Baroness Williams of Trafford
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Policing and Crime Bill
Baroness Williams of Trafford Excerpts(8 years, 2 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank all noble Lords who have spoken so constructively to this group of amendments. I shall start with its government amendment, Amendment 4. Part 1 places a duty on the three emergency services to enter into collaboration agreements where it would be in the interests of efficiency or effectiveness to do so. In one place, the Bill inadvertently specifies a test of “efficiency and effectiveness”, and Amendment 4 rectifies that. The noble Lords, Lord Harris and Lord Rosser, rightly ask why the duty applies when the collaboration agreement would be in the interests of efficiency or effectiveness rather than both. Collaboration can lead to service improvements through either increased efficiency or increased effectiveness. Consequently, it should not be a precondition of a collaboration agreement that it should improve both. If an initiative would improve the quality of the service but not save any money, for example, we would still want the emergency services to give effect to that project. I hope noble Lords are satisfied with that explanation.
Lord Harris of Haringey
My Lords, is the noble Baroness leaving that point? It looks as though she is. I understand if she is saying that the collaboration must improve one of them and not have a negative effect on the other, but that is not what “effectiveness or efficiency” necessarily implies. If it means that it must be neutral about efficiency but improve effectiveness, say that. If it means that it must improve effectiveness but is neutral about efficiency, again, say it. By leaving the wording as “or”, the implication is that one might be detrimentally affected but that it would still be appropriate. So that we can understand what the Government are getting at, will she give us an example of a collaboration agreement that has improved one but not the other?
Baroness Williams of Trafford
As I said, a collaboration agreement could vastly improve the quality of a service, which is a good thing, but it may not save any money. However, the improvement of the quality of that service may be deemed to be very effective in that collaboration agreement. It obviously ties to both: it could increase the efficiency or it could increase the effectiveness. The happy outcome is that it might improve both. I hope that that is a decent explanation.
Lord Kennedy of Southwark (Lab)
I have just one point. Could it be more effective and less efficient or vice versa?
Lord Harris of Haringey
I am sorry to do this to the noble Baroness, because she is trying to be helpful. However, her answer to my noble friend has actually made the situation worse. If she had said, “As long it does not hurt either efficiency or effectiveness but there is an improvement in one”, that would have been fine. But she is now saying that there can be an improvement in efficiency that makes effectiveness worse, or vice versa. The question then is: how much will that have to be balanced and how will that balancing effect be measured? Surely the argument must be that it does not make either efficiency or effectiveness worse and it improves at least one of them.
Baroness Williams of Trafford
In that case, I will stick to the answer that I gave the noble Lord and perhaps disagree with the noble Lord, Lord Kennedy. We are so used to agreeing that that is almost my default position.
Perhaps we could move on to Amendments 1 and 2. I start by talking about some of the very good examples of emergency services collaboration that have gone on up and down the country. As noble Lords have said, there is clear evidence that emergency services can deliver real benefits for the public and help each service better meet the demands and challenges that they face. On Friday, I visited the emergency services collaboration in Greater Manchester. I was deeply impressed with the activity I saw, both in improving the service provided to the public—in all sorts of ways, as the noble Lord, Lord Bach, said in his speech—and in saving the taxpayer money.
On my visit to the Earlham tri-service station, I saw the benefits of collocation between the police, the fire and rescue service and the ambulance service in practice. Not only is this breaking down professional barriers but it is leading to far more innovative ways of delivering local services. If the noble Lord, Lord Bach, visits Earlham, he will see that the critical-risk intervention teams, which are led by the fire and rescue service in collaboration with Greater Manchester Police, respond to low-priority calls from the ambulance service regarding falls and mental health incidents. This innovative working is not only saving money, with an estimated £13 million in value being added across the region, but it is better protecting the public from harm.
There is a wide range of other examples from across the country of where emergency services collaboration is improving outcomes for local communities. For example, as the noble Lord, Lord Bach, said, in Leicestershire, the Braunstone Blues project has built on the success of a home fire-safety visit programme to involve all three emergency services in health, safety and well visits to local communities and schools. As he said, the programme is in its early stages, but I am sure it will be very successful.
Baroness Williams of Trafford
The noble Lord gave me that invitation this morning. I was happy to take it up then and I am happy to take it up now. It is good to see how things are working well on the ground. It gives one a much better picture than hearing about the theoretical application. I would be happy to visit.
I was talking about Northamptonshire, where there is an interoperability programme working towards bringing the police and fire and, in the longer term, the ambulance service even closer together. Their achievements include joint delivery of training, shared fleet and logistics, co-location of premises across a number of sites and a fully integrated prevention and community protection team. That has delivered savings of more than £460,000 to date.
In Hampshire, the H3 project has successfully integrated police, fire and county council back-office functions to deliver savings across the three services of approximately £4 million per year. I hope that this goes to the question asked by the noble Lord, Lord Harris. He asked why, if it is working so well, we are doing what we are doing. There are so many more collaborative projects that I could list, but collaboration is still patchy. More needs to be done to ensure that it becomes common practice at a local level. That is why the Bill introduces a raft of measures to ensure that collaboration can go further.
Amendments 1 and 2 probe why the test for making a collaboration agreement is whether the proposed collaboration would be in the interests of efficiency or effectiveness, whereas the first limb of the test for making an order establishing a PCC-style fire and rescue authority is based on whether the PCC’s proposal would be in the interests of economy, efficiency and effectiveness. Of course it is important that the potential economic impacts of collaborations are taken into account by the emergency services. However, these considerations are already provided for in the Bill. I hope that that answers the question of the noble Baroness, Lady Hamwee. The Bill states that services must consider whether potential collaborations are in the interests of the efficiency or effectiveness of the services involved. Considerations of the financial implications for the service in question would form part of that process.
That aside, the reason for the drafting approach taken in Clause 2 is essentially one of consistency. The test for the duty to collaborate in this clause mirrors that in respect of collaboration agreements between police forces under Section 23A of the Police Act 1996. Similarly, the adoption of the three “Es” in the test for making an order establishing a PCC-style fire and rescue authority mirrors the existing tests, in the Fire and Rescue Services Act 2004, in relation to the merger of fire and rescue authorities. As we are operating in this Bill on existing legislation, it is important to maintain consistency where possible.
The noble Baroness also talked about “its”. The “its” in Clause 2(4)(a) relates to the first proposed party. The “its” in Clause 2(4)(b) relates to the second or further proposed parties. No one will be frogmarched into a collaboration agreement; it must be agreed between the parties.
Amendment 3 would introduce additional and in our view unnecessary barriers to collaboration and duplicates existing duties on the emergency services to engage with local people when exercising their functions. For instance, PCCs have existing duties under Section 96 of the Police Act 1996 to engage with local people when exercising their functions. “Local people” is broad in its scope. It is up to individual areas and localities to agree what that means. Further, ambulance services are also required to make arrangements for the involvement of users when there are proposals to change the way in which the services are provided under Section 242 of the National Health Service Act 2006.
Similarly, fire and rescue services must have regard to the Fire and Rescue National Framework for England, which provides that they must be transparent and accountable to their communities for their decisions and actions, and must provide the opportunity for communities to help to plan their local services through effective consultation and involvement. Given these existing requirements, I am not persuaded that the additional, bespoke duty to consult before entering into a collaboration agreement is either necessary or proportionate.
Lord Rosser
I thank the Minister very much for her response to Amendment 6 and for what she just said about who defines efficiency and effectiveness, which was certainly a very clear answer. I will ask this as a question, rather than advocating that it should necessarily be done. In order to get some consistency, are the Government intending to send out any guidelines on how to interpret efficiency or effectiveness in the context of these clauses?
Baroness Williams of Trafford
I can certainly follow up on that question and give the noble Lord an answer before Report, but it would not be unusual in these circumstances for guidance to be issued to relevant people. I think the answer would be yes but I will double-check that and get back to the noble Lord.
The noble Lord asked what happens if a party refuses to collaborate. All local services would be under a duty to explore opportunities for collaboration and to enter into such collaboration agreements where it is appropriate to do so. They should be open and transparent about their reasoning. We will consider how the service inspectorates could take these decisions into account as part of their inspection programmes.
The noble Lord also asked about consultation with staff and trade unions. I sort of answered this question but the Bill is not prescriptive about consultation. It is relevant to the local area. Existing consultation duties will apply only to each of the services. This will not prevent consultation on a voluntary basis at all. I hope I made that clear in my remarks but thought I would answer it again now as the noble Lord asked a specific question.
The noble Lord, Lord Harris, asked how the new duty to collaborate will work in practice. The Bill places a new statutory duty on the police, fire and rescue, and emergency ambulance services to keep collaboration opportunities under review, and further for them to implement collaboration where it would be in the interests of their efficiency or effectiveness. Ambulance trusts will not be obliged to enter into collaboration agreements where they would have an adverse effect on either their non-emergency functions or the wider NHS. The duty is broad. It allows for local discretion in how it is implemented so that the emergency services themselves can decide how best to collaborate for the benefit of their communities.
My noble friend Lady Scott asked—this is an important issue—about the Government considering proposals to demerge FRA areas to enable further collaboration. As I am sure my noble friend knows because she was here with me on the devolution Bill, where police and fire boundaries are not coterminous it would be for local areas to consider how boundaries could be changed to support that further collaboration she talked about between the emergency services. The Government will consider any local case for a fire boundary change that demonstrates that it would be in the interests of economy, efficiency and effectiveness.
Lord Rosser
Would the Government also look at it if two PCCs decided they wanted to merge their police areas?
Baroness Williams of Trafford
If two PCC areas came to the Government with a proposal for change, the Government would consider it, just as in devolution where the Government considered any proposals that came forward. For example, just thinking of home, if Manchester and Cheshire wanted to come together—I am not saying they do—they could put forward a proposal. I hope that I have answered all noble Lords’ questions and that the noble Baroness will be content to withdraw the amendment.
Baroness Hamwee
My Lords, I am grateful for the care that the noble Baroness took in the detail of her response. On my Amendment 7 and operational matters for the police, I am not sure whether she was saying that if a PCC disregards concerns expressed by a chief constable about operational matters—she several times used the phrase “have regard to” such concerns—that would be a breach of the 2011 Act. I am not clear on that. Maybe that is not a matter for answering now. I would be happy to hear from her after today if that is a better way of dealing with this.
I am not sure which of the noble Baronesses who lead their respective councils used the phrase further collaboration—I think it was the noble Baroness, Lady Redfern. But since this is about further collaboration, it raises the question: why? The LGA argued strongly, I think in response to the Government’s consultation paper, that the sector should be enabled to continue to effect change without the Government resorting to legislation. It said that a duty to collaborate was,
“likely to provide a constraint that stifles innovation and broader collaboration. In the LGA’s view, the provision of incentives like transformation funding is more likely to produce greater collaboration between the emergency services, and between them and other public services”.
It said that such incentives,
“would also encourage the ambulance service, which in some cases has been less ready to engage with collaborative programmes”.
Despite what we have heard, that question still hangs in the air.
There was also the comment about consultation on a voluntary basis. When people resist consulting, that is when they most need to be required to consult; I think that must be the experience. The examples used about where things have worked well from the bottom up, prompted by what has been identified locally as desirable, obviously bear careful reading. There are still questions hanging over this but for the moment, I beg leave to withdraw Amendment 1.
Baroness Williams of Trafford
I thank noble Lords who spoke so articulately to this group of amendments, particularly the noble Lord, Lord Bach, who is the only PCC in both Houses of Parliament. To hear his experience is incredibly helpful. My noble friend Lady Scott also articulated very well some of what I will say. I think we know how Leicestershire and Rutland will proceed in due course.
On what the noble Lord, Lord Harris, calls “timidity”, the Government came into office with a clear manifesto commitment to,
“enable fire and police services to work more closely together and develop the role of our elected and accountable Police and Crime Commissioners”.
If the Government had been dictatorial and autocratic in what they expected, I am sure there would be a lot more complaints in both Houses. The provisions in Part 1, including those in Clauses 6 and 8 and in Schedule 1, give legislative effect to that commitment. Noble Lords have a proper role to play in scrutinising the details of the Government’s proposals.
Lord Harris of Haringey
I hesitate to intervene so early in the Minister’s response, but she referred to the Conservative Party manifesto. I assume she quoted from it. The quote she gave was about improving collaboration, which is covered by Chapter 1 of the Bill. The second part was about strengthening the role of police and crime commissioners. I do not think it said strengthening the role of police and crime commissioners specifically in terms of the fire service.
Baroness Williams of Trafford
My Lords, the quote,
“enable fire and police services to work more closely together”,
is captured—
Baroness Williams of Trafford
If I could make some progress, I am sure the noble Lord will come back to me if he feels he needs to.
As the noble Lord said, the provisions in Part 1 give legislative effect to that commitment. Noble Lords will have ample opportunity to scrutinise the details of the Government’s proposals and to put forward amendments to them, but I am a bit disappointed that the noble Lord, Lord Rosser, now seeks to strike out the key provisions in their entirety.
There are clear benefits to fostering greater joint working between the blue-light services, from better managing the changing nature of demand for services to providing greater value for money for taxpayers’ money in the interests of local people. While there are many excellent examples of collaboration between the emergency services across the country, which I talked about earlier—I draw the Committee’s attention to the excellent overview of such collaboration published by the Emergency Services Collaboration Working Group—it is clear that there is still more that can be done to secure smarter working, as I said. Collaboration is still patchy. We would like to make a more consistent service across the country.
The noble Lords, Lord Harris and Lord Beecham, talked about pilot schemes and trials. As I said, there is already substantial evidence to show that collaboration can work. The measures are locally enabling to reflect the Government’s view that local areas are best placed to determine the type of collaboration, but the provisions will in effect, by their very nature, be piloted as some areas will go first. A number of PCCs, such as Essex PCC, have already actively worked with their local fire and rescue services to develop a local business case.
Lord Beecham
Could the noble Baroness clarify what that means for responsibility for that service? Is it a collaboration between two services, or is she proposing that a single person should ultimately have responsibility for both services?
Baroness Williams of Trafford
It is about a single person having responsibility for both services. By their very nature, some will go before others and some are more advanced in working up their business cases. The public consultation that the noble Lord asked about took place over a period of about six weeks, I understand. People had an opportunity to respond.
The noble Lord also asked whether I had had any individual representation. I certainly have from Greater Manchester, which will not surprise him. I probably have not been in post long enough for my mailbag to start filling up with people’s views. I suspect that the Fire Minister, Brandon Lewis, may have had rather more.
To go back to what I was saying, Sir Ken Knight, whom noble Lords have mentioned, carried out an efficiency review of the fire and rescue service back in 2013. He concluded that opportunities to foster innovation and joint working were “hindered by local relationships” —of course, things can be vastly enhanced by local relationships in parts—and that greater leadership was required to overcome barriers to collaboration. He concluded that police and crime commissioners are well placed to provide that leadership and could clarify accountability to the public.
Taken together, Clause 6 and Schedule 1 enable a PCC to take on responsibility for the fire and rescue service in his or her local area. The Government believe that the directly accountable leadership of PCCs can play a critical role in securing better commissioning and delivery of emergency services at a local level. By overseeing both services, they can maximise the opportunities for innovative collaboration between policing and fire services, and ensure that best practice is shared.
As noble Lords have alluded to, we are introducing two models for PCC governance of fire and rescue services. The first, the “governance” model, will enable the PCC to take on responsibility for fire and rescue services in their area. In this model, the two distinct organisations will remain, with a chief constable in charge of the police force and a chief fire officer continuing to have operational responsibility for the fire and rescue service.
As a further step, a PCC could put in place the “single employer” model, under which the PCC would appoint a single chief officer, who would employ both police and fire personnel. This approach will remove the barriers that can prevent the full potential of fire and police collaboration, including the need to draw up contracts and collaboration agreements. This model will also enable upper tiers of management to be streamlined, with a single chief officer at its head. To ensure consistency, Clause 8 applies the single employer model to combined authority mayors to enable mayors with both policing and fire functions to secure the same benefits of closer alignment of policing and fire as their PCC counterparts.
I stress that the provisions in Schedule 1, providing for PCCs to take on the functions of fire and rescue authorities, are locally enabling. I hope this gives the noble Lord, Lord Bach, comfort. I stress that the Government are not mandating the transfer of these functions to PCCs. We know that a one-size-fits-all approach would clearly be inappropriate and it should be up to local communities to have a say in how their services are provided. Rather, PCCs will be able to take on responsibility for fire and rescue only where a strong local case is made that it is in the best interests of either efficiency, economy and effectiveness on the one hand, or public safety on the other, for the transfer to take place. They would be required to consult locally on that case.
If the PCC does not have local agreement to their proposal but still wishes to proceed with their case, the Home Secretary will be required to seek an independent assessment of the PCC’s business case and consider it and the representations made by the relevant local authorities before taking the decision whether to give effect to the proposal. This will be a robust process that ensures local concerns are fully taken into account and provides for independent verification of the merits of the case.
It is also important to be clear—the noble Lord, Lord Paddick, asked about this—that under these reforms, local police forces and fire and rescue services would remain distinct front-line services, albeit supported by increasingly integrated back-office and support services. It is not an operational merger. The important distinction between operational policing and firefighting will be maintained, with the law preventing a warranted police officer being a firefighter remaining in place. There is no intention to give firefighters the power of arrest or other core powers of a constable.
Lord Rosser
I have one or two points. Bearing in mind that this is not necessarily about a clause standing part, I am not sure I am in the position of being invited to say whether I am withdrawing something.
However, in response to the argument about having a pilot exercise first, the noble Baroness said that in effect there will be a pilot exercise because inevitably one or two PCCs may want to go down that particular road. The inference was that we will then be able to assess from what happens how well it works. Does that mean that the Government are saying that if, for example, one or two PCCs decide they want to go down this road and that is approved by the Home Secretary, there will then be a period to see whether the PCC with responsibility for the fire and rescue services actually achieves what the Government say it will before there are any further transfers of responsibility for a fire and rescue service to a police and crime commissioner?
In that context, the Minister pointed out that there will be two distinct organisational models. Would that mean that we will await the outcome of the first transfer of responsibility of a fire and rescue service to a PCC under both those organisational models, with a sufficient period to evaluate how well it worked, before there were any further moves? I am not entirely convinced by the Government’s argument that in reality there will be a pilot unless the Minister can give me an assurance that there will be a gap after the first one or two go over to see how well this works and for it to be properly evaluated. That is my first question in response to what the noble Baroness said on behalf of the Government.
She then spoke about the provision in the Bill for a PCC to make an application to take over responsibility for the fire and rescue services and said that there would be consultation. Will there at that time also be consultation on alternative ways to improve efficiency or effectiveness, for example through greater collaboration, or will the only option on the table be the proposal from the police and crime commissioner, with no discussion or consultation on whether there is a better way to achieve what the Government say will be achieved by a police and crime commissioner taking over responsibility for a fire and rescue service? It would be helpful if the noble Baroness gave a response to those two particular points.
Finally, I asked in my contribution whether the fact that the Government say that police and crime commissioners should be able to take over responsibility for fire and rescue services meant that they were also saying that the structures of the two organisations— fire and rescue, and the police and crime commissioners and police forces—would effectively remain the same? The point has been made that they are not already co-terminous in all cases. The inference of the Government’s intention to seek to go down the road of PCCs having responsibility for fire and rescue services is that they deem the best organisational and governance structure for fire and rescue services to be, in effect, the same as that for police forces and the police service, and that that is the longer- term intention of the Government: to leave things basically as they are as far as the structure of the police service is concerned. Is that what the Government are saying?
Baroness Williams of Trafford
My Lords, I talked about the provisions in effect being piloted as some areas will go first. Not every area will move at the same pace, so clearly it will be a matter for local determination. Some PCCs might come forward with proposals in 2017 and others in 2018. The Bill will also be subject to post-legislative review in the normal way. Consulting on the proposals is—
Lord Harris of Haringey
On the question of pilots, the Home Office has no doubt given careful consideration to what has been in essence a 16-year pilot, in that since the office of the Mayor of London was created in 2000, the mayor has had responsibility for both police and fire. Although the mayoralty of London has been an enormous success, as everybody around the world acknowledges, can the Minister tell us what administrative or back-office savings have been delivered as a result of a single elected person having responsibility for both services in that intervening period? Having some degree of knowledge about that, I am not sure that there have been an awful lot.
Baroness Williams of Trafford
Being of Haringey, the noble Lord probably has a far better idea of what efficiency savings have been achieved over those years. It is funny that he said that the mayoralty of London has been such a great success. It has been, but there was huge scepticism about it among many people and across parties when it began. I made the point about the noble Lord, Lord Bach, because, as time goes on, people are seeing the merit of having very accountable leadership at the top of organisations.
I return to the point on consultation. The Government have already consulted on their proposals for emergency service collaboration and that consultation informed the development of the clauses in the Bill. PCCs will undertake further local consultation on their business case, which brings me back to the question asked by the noble Lord, Lord Rosser, about the alternatives. Clearly, things evolve locally and change over time, but I do not think that they will be consulting on alternative proposals.
Lord Rosser
Does the Minister not think that that would be desirable? A proposal by a PCC who sought to take over responsibility for fire and rescue services would, to state the obvious, involve collaboration between those two services. But as we have heard today from a number of noble Lords, there are already many examples of effective collaboration that go way beyond simply the police service and the fire service. If a PCC has a desire to take over responsibility for a fire and rescue service, surely it is legitimate to raise the question of whether more and better collaboration would not be achieved through other means. The greater collaboration provided for in the first part of the Bill, which we have already discussed, would potentially go over a much wider range of services, authorities and organisations than simply between the police and the fire service.
Baroness Williams of Trafford
My Lords, there is no barrier to wider collaboration. I keep harking back to my visit to Salford last week, where the police, fire and ambulance services are collaborating. Much wider collaboration has been going on for years, and this is just part of it. The noble Lord was talking about the PCC developing the business case, but the alternatives are not the purpose of the consultation.
Lord Rosser
I will be brief. As the noble Baroness, Lady Hamwee, mentioned, Amendments 12, 30 and 44 in this group are in my name as well as hers. As she also said, they seem not too dissimilar to the issue we discussed earlier when we debated Amendment 6. Amendment 12 provides that before the Secretary of State may make an order for a police and crime commissioner to take over the fire and rescue authority, it must appear to the Secretary of State that it would be both,
“in the interests of economy, efficiency and effectiveness”,
and,
“in the interests of public safety”.
It is that last bit which the amendment seeks to achieve.
Amendments 30 and 44 are in a similar vein in respect of the making of an order by the Secretary of State for the delegation of the functions of a fire and rescue authority to the relevant chief constable and in respect of a police and crime commissioner submitting a proposal to the Secretary of State to take over a fire and rescue authority.
Without wanting to labour the point too much, it is not clear why the Government, on this major change in organisational structure for the fire and rescue services, consider that it being,
“in the interests of economy, efficiency and effectiveness”,
and it being,
“in the interests of public safety”,
should be separated and alternatives when it comes to the Secretary of State making an order for a police and crime commissioner to be the fire and rescue authority. It raises issues about in what circumstances the Secretary of State would make an order when he or she considered it to be in the interests of economy, efficiency and effectiveness but not in the interests of public safety, which the Secretary of State would apparently be entitled to do under the terms of Schedule 1. Likewise, in what credible circumstances would the Secretary of State make an order based on it being in the interests of public safety when it was contrary to the interests of economy, efficiency and effectiveness, as apparently he or she could also do under the terms of Schedule 1 as it stands?
As the noble Baroness, Lady Hamwee, suggested, I am rather hoping I may get a fairly sympathetic response, similar to the one I had on Amendment 6. I will wait to hear what the Minister has to say.
Baroness Williams of Trafford
My Lords, where a PCC is interested in taking responsibility for fire and rescue, he or she will work with the local fire and rescue authority to prepare a business case setting out their assessment of the benefits and any costs of a transfer. The business case will then be subject to local consultation. The business case would need to show the Home Secretary how the proposals would be in the interests of economy, efficiency and effectiveness on the one hand or public safety on the other. The Home Secretary is able to make the order only if she is satisfied that one or other of these tests has been met. Amendments 12, 30 and 44 would instead require both tests to be satisfied. Amendment 99 seeks to apply the same change to the single employer model operated by a combined authority mayor.
The provisions as currently drafted mirror those for fire and rescue authority mergers. Section 2(2) of the Fire and Rescue Services Act 2004 sets out that the Secretary of State may make a scheme combining two or more fire and rescue authorities only if it would be in the interests of economy, efficiency and effectiveness or public safety. This is a long-established test, enacted by the previous Labour Administration, for the closer alignment of two services, and we therefore do not agree that an amendment is required.
We would expect that any assessment of the impact of a proposed transfer of governance on effectiveness would include an assessment of its impact on public safety, which is a primary function of the emergency services. In forming a view on the first test of economy, efficiency and effectiveness, the services’ role in protecting the public should therefore be paramount in the PCC’s consideration.
However, the provisions which, as I have said, mirror those that have been tried and tested for fire mergers, also provide for a separate test based on public safety. There may be exceptional circumstances where a current service is failing to protect the public and urgent action is required. In such a case, it is right that the Home Secretary should be able to make a Section 4A order solely on the grounds that to do so would be in the interests of public safety.
While I do not agree with the proposed amendments, I recognise the principle behind them. Police and fire and rescue services perform an important function in protecting the public, and we would not want a transfer of governance to have a negative impact on public safety. It is absolutely not the intention for these provisions to permit cases that would save money but damage front-line provision—which I almost said in my answer to Amendment 1—and the Home Secretary would not approve such a proposal. Indeed, such a proposal would not satisfy the test that it would be in the interests of economy, efficiency and effectiveness for a Section 4A order to be made.
However, there might be other ways of incorporating the spirit of these amendments in Clause 8 of and Schedule 1 to the Bill in order to make it absolutely clear that there is no question of an order being made that would have a detrimental impact on public safety. If the noble Lord, Lord Rosser, would be content not to move the amendment, I will reflect further on what he and the noble Lord, Lord Paddick, have said in advance of Report, although they will understand that I cannot give a commitment at this stage to bring forward a government amendment.
Amendments 10 and 11 are on assessing the duty to collaborate. I cannot be so accommodating with these amendments. As I have set out, where a PCC wishes to seek responsibility for fire and rescue, they will be required to prepare a local case setting out their proposal. The Home Secretary will then give consideration to whether it would be in the interests of economy, efficiency and effectiveness or public safety for the order transferring the functions to be made.
Amendments 10 and 11, proposed by the noble Baroness, Lady Hamwee, in the place of the noble Lord, Lord Paddick, would, in effect, additionally require the Home Secretary to assess the extent to which opportunities for collaboration under the provisions of Chapter 1 of Part 1 had been maximised before she decides whether to agree to the PCC’s business case for a Section 4A order.
I do not agree that such additional steps are required. The duty to collaborate and the fire governance provisions in the Bill are distinct. It is not necessary for a PCC to have exhausted all local opportunities for collaboration in order to make a case for a transfer of governance. While PCC governance of both police and fire and rescue services can maximise the opportunity for collaboration between policing and fire and ensure that best practice is shared, the benefits extend beyond collaboration alone. As Sir Ken Knight found in his efficiency review, the directly accountable leadership of police and crime commissioners can clarify accountability arrangements to the public.
On the basis of that and the undertaking that I will reflect further on Amendments 12, 30, 44 and 99, I hope the noble Lord, Lord Paddick, will be content not to press his amendment.
Baroness Hamwee
My Lords, I reserve my right to consult my noble friend after today.
The start of the Minister’s explanation of “and” and “or” made me wonder whether consistency was more important than logic and safety, but it would be unkind to pursue that thought. The thought I will pursue is the Minister’s comments about safety being encompassed within economy, efficiency and effectiveness —effectiveness in particular, if I understood her correctly. Clearly they are not, otherwise it would not be necessary to have paragraphs (a) and (b) as separate paragraphs and to have paragraph (b) in addition to paragraph (a). We are all grateful to the Minister for offering to consider this further. I think we are not going to come to a meeting of minds on the two earlier amendments. I beg leave to withdraw the amendment.
Baroness Hamwee
My Lords, my noble friend Lord Paddick and I have Amendment 23 in this group. It is a probing amendment, although it no doubt looks as if it may be more than that. It would take out what will be the new Section 4E in the Fire and Rescue Services Act, which is the requirement for an authority created by Section 4A to have a fire fund and for receipts and expenditure to be dealt with through that fund.
I am not of course challenging the need for transparency or the need to enable audit trails and all the rest of it, but a separate fire fund presumably means a separate policing fund, and our amendment is intended to probe how this will work. If there are to be efficiencies through shared facilities, and perhaps shared sites and some shared staff, how are those to be dealt with? Is there to be an allocation of costs of the shared services to the fire fund and to the policing budget? What is to stop virement between police and fire—or between fire and police, whichever way you look at it? I hope that the noble Baroness can explain a little more how the budgetary and accounting arrangements are to operate.
Baroness Williams of Trafford
My Lords, public safety is of course paramount and it is important that fire and rescue authorities are properly resourced to carry out their life-saving and other functions. When a PCC is interested in taking on the governance of fire and rescue, they will work with the local fire and rescue authority to prepare their proposal, including an assessment of why it would be in the interests of economy, efficiency and effectiveness, or public safety, for the transfer of governance to take place. If the noble Lord is amenable, we can address the issue of consultation in Amendments 47 and 48, as it is relevant to them. It is also important to remember that fire and rescue authorities are required, under the duty to co-operate, to provide the PCCs with necessary information to inform their proposal. It is reasonable to expect that an authority’s funding provision will be a key piece of information for any PCC to consider.
Amendment 13, put forward by the noble Lord, Lord Rosser, appears, at least in part, to be based on the assumption that under the governance or single-employer model it would be possible to divert fire service funding to the police force. The noble Baroness, Lady Hamwee, also talked about virement. I assure the Committee once again that there will be no change to the way funding is allocated to fire and rescue authorities that are the responsibility of PCCs, and no question but that FRAs will have the resources they need to carry out their important work. As the then Policing Minister said during the passage of the Bill in the House of Commons, under both the single-employer model and the governance model, there will continue to be two separate precepts and two separate central funding streams for the police and the fire and rescue service.
The noble Lord, Lord Rosser, talked about the position since 2010 regarding firefighter jobs et cetera. There has been a long-term downward trend in the number of both fires and fire deaths, which recently reached historically low levels. Despite the latest increases —which I concur with the noble Lord about—fire deaths in England in 2015-16 were still 9% lower than they were some six years ago and fire injuries requiring hospital treatment were 25% lower. At this point, I pay tribute to the fire service for installing smoke alarms in people’s homes and advising them on how to reduce the risk of fire. I am sure that has helped with the long-term reduction in these numbers.
Given that assurance, I hope the noble Lord agrees that the amendment is unnecessary. By driving efficiencies in the way that back-office and support functions are provided to both the fire and rescue service and the police force, the provisions in Part 1 will help to strengthen front-line services.
I understand that the intention of the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, in tabling Amendment 23 is, as she said, to probe how any joint service functions could work in practice if the funds continue to be separated in the way I have set out. The Committee should be in no doubt that under the provisions in the Bill, a police and crime commissioner will not be able to use the fire budget for policing and vice versa. The money spent on each service will need to be accounted for separately in order to ensure transparency and accountability.
However, I assure the noble Baroness that it will still be possible for police and fire funding to be allocated for the purposes of shared back-office functions or other collaboration arrangements, but the costs for these functions will be apportioned back to the appropriate budget and accounted for separately. This ensures that clarity and transparency in funding is maintained. Requiring the police and crime commissioner to hold a separate fire fund for their fire funding mirrors the existing arrangements in place for them to hold a police fund.
Given those assurances, I hope that the noble Lord will be prepared to withdraw the amendment.
Lord Rosser
I thank the Minister for her response. Although I intend to withdraw my amendment, I am not quite as confident as the Government that at some stage in the process of transferring responsibility for fire and rescue services to a police and crime commissioner, there will not be at least a temptation to switch some resources away from one service to the other—because of pressure on finance, not for any other reason—and that will be in a situation where the police service is the dominant service. In those circumstances, I would have thought it would be something of a safeguard for at least the Secretary of State to be required, before the move took place, to assess the level of funding the police and crime commissioner would need to retain the resilience of the fire and rescue service. However, I note what the Minister has said, and once again I thank her for her reply. I beg leave to withdraw the amendment.
Baroness Williams of Trafford
My Lords, as the noble Baroness explained, these amendments are about the delegation of fire and rescue functions by a police and crime commissioner and sub-delegation by the chief constable under a single-employer model. I understand these to be probing amendments—the noble Baroness confirmed that—which are designed to test why arrangements for delegation are required, and to ensure that the chief fire officer or chief constable, as appropriate, will continue to have operational responsibility. I hope to be able to reassure the noble Baroness on both those points.
Where an order is made transferring responsibility for the fire and rescue service to the police and crime commissioner under new Section 4A of the Fire and Rescue Services Act 2004, it is necessary for that order to make provision about the delegation of functions by the police and crime commissioner. As the fire and rescue authority, the PCC will have the functions of the fire and rescue service vested in it as a corporate sole. However, in practice we would expect it to delegate the majority of functions to a chief fire officer who, under arrangements to be made by the PCC, would have operational responsibility for the service.
The order therefore needs to specify which functions may or may not be delegated, including the strategic functions that must be performed by the PCC and those operational functions we would expect to be performed by the chief fire officer. It is right that the PCC should be enabled by the order to delegate fire and rescue functions to its fire and rescue staff, including firefighters, to secure the delivery of an efficient and effective fire service. I have also tabled technical amendments to ensure that the PCC is able to delegate fire and rescue functions to the staff of its PCC office so that the office can operate effectively, appoint a single chief executive and share policy support if it so wishes to drive efficiency.
Where an order is made under new Section 4H of the 2004 Act implementing the single-employer model at the request of a PCC, it is also necessary for that order to make provision about the delegation of functions by the chief officer. The chief officer will legally be the chief constable of the police force area, but will be the employer of both police and fire and rescue personnel. In order to secure the effective delivery of the fire and rescue service, the chief officer will need to be able to sub-delegate functions that have been delegated to them by the PCC to fire and rescue staff who have transferred to them, as well as to any fire and rescue staff they employ, including firefighters.
Additionally, to help them to maximise the benefits of collaboration between the two services, the chief officer will also be able to delegate fire and rescue functions to their police personnel. However, let me be absolutely clear that this is not an operational merger, as I have said before. The delegation of functions is subject to the clear restriction that police officers cannot be employed for the purposes of fighting fires and that firefighters cannot perform functions that are reserved for warranted officers.
Finally, I would add that, in practice, the arrangements with regard to the delegation of functions will operate in similar fashion to the way in which they do now. The 2004 Act confers functions on fire and rescue authorities, but those authorities do not discharge all functions themselves. Many are delegated to a chief fire officer and sub-delegated beyond that. We need similar flexibility under the scheme provided for in the Bill. With that explanation, I hope that the noble Baroness will withdraw her amendment.
Baroness Hamwee
My Lords, the first thing I should do is thank the Minister for putting on the record the answer to a question that I put to the Bill team a little while ago seeking some clarification. It is good to have that on the record. That was in regard to officers in different types of authority—police and fire—carrying out one another’s functions.
I remain a bit confused about sub-delegation, as distinct from arranging for functions to be carried out by what under this scheme is a sub-delegatee—I do not know whether that is the right word for the person further down the chain. I will think about what the Minister has said, and I beg leave to withdraw the amendment.
“(6A) In this section “fire and rescue functions”, in relation to a chief constable means— (a) functions which are delegated to the chief constable under provision made under subsection (1)(a), and(b) functions relating to fire and rescue services which are conferred on the chief constable by or by virtue of any enactment.”
“4KA Application of fire and rescue provisions(1) The Secretary of State may by order—(a) apply (with or without modifications) any provision of a fire and rescue enactment in relation to a person within subsection (2);(b) make, in relation to a person within subsection (2), provision corresponding or similar to any provision of a fire and rescue enactment.(2) Those persons are—(a) a chief constable of a police force for a police area to whom an order under section 4H applies,(b) a member of staff transferred to such a chief constable under a scheme under section 4I(1),(c) a member of staff appointed by such a chief constable under section 4I(4),(d) a member of such a chief constable’s police force to whom functions have been delegated by virtue of section 4H(1)(b), and(e) a member of the civilian staff of such a police force (as defined by section 102(4) of the Police Reform and Social Responsibility Act 2011) to whom functions have been delegated by virtue of section 4H(1)(b).(3) The power conferred by subsection (1)(a) or (b) includes power to apply (with or without modifications) any provision made under a fire and rescue enactment or make provision corresponding or similar to any such provision.(4) The Secretary of State may by order amend, revoke or repeal a provision of or made under an enactment in consequence of provision made by virtue of subsection (1).(5) In this section “fire and rescue enactment” means an enactment relating to a fire and rescue authority (including, in particular, an enactment relating to an employee of such an authority or property of such an authority). This includes an enactment contained in this Act.(6) References in this section to an enactment or to provision made under an enactment are to an enactment whenever passed or (as the case may be) to provision whenever the instrument containing it is made.”
Lord Rosser
We have a number of amendments in this group. The first, Amendment 46, provides that, before a police and crime commissioner submits a proposal to take over a fire and rescue authority, the commissioner must consult each relevant fire and rescue authority and any local authority or part thereof whose area forms part of the fire and rescue authority area, in addition to seeking the views of people in the commissioner’s police area about the proposal. This is a particularly relevant and apposite amendment, with the requirement to consult widely. That requirement applies to the other amendments that we have tabled, since the Minister has already confirmed that, when it comes to a PCC making a proposal to take over a fire and rescue authority, there will be no requirement to look at alternative options that might be better, such as collaboration agreements involving a wider range of emergency services and other relevant organisations. There is hence a need to make sure that there is very thorough and effective consultation on the PCC proposal and that every effort is made to ensure that such proposals have full support and meet the wishes of those most affected.
Amendment 48, provides that police and crime commissioners seek the views of people in the fire and rescue authority area before submitting a proposal. I note the comment made about the amendment by the noble Baroness, Lady Hamwee, but since it is the fire and rescue service that is to be taken over, those people who will be most affected are those within the fire and rescue authority area. It is their fire and rescue service that is likely to be considerably affected by the proposed takeover.
Amendment 50 provides that a Section 4A proposal, whether modified or not, may be made only with the consent of all relevant local authorities and fire and rescue authorities or, if that is not achieved, by a majority vote in support of the proposal in a referendum of the local population. The purpose of this amendment is to explore the extent to which the Government intend to make sure that there is genuine, majority consent to what the PCC is proposing among those affected. Under the terms of the Bill, it is clear that a proposal to take over a fire and rescue authority by a police and crime commissioner could be driven through irrespective of the views expressed, including those expressed by other elected representatives.
Amendment 51, the final amendment that we tabled in the group, provides that the Secretary of State must obtain an independent assessment of the police and crime commissioner’s proposals. There is, of course, provision already in the Bill for the Secretary of State to obtain an independent assessment, but apparently that assessment need not be by somebody with some expertise in looking at the issues involved or in looking at the proposals and the kind of justification for those proposals that would be put forward. Hence the amendment, which would provide that the independent assessment of the proposal will be,
“from an independent panel of experts chosen by the relevant police and crime commissioner and the relevant local authorities”.
I hope that the Minister, even if it is not her intention to accept the amendments—I am not anticipating that she is about to do so—will at least be willing and able on behalf of the Government to address the concerns that these amendments represent.
I accept the point that the Minister made earlier, that I was not really raising my point in respect of the appropriate group of amendments. Hence, I willingly agreed to put it back and raise the issue when this group of amendments on consultation was discussed. Although the Bill refers to consultation and seeking the views of certain groups and people, it does not appear to provide any statutory provision for the views to be sought of the employees of the organisations that will be affected, which are the police forces and fire and rescue services concerned, and their representative organisations—that is, the trade unions involved, when there are trade unions representing them. Will the Minister address that point?
Baroness Williams of Trafford
My Lords, these amendments raise a number of important points about the process for bringing forward a proposal for a police and crime commissioner to take on the governance of the fire and rescue service. I shall take each of the amendments tabled in turn.
Amendment 45 would require a police and crime commissioner to meet the costs incurred by a fire and rescue authority in providing information requested by the PCC for the purposes of the preparation of his or her proposals. To produce a comprehensive business case, police and crime commissioners will have to work with the fire and rescue authorities in their police area. This will obviously require a degree of information-sharing, which is why the Bill places a duty on fire and rescue authorities to co-operate with police and crime commissioners in the development of their proposals.
Requiring police and crime commissioners to meet the costs incurred would be contrary to the principle of local collaboration—we talked about common costs—and could introduce barriers to effective co-operation between police and crime commissioners and fire and rescue authorities. I want to be clear that, under the duty, fire and rescue authorities are required to provide only such information as the police and crime commissioner might reasonably require. Therefore, fire and rescue authorities would already have grounds to refuse a request if they considered it to be unreasonable. That strikes the right balance between ensuring that police and crime commissioners are able to prepare a robust business case, while safeguarding fire and rescue authorities from being subjected to unreasonable and burdensome requests.
Amendments 45 to 49 and Amendment 55 all deal, in one way or another, with the issue of consultation. Amendment 47 requires a PCC to consult fully with people in their local police area before submitting their proposal to the Home Secretary. The Bill already requires a PCC to seek the views of people in their police area, but provides flexibility over how this is done. That is important to enable PCCs to reflect the different local arrangements that exist in different areas.
I note that the noble Baroness, Lady Hamwee, expressed some scepticism about the requirement to seek local views, and whether it was robust enough. Just to speak from my own experiences in Greater Manchester, given how the PCC—we have an interim mayor who is also an interim PCC—and all the various authorities and agencies interact with each other, it is no environment for an autocrat to ignore the feelings of local authorities or other agencies with which he or she works. It would make for a very unsatisfactory outcome if he or she ploughed ahead regardless, without considering the concerns of other bodies. The noble Lord, Lord Rosser, mentioned trade unions, which in some places are crucial in the determination of these things; local authorities most certainly are, in Greater Manchester. The way it operates is collegiate, and always has been, for some 30 years. I give noble Lords the comfort from my own experiences. As a lone Conservative in a group of 10 local authorities, of which one other was Lib Dem, I know that to work in that collegiate way is crucial to the fortunes of the combined authority and the PCC. I contend that, in practice, what the noble Baroness suggests might happen is very unlikely to happen.
Amendment 48 seeks to replace the reference to the police area with one to the fire and rescue authority area. Such a change would, however, have no material effect. Any proposal put forward by a PCC, or two PCCs acting jointly, must maintain co-terminous police and fire and rescue authority areas, as we have said. For example, any proposal put forward by the Sussex PCC must relate to taking on the governance of both East and West Sussex fire and rescue authorities. It follows that, in seeking the views of people in the Sussex police area, the PCC would also seek the views of people in the two affected fire and rescue authority areas.
The noble Lord talked about referenda. Those are not just expensive undertakings—we estimate the average cost in respect of an average-sized police force would be £1.6 million—but lengthy. We are talking about individuals who are directly elected by the people; making them additionally go through a referendum when they are already mandated by the people would probably not be wise. There is a remedy to PCCs not entirely doing what is in the best interests of local people: voting them out at the next election.
Amendment 49 makes provision for a PCC to publish the outcome of the consultation on their local business case. I recognise the important principle behind this amendment and am sympathetic to it. It is generally considered good practice for public bodies to be clear and transparent about the outcome of any public consultation, and we would not expect a PCC to behave any differently in this instance. Accordingly, I would be content to consider this amendment further in advance of Report.
Amendment 55 seeks to extend the duty on a PCC to consult relevant local authorities on a local business case to encompass any local authority which might be affected by the proposed transfer. I hope the noble Baroness will agree that, in the example I have given, it would almost be a given that local authorities would be involved in the process.
A police and crime commissioner’s proposals will need to set out clearly the benefits that a transfer of governance will bring. It is only right that a local authority that shares its boundaries with the fire and rescue authority or whose boundaries fall within the fire and rescue authority should definitely have its say, but I do not agree that it is necessary to extend this duty any further. While it is true that decisions on the deployment of resources have the potential to impact on neighbouring local authority areas, or authorities with which the fire and rescue authority collaborates, I want to be clear that these are operational issues and, as such, would be a matter for the chief fire officer, rather than for the PCC’s business case. Furthermore, where a police and crime commissioner intends to submit a local business case, the Bill does not prohibit consulting with additional local authorities, should they wish to do so.
“(b) references to the chief officer’s functions were to the relevant chief constable’s fire and rescue functions.”