Police Reform and Social Responsibility Bill

Baroness Harris of Richmond Excerpts

Wednesday 14th September 2011 Lords Chamber

Moved by

[Baroness Harris of Richmond]

Leave out from “House” to end and insert “do insist on its Amendments 1, 2, 3, 4 and 6 and do disagree with the Commons in their Amendments 6A to 6D in lieu .”

[Baroness Harris of Richmond]

My Lords, first, I send from these Benches the warmest congratulations to Bernard Hogan-Howe, who has just taken up his appointment as Commissioner of the Metropolis. We wish him the best of luck in that very challenging post.

The Motion insists on the amendment, previously tabled in Committee in this House, which would incorporate the police and crime commissioner and the police and crime panel within a single body corporate, a police commission. Your Lordships will recall that the House voted on, and approved, this amendment in Committee. However, during the debate in the other place on Monday night it was removed. Because this House clearly attached great importance to that amendment when it was approved, and because I believe it summarises some key matters of principle about the future of police governance, I have tabled this amendment insisting on its inclusion. The right honourable shadow Minister for Policing was quite right when he said in the other place that this House had not included this provision as the result of some inadvertent tinkering with the detail; if I recall correctly, it was preceded by a lengthy and considered debate, covering a large number of significant issues, that took up much of the first day of Committee. I will be much quicker today but shall outline briefly why I think my Motion is so important.

I want to be clear that this amendment is not about retaining the status quo, as suggested by the Police Minister in the other place. It is about ensuring a mechanism for strong corporate governance and balanced accountability, which is sadly lacking in the Bill at present. In short, it is about strengthening checks and balances in a meaningful way. While I acknowledge that some moderate improvements were made to the powers of panels on Report in this House, these were modest improvements and not robust enough. The panels have only two powers: to veto the appointment of a chief officer and to veto the police precept. Both of these are nuclear options—nuclear powers, so to speak. They are likely to be little used except in extreme situations. We had debates about that. They are not much use for providing meaningful safeguards in such key areas as standards and audit—topics that have also been the subject of much debate in your Lordships’ House because the Bill provisions are defective.

--- Later in debate ---

[Baroness Browning]

Enhanced accountability, but not through the public, for the public and by the public. That is the difference between us. Let us make no bones about it, it is now very clear that it is accountability but on certain terms. The terms of the Bill are that the accountability is such that the public will elect the person who on their behalf will hold the police to account in their police area. That is the difference, and I am grateful to the noble Lord for having established the fundamental difference between his interpretation of accountability in this matter and what is in the Bill.

Police officers will benefit from a less bureaucratic system where discretion is restored and where the chief constable has a strong interest in driving out waste and prioritising the front line. Local authorities will benefit from a continuing say in the governance of policing, and district councils will have a role for the very first time. The taxpayer will see better value for money as commissioners, who will have responsibility for the precept, focus relentlessly on efficiency in their forces. Local policing will benefit from a strong democratic input, focusing attention on issues of public concern. The Home Office will be focused on its proper role, especially to address national threats and to co-ordinate strategic action and collaboration between forces. Above all, the public will have a voice in how they are policed.

Police and crime commissioners have the mandate to reflect public concern on crime. Democratic accountability in policing is needed and we agree on this. If so, there can be no question as to whether these amendments from the other place should be agreed. I ask that the House not agree to Motions A1, A2, A3 and A4. I agree with Motion A.

[Baroness Harris of Richmond]

My Lords, I have listened to my noble friend the Minister but with a very heavy heart. I have tried throughout this Bill to rehearse all the arguments around the construction of a police and crime commission. It is clear that I have not been able to convince the coalition Government or my colleagues—or most of them—or the other place, which makes the final decisions on our amendments, to agree with me. However, I would not be at all surprised if this legislation were to be amended again before it is ever implemented. I predict that elements of it will have to be looked at again in the police Bill that is due to be published next year on national police landscape proposals. If it is not dealt with there then another Bill will have to be brought before Parliament within the next three years. I will not relish saying “I told you so” at that point. It would be far better to provide a sensible corporate governance framework now. I will support the amendments of other noble Lords to delay the legislation—especially the Motion proposed by the noble Lord, Lord Condon. I hope that this will provide adequate time for the Government to reconsider and see some sense. In that somewhat forlorn hope, and with great weariness and reluctance, I beg leave to withdraw my Motion.

Motion A1 withdrawn.