Police Reform and Social Responsibility Bill

Baroness Doocey Excerpts

Monday 11th July 2011 Lords Chamber

Moved by

[Baroness Doocey]

206A: After Clause 50, insert the following new Clause—
“Transitional arrangements
(1) The provisions of sections 1 to 50 are subject to this section.
(2) Sections 1 to 50 shall not come into effect until 1st October after the first ordinary elections under section 51 have taken place.
(3) The Secretary of State shall make regulations to ensure that the police authorities established for police areas under section 3 of the Police Act 1996 (establishment of police authorities) and the Metropolitan Police Authority continue to exercise their functions until such time as the provisions of sections 1 to 50 come into effect.”

[Baroness Doocey]

My Lords, I shall speak also to Amendment 310. The purpose of Amendment 206A is to delay the implementation of Clauses 1 to 50 until October 2012 and to allow for a transitional period. During the period until then, the existing arrangements will continue to operate, so in London the Metropolitan Police Authority will continue to exercise its functions until such time as the provisions of Sections 1 to 50 come into effect. The purpose of Amendment 310 is also to move the implementation of this Bill in London from December this year to October next year.

The Government and the Mayor of London are keen to introduce the new system as soon as the Bill receives Royal Assent. The Bill as it stands would allow this to happen. The Government’s prime duty is to keep London and the country safe. Therefore implementation should be timed optimally to ensure that the transition does not compromise public safety. When we consider issues around public safety, we need to bear in mind that there are some very significant events in 2012. We will have the Olympic Torch Relay from May to July, the Queen’s Diamond Jubilee in June, the Olympic Games in July and August and the Paralympic Games in September. These major events will require a policing operation on an unprecedented scale, so it is difficult to understand why the Government are hell-bent on implementing the changes before these events take place.

My main concern is the policing of the Olympic Games. The Metropolitan Police has described the Games as one of the,

“biggest security challenges the British police have ever faced in peacetime”.

Presidents, kings and queens, heads of state and athletes from all over the world will come together. Their protection will require a security operation of extraordinary complexity. In order to meet this challenge, the Metropolitan Police and the Home Office have spent years planning for every eventuality. As circumstances develop and situations change, these plans are subject to continual revision. The vast majority of Olympic events will take place in London and police officers will be drafted in from every police force in the country to help with the huge operation. For the Government to force the Metropolitan Police to divert their efforts from the security of the Games to a major reorganisation at this critical time almost beggars belief.

Besides the major events I have listed, there is another important event happening in London next year; namely, the mayoral election in May. This election creates a different but no less significant set of problems. It could result in a change of mayor. The new mayor may have a very different vision for the direction of policing in London. If so, this could confront the Metropolitan Police with yet further disruption before the Games. One wonders whether the Government’s unseemly haste may be designed to create a fait accompli ahead of the mayoral election.

Whenever this Bill is implemented, it will require a major reorganisation of the Metropolitan Police. The changes proposed have been described by Sir Hugh Orde, president of ACPO, as,

“some of the most radical changes to police governance since 1829”.

Reorganisations are very disruptive. We all know the anxieties being expressed around the NHS. This particular reorganisation will require the police to change all their reporting structures and to get to know, brief and get up to speed a completely new set of stakeholders and board members. As anyone who has ever served on a police authority will know, gaining an understanding of policing issues is no easy task; it takes time. Let us not forget that this huge organisational change is to be delivered within a framework and climate of an expected reduction in the Met’s spending of some £600 million by 2014-15. Savings to be delivered this year, of £163 million, have already resulted in a two-year pay freeze for police officers and staff, the withdrawing of special payments for police officers and a review of the terms and conditions of police staff.

The reorganisation will be work-intensive, expensive and time-consuming. It should happen at a time when it does not conflict with the London Olympics, so that the police may concentrate their energies and efforts on the huge security challenges surrounding the Games.

The Government have said on a number of occasions that they want to implement the Bill before the Olympics because the Met is in favour of early implementation. In a previous debate in this House on 16 June, my noble friend the Minister said that,

“not just the Mayor of London but the Commissioner of the Metropolis is also keen for the transition from MPA governance to that of the Mayor's Office for Policing and Crime as soon as possible after Royal Assent is achieved for this Bill … we have double-checked that there is no real concern with the mayor or the commissioner”.—[Official Report, 16/6/11; col. 1033.]

Well, of course there is no concern from the mayor: he wants the changes before the mayoral elections next May. But what the commissioner actually said to Nick Herbert in his letter of 22 June is:

“London should move forward with the new model as soon as is practicably possible ... there are some measures that need to be put in place in order that the new structures can work effectively. Clearly if these cannot be implemented in the time available, the arguments for going early become less compelling”.

This is somewhat different from the Government’s claim that the commissioner is “keen” and that there are no real concerns.

In addition, the commissioner has always been entirely consistent in his view that it is for the Government and Parliament to decide the governance and accountability arrangements for policing, so it is not surprising that he will carry out the democratic wishes of Parliament. It is therefore disingenuous for Ministers to claim that the Metropolitan Police wants early implementation so we must do as it says. Governments ignore the advice of the police whenever it suits them. Detention of suspects is just one example.

A delay until October 2012 is not drastic; it is only a few months later than the Government envisage. By October 2012, Londoners will have enjoyed the Diamond Jubilee celebrations and the Olympic and Paralympic Games. They will have a mayor who has been elected for four years setting a direction over how London is to be policed. Let us allow this direction to be set in a period of calm, with time to think. Let us also give senior police officers the time and space to prepare for these new directions. We need only to delay these changes for a few months, and London will be a better place for it.

I have no doubt that if the Government go ahead and implement this Bill before October 2012, it will cause serious disruption to the policing of the London Olympics and other major events taking place next year. This proposed reorganisation will cause immense disruption at the worst possible time and compromise the safety of our citizens. I therefore appeal to the Minister, even at this late stage, to reconsider this seriously flawed decision. I beg to move.

--- Later in debate ---

[Baroness Browning]

My Lords, I reiterate what I have said in previous discussions on this subject to my noble friend Lady Doocey: the commissioner has personally asked the Home Secretary to go as early as possible with London. That is a fact. The commissioner, deputy commissioner, the mayor and deputy mayor are very keen for the London provisions to be commenced as soon as possible.

My noble friend mentioned a letter. That letter outlines issues that the commissioner has flagged up for the Government to look at so that London can go early. The issues in the letter are being looked at and many of them have already been agreed in earlier amendments in the House. We debated earlier today the government amendments to the transitional provisions in the Bill to ensure that the PCCs and the MOPC can operate effectively from the outset and that there is no need for a period of shadow operation. The changes to policing governance do not affect operational control and so will not impact on operational issues.

We are going round this circuit for about the third time. My noble friend may totally disagree with me but I have checked and double checked—as has my right honourable friend the Minister of State in another place—to make sure that our understanding of both the commissioner’s and the mayor’s view on this subject are as we have described them in this House. I can but repeat what I have already said to my noble friend in the House: they are keen to commence as soon as possible and they have in no way sought to delay London.

[Baroness Doocey]

My Lords, I have listened to the Minister with a very heavy heart because, being an eternal optimist, I had hoped against hope that the Government might take some responsibility upon themselves and say, “We are the Government and we are making the decision. On reflection, we do not think that it is a good idea to put citizens’ lives at risk in order to implement the changes in the Bill immediately”.

I have concluded that I have done everything possible to persuade the Government that this is not only a bad idea but a positively dangerous one. I have also concluded that all my pleas have fallen on deaf ears, and it is with a heavy heart that I feel I have no choice but to withdraw my amendment.

Amendment 206A withdrawn.