Police Reform and Social Responsibility Bill

Baroness Butler-Sloss Excerpts

Wednesday 11th May 2011 Lords Chamber

[The Lord Bishop of Hereford]

My Lords, I support the amendment. Notwithstanding the comments that we have just heard from the noble Lord, I see his arguments as supporting the amendment rather than opposing it. He asked how one person can know the whole of the West Midlands area. I totally concur. How can they? Of course they cannot. That underlines the need to ensure that there is as broad a base of involvement with our chief constables as possible, with either a panel, a committee or some other grouping. The wider the grouping, the better it will be. If we accept the argument that no one person can possibly be representative, as is obviously the case, then surely this is an instance where we need to be as collaborative as possible. To put the PCC there, as the Bill does, as yet another focus on an individual, seems to undermine the very point that the noble Lord was just making.

We therefore support this amendment, because putting the power in the hands of another individual is to move it yet further away from being representative. As the PCC can be only one person he or she will not have the broad constituency that exists for panels or committees. I also wonder whether the noble Lord who has just spoken heard the same speech as I did at the beginning. I did not hear the noble Baroness, Lady Harris, say that the present system works perfectly; rather I heard her say that she is ready for amendments and changes but questions, as I do, whether these are the right changes. I am not saying that any system is perfect—none of us would make such a claim as clearly is would not be true. However, that is all the more reason for us to have such safeguards in place as we can.

If we go for the path which the Bill suggests of locating the authority in just one person, I would have strong concerns, which I am sure many other noble Lords will share, about the processes for appointing our chief constables and about what would happen in situations—which we all hope never arise, but which occasionally will—where there are suspensions or disciplinary issues. Nothing in the Bill addresses these issues, and putting the power in one person’s hands seems an unnecessary and unjustified risk. If we are to walk this path, and I hope that we do not, then surely this path, at the very least, needs to be piloted, tested and tried so that there is an evidential base showing it will improve a system which we all agree could be improved but we do not agree is broken. In that sense, it does not need fixing at any price. I hope that others will want to support the amendment and allow us to have as broad a base of representation and support as possible.

If we locate authority over our chief constables in one person, the police and crime commissioner, how will that individual spend his or her time? Locating the role in an individual without the clarity of processes for appointments and other things is a recipe for interfering with the role of the chief constable. If we are to have PCCs, we want these posts to be filled by people who are hugely able and talented, with energy and ability. Where is that energy and ability to be focused? How are PCCs to use their energy and time? Is there not a great risk that they will use it in a way that not only does not work collaboratively with the chief constable but threatens to interfere? The boundaries are not neatly drawn and we do not know exactly how the role would work out. We would want it to be a good working relationship, but, as we know, that level of power and authority risks being lived out and acted upon in a multitude of different ways. I fear that some of those ways would not be to the benefit of policing within our nation. I therefore ask noble Lords to support the noble Baroness’s amendment.

[Baroness Butler-Sloss]

We have been discussing this for some time but I want to add a few points. The first one is that Mr Bookbinder, whom many of us will remember, was of course elected from an area where one would wonder what sort of police commissioner would have been elected at that time.

I very much support the amendment of the noble Baroness, Lady Harris of Richmond, for the reasons that have been given by so many Members of this House, but I should like to add one or two points. First, I also was very impressed by Ms de Grazia, in particular because she pointed out that, in the United States, the FBI monitors the elected police authorities. There is no body such as the FBI to monitor the new police and crime commissioners. Secondly, I have put my name to the first of the amendments proposing pilot schemes. I have done that very much as a second option, as I much prefer the option proposed by the noble Baroness, Lady Harris.

It is suggested that the police commissioner would reconnect with the people. I live in the Devon and Cornwall Police Authority area, which the Minister knows very well because she was my MP, and I very much welcome her in her new capacity as a Minister in this House. She will know that the Devon and Cornwall Police Authority has 19 members, who represent areas ranging from the Isles of Scilly—for those of you who know what the south-west is like—right the way through to east Devon. In their way, they represent all corners of this part of the country where I live.

I suggest that we really ought to consider, with this pause that I would very much like to see, whether the police panel should not be elected. In electing the police panel, we would be creating an organisation very much like the police authority but which would have teeth and which would, under Amendment 31, appoint the police and crime commissioner. We would then have the connection with the public and we would have democratic elections, but we would not be putting all the power in one person.

I urge that we support the amendment and have a pause. I am very concerned that we should not plunge into very deep water without buoyant life jackets.

[Lord Blencathra]

My Lords, I, too, welcome my noble friend Lady Browning to her new responsibilities. She was a superb Minister in another place, and I am sure that she will be equally good in this House. I say to my noble friends that she is a listener and she has tremendous experience of policing. The noble Baroness, Lady Henig, said in her remarks in her excellent speech, which I much enjoyed listening to, that the noble Baroness, Lady Browning, would hear some examples today of practical policing. The Minister may now be hearing those examples from a different perspective, but if one has been a constituency Member of Parliament in the Devon and Cornwall Constabulary area, I think that one gets practical examples of policing from constituents both happy and unhappy. I welcome her to her new responsibilities.

It was a privilege to listen to the speech of my noble friend Lady Harris of Richmond, who introduced her amendment with a very passionate and well intended speech, but like my noble friend Lord Carlile I think that she is profoundly wrong. I say so to your Lordships as someone who must also declare some form, not from any past responsibilities as Police Minister but from the sabotage that I successfully performed two or three years ago when Cumbria Constabulary decided to amalgamate with Lancashire Constabulary. I am not sure who decided that or who was in the driving seat, but both police authorities—unelected police authorities—were fanatically keen that the amalgamation should happen. I urged the Cumbria Police Authority not to do it, as I think did most other Members of Parliament in Cumbria from all political parties, but the unelected police authority, paying no attention to our views or to the views of the vast majority of the public in Cumbria, proceeded hell for leather with amalgamation talks. I decided that I would do my utmost to stop it because I thought that it was wrong and not what the people wanted. After I challenged the suggested savings of £20 million, they came down a few months later to £10 million and a couple of months later to being cost-neutral. Once they got to minus £10 million, the authority began to think again. When they became a cost of plus £21 million, the unelected police authority finally abandoned all effort at amalgamation. At that point I concluded that there has to be something better than an unelected police authority driving this process forward and not caring what the local people want. Therefore, I do support the main thrust of this Bill and, with all due respect, must disagree with my noble friend on her amendment, which would stop this Bill in its tracks.

Your Lordships will be pleased to hear that I can be mercifully brief, because I entirely agree with the speech of the noble Lord, Lord Dear. I had the great honour of him following me when I made my maiden speech, and he was so generous in his remarks as to be almost bordering on the untruthful. Of course, he was not—but today I can assert with all authority that he has not exaggerated his case in any iota. If we were to remove this element of the Bill today, we would do a great disservice to the agreement made between the coalition parties and to the electorate, because of the manifesto commitments of the major parties.

The only other little point that I shall pick up is one from the noble Baroness, Lady Henig. She said that she was worried that crime might go up with an elected commissioner, but I profoundly disagree, for a reason advanced by the noble Lord, Lord Beecham, who was afraid that an elected commissioner might be a bit populist. Well, I hope so; if populist means doing what the people or the electorate want, then bring on populism. If the commissioner is to be populist, he will be bearing down on crime day in and day out, because that is what the electorate will want. They want that in the rural areas, the city areas, the Tory areas and the Labour areas, as well as in the areas where people do not vote or apparently care a fig about politics. They want the police to bear down on crime, as it affects them.