therefore have police and crime panels, which are already creaking under financial constraints, further lumbered with the requirement to scrutinise police and crime commissioners in their role as fire and rescue authorities—a subject outside their expertise. Is it any wonder that the fire and rescue service is concerned about becoming a Cinderella service?
In our amendments we are proposing to create a separate fire and emergency committee, to be set up with powers to properly scrutinise police and crime commissioners over their role as fire and rescue authorities. Given what the Government are proposing in London, it is clear that they should support my amendment, because it is all consistent. In the provisions for London, the Bill sets out a fire and emergency committee to scrutinise the fire commissioner, who is appointed by the Mayor. Why should the rest of the country expect less scrutiny? Our amendment would create analogous committees wherever a PCC takes over a fire and rescue service. That will ensure that the governors of all fire and rescue services get the necessary level of scrutiny. What is good enough for London is good enough for the rest of the country.
What would that look like, and what powers would they hold? We propose that when the Secretary of State makes an order for a PCC to take over the fire and rescue authority, she must make provisions to establish a local fire and emergency committee within three months of the order. The committee would be comprised of a balance of members from the local authorities in the relevant policing area. It will also be able to co-opt independent fire experts on to the committee. They would be responsible for keeping under review the exercise of functions of the PCC, submitting proposals to the PCC and reviewing any draft documentation produced by the PCC. In short, they would provide scrutiny of, and advice to, PCCs in relation to the performance of their fire responsibilities, and they would be a proper scrutiny body rooted in local democracy.
This amendment would also enable a local fire and emergency committee to require a PCC and chief fire officer to attend local fire and emergency committee proceedings and to produce to the committee documents under the PCC’s control or possession. They would have powers as well as responsibilities. The Government will note that the proposals for the role of the fire and emergency committee is concurrent with its role in London. If the Government support it in the capital, they really should support this amendment.
The amendment would create a separate fire and emergency committee to rigorously scrutinise the PCC on its fire responsibilities. It would remove budgetary pressures from the police and crime panels and ensure that experts in the field of fire are given a scrutiny role. Furthermore, it would bring scrutiny of PCCs outside London in line with that in the capital. If the Minister believes that a fire and emergency committee is required in London, I urge him to support this amendment.
New clause 13 would require the Home Secretary to establish a national inspection regime for the fire and rescue service. I tabled it to put on the record my concern about the absence in the Bill of any form of independent inspection of the quality of fire and rescue services. Police forces are subject to review by Her Majesty’s inspectorate of constabulary, which has a remit to ask the questions that citizens would ask, publish the answers in an accessible form and interpret the evidence. That allows the public to compare performance, and enables the public and their elected representatives to push for improvements.
Some people will no doubt resent or even resist the remit of HMIC. I can hear them now saying, “Who inspects the inspectors? Who are they to lord it over us on the frontline who know what’s what?”. In the same way, some people in the education sector resent the existence of Ofsted—not something I want to examine in detail here, I am sure the Committee will be pleased to know. My point is that some form of independent inspection is part of the process through which the public, as well as decision makers, can be assured about the quality of the public services on which they rely. It is also a route that identifies questions that need to be asked, issues that need to be flagged, concerns that need to be aired and challenges that need to be posed.
The last Labour Government brought to an end the former fire and rescue inspection regime. We replaced it with a role for the Audit Commission in providing a view on the economy, efficiency and effectiveness of fire services. Of course, the coalition Government, in their bonfire of the quangos, abolished the Audit Commission. It is an excellent development that, following the abolition of the Audit Commission and the national performance framework, the Local Government Association developed the operational assessment and fire peer programme as the focus of sector-led improvement, providing a boost to local accountability.
It is great news that, since its launch in 2012, all 46 fire and rescue services have undertaken the review. I am sure the Minister has heard, as I have, from front-line fire chiefs and operators that the peer review has helped them to develop their services and challenged them on areas where they could make their performance better. It has helped to plug the gap that was left behind, although some of us might think it is a bit too soft, because the peer review stuff does not have any teeth if people do not choose to improve the services that they are providing.
I am and always have been a great believer in local accountability. As a councillor for 18 years before being elected to this House, I experienced at first hand the discipline and accountability of an election, and the role of the ballot box in enabling our communities to have a say in the quality and effectiveness of the services that are delivered to them. It is a very powerful tool. However, excellent as the peer review programme and the accountability of the ballot box are, when it comes to a function as vital to public safety and community well-being as the fire and rescue service, I do not think they are good enough.
Mims Davies (Eastleigh) (Con)
I am thinking back to the point about accountability and scrutiny in the fire service. As a councillor for nearly six years—I did not do quite as many years as the hon. Lady—it was the one area that I felt I had very little connection with, despite being an elected member. As a Member of Parliament, I have connected with the fire service in Hampshire and seen great work where it has looked at its peers and worked very well with the police. As a local councillor, I felt that the fire service was the one area that the electorate were excluded from in respect of how it worked with the community through elected bodies. I understand where you are coming from on this, but I like the idea of the PCC having a direct link with the community.
Policing and Crime Bill (First sitting)
Debate between Mims Davies and Lyn Brown(8 years, 9 months ago)
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Lyn Brown
You do not agree with it, then.
Steve White: The police service and, indeed, my members—the 124,000 people who I represent—recognise and value the expertise that the fire service brings, and we work incredibly well together at the scenes of many, many incidents and operations; of that there is absolutely no doubt. Provided that that separation of professional responsibility remains, I do not necessarily think that there is an issue. We have sympathy with some of the issues in relation to the fire service. I am sure that they have similar concerns for issues that we have. I am sure we would continue to work very closely together, so I do not necessarily see it as a massive issue. Of course, when we had the police service escorting green goddesses—I experienced this through disputes years ago—it was because of strike action, but even so, I think the fire service recognised the limits and capabilities of the police service. We just have to be pragmatic, deal with it and be professional in dealing with it.
In relation to collaboration, let us be brutally frank: collaboration between police forces and other agencies is not working as efficiently as it should. It is absolutely true that that is the case. Sometimes it is cultural. Sometimes it is managerial. Sometimes it is about egos. Sometimes it is political. There needs to be a locus to ensure that collaboration within the police service and across other agencies happens as effectively and efficiently as possible. Indeed, there have been many instances where my members have been working within collaborative organisations and have seen the frustrations—why are there three different annual leave policies for three forces that are collaborating on specialist operations? They have to go to three different resource units to take time off. Our members can see that it is not working as well as it should.
I am not saying that people have refused to collaborate; I am just saying that from a cultural perspective, there is still quite a lot that needs to happen. There is an opportunity for a central locus to say, “No. You need to collaborate under this framework and get on with it.”
Ben Priestley: The issue of industrial action is maybe not as important as some might initially think. Forty per cent. of the police workforce can join a trade union. It is a reasonably unionised workforce. Over half the workforce is in a trade union, and there has not been a history or a tradition of industrial action. That, I think, is testimony to the good quality of employment relations and the negotiating machinery that we have. Whichever service we are thinking about, it is the quality of the industrial relations that determines whether there are industrial disputes or not. As the saying goes, it takes two to tango, and very often industrial disputes are an indication of a failure of the system, rather than any in-built problem with the fact that certain workers have a right to strike.
In relation to the broader concept within the Bill of a single employer, once we begin to unpack that, there is an awful lot in it that will have to be dealt with and that will involve police services, and potentially fire and rescue services, in a huge amount of work—for what end? It brings together four or five different negotiating bodies under one or maybe two or more employers. The Bill is unclear whether the police and crime commissioner will be the single employer, whether he or she can delegate to the chief constable and whether the chief constable can then delegate to another individual within his or her force. That part of the Bill hopefully can be examined properly in Committee, and we certainly would like to put evidence up at that stage to help the MPs on the Committee to understand some of the complexities around the single employer model.
In relation to the duty to collaborate, I think the Government supported the establishment of the emergency services collaboration working group, which reported last year. I am sure the Committee will want to have a look at its report, which said that in about 90% or 95% of cases, collaboration was already happening. It is difficult for us to say exactly what the quality of that collaboration was, but most of the respondents to that survey said they were entirely happy with the level of collaboration. The group showed and said in its report that the jury was out on whether collaboration was actually going to save money. The Government make some fairly steep claims in relation to what collaboration will or will not do in respect of saving money and efficiencies. There is no actual evidence at this stage that collaboration will save money. The Committee might want to gain further insight into that as part of its deliberations.
Chief Superintendent Thomas: I will add an observation and a couple of quick points. In my mind, ultimately the question is whether this is good for the public and whether it delivers a service to the public. There are definitely opportunities within this for efficiencies, in terms of coterminosity around estate, procurement and fleet requirements and HR functions, for instance. There are definitely opportunities for efficiencies there. There are already examples of that taking place in parts of the country, in force areas, with fire services.
I refer you to the HMIC report of July 2014 on meeting austerity. To reinforce my point about some of the challenges of this, that report referred particularly to the difficulties around collaboration. In preparation for this Committee hearing, I read Ken Knight’s review. That almost mirrored the language used, with there being exactly the same challenges within the fire service. We are overlaying another area of complexity on top of the challenges that Steve has just articulated, in terms of how we are trying to collaborate among ourselves. Ultimately, the terms “patchy” and “fragmented” are used in both reports. That demonstrates some significant challenges in terms of how we would actually make this happen.
Mims Davies (Eastleigh) (Con)
Q Have any benefits of collaboration actually been seen? I heard quite a negative picture, but were there any benefits that the panel could see?
Chief Superintendent Thomas: There have been benefits but, again, I refer back to my previous comment. To give you a slightly historic answer on this, going back to that report, HMIC recognised that collaboration in policing was patchy and fragmented, and in the way that we were approaching it at the moment it would not meet the demands of austerity. That is partly because there is a vacuum in terms of who makes that decision.
Mims Davies
Q I want to touch on the opportunity, through the Bill and through secondary legislation, to change the rank structure. Is that a welcome opportunity?
Policing and Crime Bill (Second sitting)
Debate between Mims Davies and Lyn Brown(8 years, 9 months ago)
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Mims Davies
Q Will you comment on the potential changes to the rank structure and whether there is a feeling at the moment that it is fit for purpose?
Sara Thornton: The College of Policing completed a leadership review last year. It made 10 recommendations, one of which was to look at the rank structure. As part of the debate about implementation, the question was asked, “Who owns the rank structure?”. It was unclear whether it was the Home Secretary, the chief constables or the college, thus the reason for this in the Bill.
My colleague, Francis Habgood, the chief of Thames Valley, is leading some work with the College of Policing to look at potentially rationalising the rank structure. Some of the work they are doing at the moment is looking at five key levels. It is very much a work in progress, but I think that all chiefs, when they read the leadership review, understood the issue and were pretty confident and supportive that we needed to do some work on it.
Lyn Brown
Q Police and firefighters perform very different roles. Firefighters have a right to strike, as is reflected in their particular terms and conditions. Police officers face significant restrictions on their public life and business interests that do not apply to firefighters. For many retained firefighters—part-time firefighters—a second job is essential. Do you think it would be unnecessary and inappropriate to inflict these terms and conditions on firefighters?
Sara Thornton: We already have experience in police forces. As a chief constable, I had police officers and police staff. Police staff were largely unionised, they could strike and they were not subject to the same terms and conditions. My argument would be that chief constables are quite used to running an organisation where there are different terms and conditions of service—some people can strike and some cannot. When I was a chief officer, on the few occasions when the unions did strike, it caused some minimal tension, but it was manageable.
Mims Davies
Q I was going to go on to ask about the changes to the firearms legislation and whether you believe it will help to keep the public safer.
Sara Thornton: My colleagues who run the National Ballistics Intelligence Service have been very involved with the work of civil servants and the Law Commission on this area. It is not an area I am expert in, but I understand from them that they are very supportive of the clarity of definition in the terms “lethal” and “component parts”, and of the offence for articles that would convert a firearm. Their one concern is on the definition of “antique firearm”. They would like the addition that it should be something that was manufactured prior to 1919, to make it absolutely clear. If that was added to the Bill, then they are very supportive of what is in there.
What is interesting, from doing some research for this appearance today, is just how many antique firearms are involved in crime. It is a significant number, and it is important that we deal with them.
Assistant Commissioner Rowley: If I may add to that, from a counter-terrorism perspective, one of the handful of factors that gives us an advantage in the UK is the low availability of firearms. It is not something that we should be at all complacent about because it is clearly not at zero and we have seen changes in the marketplace, so if Parliament is prepared to tighten up these loopholes, that is just another step in trying to maintain the competitive advantage that we have.
Lyn Brown
Q Local council services?
Dr Chalmers: Yes, local authority, health and social care—and it should be accountable. There are two things that the college would like to bring to your attention for consideration. One is that there should be reporting through CCGs to the Secretary of State about the state of crisis services in the area and how they are developing, or not, against the concordat aims. There is also an anomaly within the code of practice to the Mental Health Act, which requires people like me—section 12 doctors, AMHPs—to be bound by the good practice in the code, but requires commissioners to just take account of it. They should have a statutory obligation to work within the code of practice, because the principles underpinning the code of least restrictive option would work. We should focus that on our area—what we are doing in our area to provide services that could avert crisis and alternatives to the dreadful situations that everyone finds themselves in, where they have to do the least worse thing.
Mims Davies
Q I want to ask Dr Chalmers about that place of safety and the work with CCGs and local authorities. I have experienced that in my patch: there is a kind of falling through the cracks, where the police do not want to use their cells as a place of safety. Do you feel that perhaps there should be some community hub, house or building? How would you term a place of safety? Is there some kind of crisis centre that we are missing, which CCGs could provide?
Dr Chalmers: I think we are always going to require the current, classic, hospital-based place of safety. In my ideal world that would be co-located with physical health services. In the use of section 136, among the problems that we see people presenting with, the problem of intoxication—not just with alcohol but now with so-called legal highs and synthetic cannabis—can cause people to crash very suddenly. Somebody who looks as though they are in crisis can become very physically unwell. There is an argument for having centres of excellence in urban areas, on the model of centres for stroke and cardiac emergencies, where the expertise is situated and you can move between one and the other.
For some people we also need some level of security. In its guidance the college specifies what a good section 136 suite looks like. I had the unfortunate news from a Health and Safety Executive investigator where someone was taken to a hospital-based place of safety where you could just open the door and walk out, and a tragedy ensued. For some people, there has to be a degree of security.
My colleagues in the child and adolescent faculty would highlight that a safe place for someone in crisis to be assessed is also necessary, particularly for children. The rough and ready survey that was done suggested that of the children who were picked up on a section 136, 30% do not have mental health needs and instead need social care and social responses. In an ideal setting, there would be a safe place for children to go that is age appropriate, too. Rooms have to be safe, so they look stark and sterile, but you can imagine a safe place for children where their families could come. Often with a section 136 suite there are no places for families to come and visit.
There is some evidence about alternative places before people are placed on a section 136, such as crisis houses. The crisis concordat is very good at flagging up areas of good practice. There was an initiative in Leeds that has been very successful. There was one using the Richmond Fellowship in Sussex, and that has been reported on. As I understand it—this may not be correct—the numbers were so small that they have expanded the resource to be a safe place to be in crisis. There is also the use of peer support. In London, users of service have provided safe places—they call them cafés—where people can go and be in a safe place with people to talk to.
I started by saying that you should not see 136 in isolation. I think you will get into trouble trying to fix one small part of the system; you will have knock-on effects and unintended consequences. You have to see it in the round of crisis responses.