Police Federation (Amendment) Regulations 2015

Baroness Harris of Richmond Excerpts

Wednesday 15th July 2015 Lords Chamber

Moved by

[Baroness Harris of Richmond]

That this House regrets that the Police Federation (Amendment) Regulations 2015 prevent the federation from being properly funded in order to represent its members (SI 2015/630).

Relevant document: 33rd Report, Session 2014–15, from the Secondary Legislation Scrutiny Committee.

[Baroness Harris of Richmond (LD)]

My Lords, I remind your Lordships of my registered interests and, particularly, that I chair the interim independent reference group of the Police Federation of England and Wales. In the debate on the gracious Speech, I intimated that I would be putting down a prayer to seek to overturn Statutory Instrument 630, which was made on 9 March this year and came into force on 2 April. Unfortunately, I was unable to do this because of a misunderstanding of timings following the dissolution of Parliament. I am grateful to the Chief Whip for giving me time to express my deep concerns about this SI in the only way that I am able—through a Motion to Regret.

I believe this legislation to be very heavy handed; it represents, I believe, a fundamental attack on the rights of police officers by imposing draconian measures on their representative organisation. The statutory instrument refers to the membership of the Police Federation of England and Wales. Prior to the amendment regulations, the position was that membership of the federation was automatic for police officers in ranks from constable to chief inspector inclusive but that payment for that membership was voluntary. Now, membership ceases to be automatic and, in relation to subscriptions, various additional requirements have been made on the federation to inform police officers that payment of subscriptions is voluntary and to give members who choose not to pay contributions various rights. I will say a little more on that later.

As many of your Lordships will know, the Police Federation is in the process of implementing in full the recommendations of the independent review by Sir David Normington into its organisation. It set out 36 recommendations for a comprehensive organisational overhaul to deliver a more efficient, effective and transparent Police Federation of England and Wales. Given its compliance with the Home Secretary’s demands regarding the implementation of Normington, I also question the necessity of such legislation and whether it is appropriate for the Government to interfere in arrangements between the federation and its members.

The police service already has severe strictures on its industrial rights and now the Home Secretary has imposed further conditions on this member-led and member-funded federation through statutory instruments. I fear that this can only serve to further weaken an organisation which has already lost a great deal of its strength over the past few years, not least from the huge fall of nearly 35,000 front-line police officers and staff, who have been lost across both England and Wales through government cuts to the police service.

As I said in my speech, this is the first time I can remember that law and order was hardly on the agenda during the general election. It was almost a footnote in manifestos focusing more on the NHS, education and immigration. However, we should not pander to the media or the politically prescribed flavour of the day as we would be failing to serve the public good. If we are to believe that police reported crime is down, why is it that the Government are continuing to compromise the very apparatus that has brought this about? It is counterintuitive. Cuts to policing have led to fractures appearing up and down the country to the very foundations of the police service.

Figures from the Independent Police Complaints Commission show that levels of complaints against the police in England and Wales have reached a record high, with a clear rise in the majority of police forces. The number of cases was 34,863, including a rise of 98% in one force, with the majority of complaints stating that the police are intolerant, rude and dismissive of the victims of crime. The fact is that this dramatic rise in complaints does not reflect a change in the determination and commitment of police officers. It comes down to a simple equation which shows ever-increasing response times and less time spent with victims of crime. The factor causing these results is a huge reduction in the resources available to the police service, and the outcome is a growing detachment and alienation from the communities of England and Wales.

The Peelian principles now present an almost impossible challenge for today’s police service. Principle 2 of the nine principles asserts:

“To recognise always that the power of the police to fulfil their functions and duties is dependent on public approval of their existence, actions and behaviour, and on their ability to secure and maintain public respect”.

Further cuts can lead only to greater public discontent. If police numbers keep falling, the last resort will become the first response. Is this what the public want for the future of their police service? Is this what the Government want? If so, we need the police forces of England and Wales to revise and rework both their police charters and their victims’ charters. If the public do not have revised expectations, given the cuts, the reputation of the police service will continue its downward spiral, overwhelmingly and through no fault of its own.

Because the Police Federation has been bogged down with internal restructuring and reorganisation—which may well take another couple of years to fully complete—it has not been able to be as effective as it has been in the past in representing its members to their elected representatives, regionally, nationally or in Parliament. We need this to change if we are to properly understand how crime is changing and where best to direct our focus to make best use of the resources available. A strong Police Federation means a stronger police service, which can only be beneficial to the public.

This statutory instrument will make the job of the Police Federation harder at a time when it has difficulties enough with dwindling subscriptions, because of the huge fall in membership due to the cuts in police numbers. However, if we help the Police Federation, we will help the police service as a whole and in turn help them to serve the communities of England and Wales. This SI enables an officer to demand help from the federation even if he or she has not previously paid any membership fees. How can any organisation operate in this way? It is like saying to an uninsured motorist who has had an accident: “It’s all right. The insurance company will look after you. There was no need to fork out for insurance before you needed it”. That would be ludicrous, and yet that is exactly what this SI does. There is no need for a police officer to become a member of the federation or pay any dues, but that officer can demand help from the federation, which can add up to huge amounts of money in matters of litigation when it is needed.

This is an awful piece of legislation and I deeply regret having to bring it before your Lordships in a Motion to Regret, as I would have preferred us to vote on it. However, I hope that my explanation of its effect will move the House to express its concern and dismay that things have come to such an unhappy place for our police service. I beg to move.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I am sure that the noble Lord is well versed in what he has just quoted. In terms of confirming what he just said, I will write to him.

[Baroness Harris of Richmond]

My Lords, I am grateful to the Minister. He will not be surprised to hear that I am not at all satisfied with his remarks. He has quoted extensively from the Police Federation independent review by Sir David Normington, which I shall also refer to. First, I thank all noble Lords who have spoken—the noble Baroness, Lady Young, and the noble Lords, Lord Mackenzie of Framwellgate and Lord Rosser—for their remarks and their strong support. I thought that the questions from the noble Lord, Lord Rosser, were particularly apposite.

The report says that the Police Federation,

“was established to represent every constable, sergeant, and inspector (including chief inspectors) in England and Wales. There was also an unspoken understanding that the Federation would receive relatively generous direct and indirect public resources for its representation and access to chief officers and to local and national policy makers”.

Of course the generous indirect public resources have now gone; the Home Secretary decided to take those away.

“Despite many reviews and reorganisations of policing this basic settlement has remained intact for 95 years. In our view it is as important and valid now as it was in 1919”.

This is the view from the chair of the independent review, Sir David Normington.

“Police officers need—and greatly value—an organisation that represents them in individual cases of investigation or discipline; and can give them and their families”—

I stress “their families”—

“wider support when they are under stress. This absolutely necessary protection means that it is desirable for membership to be universal given the widespread risks that individual officers face. That is why membership of the Federation is automatic upon enrolment (although officers can opt out of paying the subscription). This is the most practicable arrangement currently and one which we support”.

Lastly, the Police Federation told me that the amendments relating to subscriptions were unnecessary and not appropriate, as members already had a choice whether or not to pay subscriptions. The federation believes strongly that it should be free to choose what arrangements it reaches with its members in relation to subscriptions, and that it is not for the state to interfere in relation to the rights that late-subscribing members should have to assistance of any kind, from the federation or otherwise. However, as I have indicated to the Government, I do not intend to call for a vote—there would not really be much point at this late hour—so I beg leave to withdraw the Motion.

Motion withdrawn.