Police Reform and Social Responsibility Bill

Baroness Farrington of Ribbleton Excerpts

Tuesday 24th May 2011 Lords Chamber

[Lord Bradshaw]

Will the Minister reflect on the fact that London is a unique area, with unique and very large media coverage? I ask her to think about places such as Devon and Cornwall and the distance from Barnstaple to Penzance and the distances to be covered in several other areas. People in different areas do not listen to the same radio programmes or read the same papers. It is only by having representatives of the divisions within an area that you will get any form of representative democracy.

[Baroness Farrington of Ribbleton]

My Lords, will the Minister accept from me that the fact that people checked on crime in their local area does not give an indication either way? My husband checked but I assure the noble Baroness that he would be very cross were she to assume from that that he is in favour of the Government’s proposals.

[Baroness Browning]

My Lords, I would not dream of presuming what the noble Baroness’s husband has made of all this. That would be a step too far for a mere Minister. My noble friend referred to the uniqueness of police forces across the country. That is the essence of this matter. Each police force is unique in its nature. Nobody is suggesting that what works in London will be exactly replicated in the Devon and Cornwall forces, or any other force. That is why piloting such a scheme would not give us a representative picture of what one sees in forces across the country. It would be interesting perhaps, but I genuinely believe that it would not take us any further forward, and it would cause delay.

There are practical problems associated with pilots, such as how they would be chosen, who would decide that matter and who would be denied democratic policing while they were carried out. Also during the piloting scheme the two different forms of police governance would be running alongside each other, which would cause uncertainty. The noble Lords, Lord Condon and Lord Dear, with their vast experience in this area, referred to the uncertainty that this would create not least among chief constables. We are looking to the chief constables to show the leadership that is needed in working with the police and crime commissioners on these reforms to introduce the change that will allow the public to believe that the duo at the heart of these reforms will make a difference to the way that they see the police and can engage with them and with policing matters in their area.

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[Baroness Browning]

I understand why the noble Baroness says that, which is why, of course, the checks and balances need to be in place. We are all frail as human beings, even the highest. That is why the Bill needs to ensure—and I believe it does—that there are checks and balances for police and crime commissioners. That is one of the things we might discuss in our negotiations across the Committee before this Bill leaves it. However, I do not want noble Lords to think that I am persuaded that the principle of a democratically elected police and crime commissioner is something that we are going to depart from. It is the core of the Bill.

[Baroness Farrington of Ribbleton]

The Minister has, with a very welcome style, promised meetings before the Bill leaves the House. In my experience, those meetings would be most helpful prior to Report stage, because it is then much easier for Members with a detailed interest in this legislation to consider what their position will be on Report.

[Baroness Browning]

My Lords, I quite accept that and it would be my intention to do exactly that. There is a gap between Committee and Report and I hope that we can usefully fill the hours in between discussing these matters.

The public, through a police and crime commissioner, will receive a stronger voice within the wider criminal justice system; moreover, the commissioner would act as an advocate for the system’s independence. I do not believe there is a need to restate in this Bill the legal consequences were any individual, irrespective of their public position, to seek to undermine or frustrate the well established legal processes within England and Wales. As with the operational independence of a chief constable, no clauses in this Bill seek to undermine or influence the independence of the judiciary, the Crown Prosecution Service or the legal responsibilities and foundation of other criminal justice bodies.

To that end, it is right and proper that we simply list in Clause 10 those bodies and authorities which the Government expect a PCC to develop a co-operative working relationship with rather than leave it to chance or allow for uncertainty and doubt or, at worst, preach to the converted and issue guidance on how the separate bodies should go about each other’s business.

I am most grateful to noble Lords who have spoken on the subject of the British Transport Police.