Police Reform and Social Responsibility Bill

Baroness Anelay of St Johns Excerpts

Thursday 16th June 2011 Lords Chamber

[Lord Rosser]

My Lords, in moving Amendment 250, I shall speak also to Amendment 252. This Bill represents a major change for policing in England and Wales, and the Minister has told us on more than one occasion that the Government are listening.

Concerns have been widely expressed about the impact of the politicisation of the police; the impact of the lack of effective checks and balances on commissioners and the considerable unchallenged powers that they will have; the impact of the relationship between the PCCs and chief constables on the latter’s operational responsibilities; and the impact of the strategic policing requirements and the proposed national crime agency on the new arrangements. There is uncertainty, too, about the impact of the new policing structure on relationships and working arrangements with other bodies, including local authorities. There has been no assessment of the impact of the proposed new arrangements on levels of crime, which have been going down steadily for a number of years. The Government agree that their proposals represent a major change to policy in England and Wales. We should not make such a change without a full inquiry and a report on the impact of the changes by Her Majesty’s Inspectorate of Constabulary, with the report being laid before both Houses of Parliament before a commencement order is made by the Secretary of State under Clause 158(1) in respect of Part 1 of this Bill.

The Government have sought to put Bills through Parliament that have then been delayed because they have been compelled to reassess their stance when the impact of their proposals has become clearer. It has resulted in delays, for example, to the health Bill, the Armed Forces Bill and the Public Bodies Bill, which is why we have to start a week earlier after the summer Recess than the Government previously announced.

[Baroness Anelay of St Johns]

My Lords, I should not wish the noble Lord to mislead the House; I know he has no intention of doing so. As he knows, earlier today I explained that the earlier start was as a result of the Labour Party’s excessive use of 17 days in Committee on one Bill, and the absolute refusal of the opposition Front Bench to divide Bills as normal between Grand Committee and the Chamber. The noble Lord would not wish to mislead the House, and that is the reason—fairly and squarely at the feet of the Opposition—for our coming back a week earlier. There is no doubt about the matter.

[Lord Rosser]

I am sure the noble Baroness would not wish to think that because she and the Government have a view on the cause of the situation, that view is automatically right and everybody else accepts it.

[Baroness Anelay of St Johns]

My Lords, perhaps in that case the noble Lord—or the noble Baroness the Leader of the Opposition, who is now present—will confirm that the Opposition are now willing to make a proper disposition of Bills into Grand Committee, and assist the Government by having a normal disposition. We now have the lowest level of Bills in Grand Committee for the past 10 years.

[Lord Rosser]

I am sure that if the issue had been caused by what happened over the Parliamentary Voting System and Constituencies Bill, it would not have taken as long as it has for the Government to decide that they needed to come back earlier after the Summer Recess. It is clear that it has happened because of the kind of issues that have been raised over the health Bill, the Armed Forces Bill and the Public Bodies Bill. The Government have been compelled to reassess their stance as the impact of their proposals has become clear.

[Baroness Anelay of St Johns]

My Lords, I really cannot allow the Opposition to mislead the House. The decision was made only after the Opposition refused to come to agreements over the scheduling of business. That is why we have delayed. We could have made this decision a lot earlier had we had a definitive answer from the Opposition. We are clearly now in a difficult position where the noble Lord, Lord Rosser, is trying to gainsay reality. I know Hansard will record his words. I know wherein the facts lie; they are not in his words.

[Lord Rosser]

I appreciate that the noble Baroness is fairly sensitive on this matter because the reasons that she put forward this afternoon are being challenged. I simply repeat: surely the noble Baroness does not believe that when she expresses a view on why the Government have got themselves into a mess, it means that everybody else will accept it. We do not.

[Baroness Anelay of St Johns]

My Lords, in that case I look forward to the noble Baroness the Leader of the House, who is in the Chamber now—

[Noble Lords]

The Leader of the Opposition!

[Baroness Anelay of St Johns]

The Leader of the Opposition—she has been a distinguished Leader of the House in the past; I hope that she will not be again for a long time, but she fulfilled the task very ably. I hope that she is now able to confirm that the Opposition will no longer refuse the proper disposition of Bills between the Chamber and Grand Committee, because that would assist the House to move on to normal working practices. The noble Lord, Lord Rosser, has a view that is held, I am sure firmly by him, for political reasons. I look only at the reality of business.

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the noble Baroness the government Chief Whip. I know—it is not that I think—that my colleague the opposition Chief Whip has been very willing to consider, quite properly and appropriately, Bills going into Grand Committee. That is what we wish to do. We wish to co-operate fully with the Government. It has to be said, however, that many of the Bills before us are extremely complex. It is not just that they are political. Therefore, my noble friends on these Benches—not only those who are here today but those who are not in their places—believe that the scope of the Bills is such that they deserve to be debated in the Chamber.

One of the problems, not only on my Benches but throughout the House as a whole, is that people do not understand yet that the Grand Committee is not a second-rate Chamber. It is a Chamber where we can deliberate and assess Bills and scrutinise them just as we can in this Chamber. All around the House we have to be more aware of the ability of this House to better use the Grand Committee.

Having said that, I want to put on record that earlier in the day it was said that we had agreed to put one Bill into Grand Committee and then subsequently decided that it would be more appropriate for it to be taken on the Floor of the House. I record that that Bill was the Scotland Bill. After the elections to the Scottish Parliament, things fundamentally changed, not just politically but in terms of the subject matter of the Bill. That is why we decided it was more appropriate for the Bill, which is now a major constitutional Bill in our view, to be taken on the Floor of the House.

That having been said, I know that next week my noble friend the Chief Whip will wish to enter into further conversation with the government Chief Whip to see how we can secure other Bills in a Grand Committee of this House.

[Baroness Anelay of St Johns]

My Lords, I put on record my gratitude to the noble Baroness the Leader of the Opposition for her intervention. She and I agree on so many matters when it comes to the business of the House. I entirely accord with her views expressed clearly about the value of Grand Committee. I am sure that she is right that it is misunderstood generally around the House, not just by newer Members of this place who work well here but those who have a more established presence. It is a valuable place.

I recall that I agreed very reluctantly for the Extradition Act to be considered in Grand Committee because it was a highly controversial Bill at the time. But it proved that it was worth while. I certainly welcome, late as it is at night—we have had a long day—the measured way in which the Leader of the Opposition has responded and the fact that she has put forward a proposition that the noble Lord, Lord Bassam, the opposition Chief Whip, should enter into further discussions next week about the disposition of Bills into Grand Committee. That is most welcome.

[Lord Rosser]

I shall conclude the comments that I was making. In putting forward these two amendments, I have made points about a number of areas of concern in relation to this Bill that have been expressed in our discussions, particularly in relation to Part 1. We should not be taking risks over changes to policing arrangements. We should be as clear as we can before we start on the impact of what is proposed, and the Government should agree to the independent inquiry and the report on the impact of their proposals that is provided for in these amendments. I beg to move.