Baroness Williams of Trafford
Main Page: Baroness Williams of Trafford (Conservative - Life peer)Department Debates - View all Baroness Williams of Trafford's debates with the Home Office
Wednesday 30th November 2016
(7 years, 4 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 72-I(Rev)(a) Amendments for Report, supplementary to the revised marshalled list (PDF, 62KB) - (30 Nov 2016)
“(8) A collaboration agreement may be—(a) varied with the agreement of all of the parties to the agreement, or(b) replaced by a subsequent collaboration agreement.”
Lord Paddick
My Lords, I support the amendments proposed by the noble Lord, Lord Rosser. The government amendments in this group do not go far enough—for example, in publishing the results of any consultation in full and on the process of the consultation itself, which we believe simply cannot be left in the hands of a police and crime commissioner. We also oppose in principle that police and crime commissioners should be allowed to take over fire and rescue authorities, for many of the reasons that the noble Lord, Lord Rosser, gave this afternoon and in Committee, particularly, as we dealt with in Amendment 1, the issue around coterminosity. We also share the concerns about the employment implications of merging police services and fire and rescue services in a single employer model under a police and crime commissioner.
My noble friend Lady Hamwee and I have Amendment 19 in this group. The amendment would require that the Secretary of State cannot make an order to provide for the police and crime commissioner to be the fire and rescue authority under new Section 4A unless this has been agreed by all relevant local authorities. This amendment is supported by the Local Government Association.
In Committee, the Minister seemed to want to have her cake and eat it—to use a topical phrase. When these issues were discussed, she said at one point that,
“the Government are not mandating the transfer of fire and rescue authorities to police and crime commissioners. These provisions are locally enabling and acknowledge that local leaders are best placed to assess what would work … in their areas”.
But then later she said:
“Where there is clear merit in a transfer taking place that could benefit local communities, it would be wrong to allow vested local interests to stand in the way”.—[Official Report, 14/9/16; col. 1520.]
Local authority councillors are democratically elected to represent local people. One of their responsibilities is the fire and rescue service. Police and crime commissioners have been democratically elected to oversee policing, based on a manifesto that covers only policing. I believe that the Minister was right to say that local leaders are best placed to assess what would work best in their areas, and wrong to describe as “vested local interests” the democratically elected local authority councillors who do not agree with their police and crime commissioner about the PCC taking over local fire and rescue services. Our amendment is in line with the Minister’s initial comment in Committee, rather than her later comment.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government came into office with a clear manifesto commitment to enable fire and police services to work more closely together and to develop the role of our elected and accountable police and crime commissioners. The provisions in Part 1 of the Bill, including those in Clause 6, give legislative effect to that commitment.
It is clear that better joint working can strengthen our emergency services, deliver significant savings to taxpayers and, most importantly, enable the emergency services to better protect the public. While there are many excellent examples of collaboration between the emergency services across the country—I draw noble Lords’ attention to the excellent overview of such collaboration recently published by the Emergency Services Collaboration Working Group—the picture of collaboration remains patchy and more needs to be done to make collaborative working the norm. The directly accountable leadership of PCCs can play a critical role in this by securing better commissioning and delivery of emergency services at a local level. This is not about a merger or a police takeover; nor is it an erosion of the brand identity of the fire service. By overseeing both services, PCCs can strengthen the services by maximising the opportunities for innovative collaboration between policing and fire, and ensure that best practice is shared.
It has been said many times before, but I should stress again, that the provisions in Clause 6 providing for PCCs to take on responsibility for fire and rescue are totally locally enabling. 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. 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 or effectiveness, on the one hand, or public safety, on the other, and where they have consulted the relevant local authorities and the public. Removing the provisions from the Bill that enable PCCs to take on governance of fire and rescue denies PCCs the opportunity to drive forward local reform. In a number of areas—for example, Essex, Northamptonshire and Hertfordshire—we know that PCCs are already working closely with their fire and rescue authorities to consider the local case.
Requiring there to be local agreement before a transfer of governance can take place, as proposed by the noble Lord, Lord Paddick, would introduce unnecessary and unjustifiable barriers that serve to inhibit positive collaboration taking place at a local level. If there are valid reasons for a local authority’s opposition to a PCC’s proposal, these will be identified in the independent assessment process and the Home Secretary will approve a transfer only where a case has been made that it is in the interests of local communities. It would not be right to let parochial local interests—to take up what the noble Lord said—get in the way of reform where there is a clear benefit to the public.
In Committee, I was clear that the Government’s intention is for the process by which a PCC brings forward a business case for the transfer of responsibility for fire to be as robust and transparent as possible. It is important that this process commands the confidence of all parties and that local views are properly taken into account. To provide even greater assurances on this point, the Government have put forward a number of amendments which strengthen the consultation and transparency duties on PCCs. These amendments respond to a number of helpful and important points raised by noble Lords during the earlier stages of the Bill.
First, Amendment 9 will replace the existing duty on PCCs to seek the views of people in their police area with a duty that requires them to consult them. This strengthening of the duty makes explicit the Government’s expectation that PCCs will take local views into account when developing their business case and responds to concerns that the existing duty to seek views is not strong enough. In addition, Amendment 10 places an explicit duty on PCCs to consult with persons representing the views of employees and of members of the police force who may be affected by their proposal. I would expect this to include trade unions and staff associations such as the FBU, Unison and the Police Federation.
Amendment 16 will additionally require the PCC to submit a summary of the responses to such consultation to the Home Secretary to inform her decision on the proposal where the PCC does not have local agreement. It remains appropriate that it is for the PCC to determine the manner in which they should consult local authorities, the public and employee representatives, and Amendment 13 makes that clear. In the interests of transparency, Amendments 11, 15 and 17 will also require the PCC to publish the outcomes of their local consultation and the Secretary of State to publish the independent assessment that she secures of a PCC’s business case, where they do not have the agreement of the relevant local councils.
The noble Lord, Lord Rosser, tabled further amendments to these provisions, which seek to further prescribe the process by which a PCC consults on his or her proposal and the requirements on the Home Secretary to publish an independent assessment. As I have already set out, I am very keen, like the noble Lord, to make sure that the process by which a PCC seeks to take on the responsibilities of a fire and rescue authority is as robust and transparent as possible. However, I hope the noble Lord would agree that many of the points that he has raised are properly a matter for guidance rather than for primary legislation. The circumstances of each local consultation will be different, so we should not unduly fetter local flexibility to put in place proportionate arrangements that recognise the nature of each local business case. The amendments, while well intentioned, risk cutting across the local accountability of PCCs and risk Whitehall dictating matters that should rightly be left to local leaders.
In response to the noble Lord’s important concerns, however, I can be very clear about the Government’s expectation that the PCC’s consultation will be undertaken in an appropriate manner and be of an appropriate duration to allow local people to express their views and for the PCC to have them taken into account. Further, we would expect the PCC’s response to the consultation to cover the matters that the noble Lord has listed in Amendment 12. The Home Office will work closely with the Association of Police and Crime Commissioners and the Association of Police and Crime Chief Executives to ensure that their guidance on the development of PCC business cases incorporates these points. However, I should stress again that it is for the PCC to determine locally how to achieve such outcomes based on the nature of the case, its complexity and its understanding of the best ways to engage with local communities.
Furthermore, government Amendment 17 will ensure that the independent assessment is published as soon as is practicable after the Home Secretary has made a determination. In practice, this will ensure that all parties have sufficient time to consider the findings before an order is made. Adding in what amounts to a statutory one-month pause in the process in every case again strikes me as unduly complicating the procedure for making these orders and risks increasing local uncertainty as the process is drawn out. I might add that having received the independent assessment, there is no assumption that the Home Secretary would necessarily approve a PCC’s proposal. She will base her decision on the evidence presented. I hope that noble Lords will agree that the government amendments set out a clear expectation that there should be a comprehensive consultation, that the process will be transparent, and that local views will be properly taken into account.
I also indicated in Committee that I would give further consideration to the points raised by the noble Lord, Lord Rosser, regarding public safety. As I set out during that debate, public safety is a core function of the emergency services and we consider that any assessment of the impact of a proposed transfer of governance on effectiveness would include an assessment of its impact on public safety. None the less, I am content to make provision on the face of the Bill that puts this matter beyond any doubt. Government Amendments 5, 6 and 35 explicitly provide that the Secretary of State may not make an order transferring responsibility for fire and rescue to a PCC or implementing the single employer model under either a PCC or a combined authority mayor where it would adversely affect public safety.
I shall deal with the other government amendments in this group. As the Bill is currently drafted, when a PCC implements the single employer model and so delegates fire functions to a single chief officer, schemes that may be made by the Secretary of State transferring property, rights and liabilities from an FRA or the PCC-style FRA to that chief officer are one way only. On the terms and conditions for police and fire and rescue personnel, when staff are transferred from an FRA to the PCC, and under the single employer model from the PCC to the chief officer, they would be covered by the principles of the Cabinet Office code of practice entitled Statement of Practice of Staff Transfers in the Public Sector, taking into account the considerations associated with bringing two workforces closer together. For example, we propose that under the single employer model, complaints, conduct and death and serious injury matters for both the police and the fire service are treated on a consistent basis. PCCs will need to consider how to best reflect a more closely aligned workforce locally when preparing their business case, including consultation with the relevant unions where necessary, as I said previously.
On the question whether the proposals will take firefighters, emergency fire control staff and fire support staff out of national pay and conditions, pensions and other arrangements, the terms and conditions of firefighters and control staff are negotiated on a UK-wide basis via the National Joint Council for Local Authority Fire and Rescue Services. The NJC has no statutory basis and it is for PCC FRAs to decide whether to remain members. PCC-style FRAs will also have the same ability as FRAs to negotiate changes to terms and conditions at local level, while remaining members of the NJC, but PCCs would need to approach the NJC if they wished to become members.
Lord Paddick
Before the Minister sits down, could she clarify something? She described the amendments proposed by the noble Lord, Lord Rosser, as unnecessary interference in what should be a locally determined matter—the nature of the consultation process. However, when it comes to deciding whether the police and crime commissioner should take over the fire and rescue authority, against the wishes of the democratically elected local councillors, that is not seen as an unnecessary interference in local decisions.
Baroness Williams of Trafford
I hope I have outlined clearly that the Home Secretary would take a view on this issue and on all representations that have been received when making her decision.
Lord Rosser
I, likewise, ask the Minister for some clarification of what she has just said. Am I right in saying that under the single employer model and the harmonising of conditions—if there is to be such—we could end up with different rates of pay, different conditions of service and different disciplinary procedures for firefighters and members of police forces in different PCC areas: that there could no longer be national rates and national conditions of service? That is what I have read into the Minister’s response, because it depends on whether a PCC decides to continue to have conditions of employment determined by the national bargaining body, or whether the police and crime commissioner who has become the fire and rescue authority decides he or she wants to bargain with their own employees in the fire and rescue service and, presumably, the police service, if it is harmonising conditions. Is that a fair interpretation of what the Minister said?
Baroness Williams of Trafford
Before Third Reading I will write to the noble Lord and to all noble Lords who have taken part in the debate, and distribute that response to the House. What I said was the terms and conditions of firefighters and the control staff are negotiated on a UK-wide basis via the National Joint Council, but the NJC has no statutory basis and it is for the PCC-style FRAs to decide whether to remain members. I will write to the noble Lord before Third Reading to outline more detail on what that might look like.
Lord Rosser
I take it that the noble Baroness is going to write, and I am very grateful to her for saying that, if necessary, that means we could come back to this issue on Third Reading. I also ask, genuinely for clarification, and I am sorry I did not pick up the Minister’s response on Amendments 12, 14 and 18 first time, but on Amendment 12, which sets out a number of requirements relating to consultation over what documents should be published and why the benefits could not be achieved through other forms of collaboration, did I hear correctly the Minister say that those requirements would be included in guidance? I do not know whether that will be guidance or regulations.
Lord Rosser
So what I have laid down in Amendment 12 will be included in guidance.
Baroness Williams of Trafford
I agreed that the matters that the noble Lord listed would be covered in guidance.
Lord Rosser
As I understood it, the Minister did not extend that to the items I covered in Amendments 14 and 18. I am seeking to clarify, not to pursue the argument again, that that statement of what would be covered in guidance relates to what I have in Amendment 12. As I understood what the Minister said, that did not extend to Amendments 14 and 18. I am simply trying to clarify what was said.
Baroness Williams of Trafford
I certainly gave that commitment on Amendment 12. I now have all my pages completely out of kilter, but I do not think I gave that commitment on—was it Amendment 14?
Lord Rosser
Am I also right—I am genuinely seeking clarification—that what the Minister helpfully said on Amendment 12 did not apply to Amendment 14?
Baroness Williams of Trafford
Unfortunately, I cannot find Amendment 14 here, but we have undertaken to work with the Association of PCCs to address in guidance the issues raised by the noble Lord in Amendment 12. Amendment 18 is a matter for the Home Secretary.
Lord Rosser
I would be more than happy if the Minister wishes to write to me to confirm. I am genuinely seeking clarification, rather than trying to reopen the debate.
Baroness Williams of Trafford
The issues raised in Amendments 12 and 14 will be addressed in guidance.
Lord Rosser
So there is an issue of a period over which consultation shall last. The other matters will be covered in guidance. Is that guidance that will go through this House in the form of regulations, or is this guidance that we will not see until it is published?
Baroness Williams of Trafford
I think that this may be one area of detail that I could discuss and correspond with the noble Lord over between now and Third Reading. He and I can meet before Third Reading.
Lord Rosser
That is a helpful response and I take it in the spirit in which it was said. I hope that the Minister will accept, bearing in mind that she has indicated—I do not want to make things difficult—that it appears to apply to Amendments 12 and 14. To put it bluntly, if that does not prove to be the case we can come back at Third Reading.
Baroness Williams of Trafford
Yes, and I hope that it would never be interpreted that I will not follow through on something I say at the Dispatch Box, because I most certainly will meet the noble Lord and discuss the finer detail of the guidance before Third Reading.
Lord Rosser
I assure the Minister that she is about the last person that I would ever suggest would appear at the Dispatch Box and make a statement that she did not mean or which was misleading.
In light of what has been said, I beg leave to withdraw the amendment.
“(5A) The Secretary of State may not make an order under this section in a case within subsection (5)(a) if the Secretary of State thinks that the order would have an adverse effect on public safety.”
“(d) publish, in such manner as the commissioner thinks appropriate, the commissioner’s response to the representations made or views expressed in response to those consultations.”
“(2) Each consultation under sub-paragraph (1) is to be carried out in such manner as the relevant police and crime commissioner thinks appropriate.”
“(4) The Secretary of State must publish the independent assessment—(a) as soon as is reasonably practicable after making a determination in response to the proposal, and(b) in such manner as the Secretary of State thinks appropriate.”
“(2A) Before making the request the mayor must publish, in such manner as the mayor thinks appropriate, the mayor’s response to the representations made or views expressed in response to any consultations on the proposal.”
Baroness Williams of Trafford
My Lords, the government amendments in this group respond to some very well-made points in Committee about the provisions in the Bill establishing the office of the London fire commissioner.
Amendments 37, 156, 195 and 205 will ensure that no locally elected councillor will have to resign their council position if they are appointed as deputy mayor for fire or deputy mayor for policing and crime in London. In Committee the noble Lord, Lord Harris, made a compelling case for this change with reference to two London borough councillors who had had to resign their council positions when appointed to the position of deputy mayor for police and crime because, when appointed, they were treated as an employee of the Greater London Authority and therefore became politically restricted. I have listened to the case made by the noble Lord and agree that no locally elected councillor should be placed in a situation where they would have to give up their seat to become the deputy mayor for fire or the deputy mayor for policing and crime.
Amendments 38 to 40 are drafting amendments which correct erroneous references to the assembly’s fire and emergency “panel” rather than “committee”. I am again grateful to the noble Lord, Lord Harris, for spotting them. Finally, Amendments 41 and 42 respond to one tabled in Committee by the noble Baroness, Lady Hamwee, relating to the functions of the fire and emergency committee. These amendments will ensure that there is appropriate scrutiny of the actions and decisions of the deputy mayor for fire, and allow the committee to investigate and prepare reports about any other matters the assembly considers to be of importance to fire and rescue services in London. I beg to move.
Lord Harris of Haringey (Lab)
My Lords, I thank the Minister for responding to the points I made in Committee and introducing these amendments. I suspect that this is a refinement and clarification of the law which is of interest to a tiny handful of citizens of the United Kingdom. None the less, the anomaly created was slightly strange.
However, at the risk of prolonging this only a moment, I seek a little clarification. The amendments, as I understand them, would enable a deputy mayor in these circumstances to be an elected councillor. Does that also remove the restriction on those individuals placed by the Local Government Officers (Political Restrictions) Regulations 1990, which among other things do not allow such a person to hold office in a political party or to canvass for one? It might be a boon to anyone in this position if they were allowed to be elected and stand for election but not to canvass on their own behalf.
It is difficult to disentangle what are three interlocking Acts of Parliament, not all of which seem in the public references to have been updated by subsequent legislation. It seems to me that the Local Government Officers (Political Restrictions) Regulations 1990 might still apply to these individuals, even though the specific issue of election to a local authority has been removed. Having said that, I am sure that the Minister will be able to clarify it entirely to my satisfaction and I am very grateful to her and her officials for responding to this allegedly minor issue.
Baroness Williams of Trafford
I hope it is not going to be another letter because, from my dim and distant memory of local government officers’ political restrictions, I recall that up to a certain level of officer, you are free to canvass and engage in political activity. You are also free to stand for elected office in an authority other than your own. I think I may have to write, now that the noble Lord is heading for the door, on the matter of elected office for local authority officials because that will be looked at in the regulations.
Lord Paddick
My Lords, I thank the Minister for listening to the points raised by the noble Lord, Lord Harris of Haringey, and to the issues raised by my noble friend Lady Hamwee. She cannot be in her place today, but she has asked me to pass on her thanks for the amendments that the Government have brought forward in this group.
“(e) any other person who is, by virtue of any enactment, carrying out any of the activities of a fire and rescue authority in England.”
Lord Kennedy of Southwark (Lab)
My Lords, as the noble Lord, Lord Paddick, said, these matters were discussed in Committee. I am very supportive of Amendments 46 and 47. As we have heard, designated bodies will get the power to make super-complaints to Her Majesty’s Chief Inspector of Constabulary, and these complaints can be made where, in the opinion of the designated body, a feature of policing may be harming the public and needs looking at. It is based on a system that works in the private sector and this is the first time it will be used in the public sector. Only designated bodies will be able to make super-complaints, and the process for designating these bodies will be set out in regulations.
When the noble Baroness, Lady Williams of Trafford, responds to this debate, it would be helpful if she said something about the timescale for the consultation processes, and when she expects these regulations to be laid before Parliament and come into force. I should also say that I am happy for the negative procedure to be used in respect of the regulations; perhaps the noble Baroness could bring that fact to the attention of the noble Lord, Lord Hyde of Ashton, who is of the opinion that I would never agree to the negative procedure being used for regulations in this House.
The proposals in this section of the Bill are a welcome move and will be a positive benefit to organisations and individuals that have legitimate concerns to raise. We are supportive of them and of these amendments.
Baroness Williams of Trafford
My Lords, I am grateful to the noble Lord, Lord Paddick, for the opportunity to address the misunderstanding over Amendment 47, which was previously tabled in Committee. However, I am again going to have to disappoint the noble Lord as the Government cannot support either of these amendments. The Bill provides for the delegation of the ability to authorise those who can be designated bodies for the purposes of the new super-complaints system.
I welcome the noble Lord’s suggestions of who should perform this function but I do not agree that this task can be performed by bodies that might themselves want to raise super-complaints, or by multiple agencies. For the system to have legitimacy, we need to avoid a conflict of interest in this role. That is why the Bill creates this distinct role, as we do not consider it appropriate that HM Inspectorate of Constabulary designates the bodies that can come to it with super-complaints.
All three bodies put forward by the noble Lord could potentially add significant value as designated bodies, should they wish to apply. It would be a shame if, for example, Citizens Advice were precluded from raising issues through the super-complaints system. In the interests of a smooth and speedy process, I suggest that this role should be undertaken by an individual or single body, not by a committee.
The critical point here is that the criteria for designation are clear and unambiguous so that authorisation is a simple and objective process. That is why we will consult widely on the criteria in due course, and I encourage all those who have an interest to feed in their views. The noble Lord, Lord Kennedy, asked about timing: it will be in the coming months.
Having consulted to establish clear criteria, we believe it is unnecessary to subsequently consult on any list of bodies deemed to have met the criteria, as required by the noble Lord’s Amendment 46. This risks slowing the whole system down, delaying designation and further delaying the point at which bodies can submit super-complaints to HMIC.
I reiterate the Government’s commitment to consulting widely on the criteria. As part of that process, we would welcome the input of noble Lords on bodies or organisations that may be suitable for designation or for the role as the authorised person. I hope the noble Lord, having considered the Government’s arguments, will feel free to withdraw his amendment.
Lord Paddick
I am grateful to the noble Lord, Lord Kennedy, for his support for these amendments and for the explanation given by the Minister. Obviously I am disappointed that she felt she could not support them. Clearly there would have to be a distinction between the role of authorised persons and the role of designated bodies. The suggestions we made were on the basis that these organisations had vast knowledge of the voluntary bodies and third party organisations that work in their areas. There would have to be a distinction if they were appointed as authorised persons, and they would not be able to be designated bodies themselves, but that is something that the Government could make a decision on.
I am grateful for the reassurance around the consultation that will take place over the criteria that will be used in order to decide which bodies should be designated. On that basis, I beg leave to withdraw the amendment.
Lord Rosser
My Lords, I will not detain the House for too long. As has been said, the amendment would require the Prime Minister to commission an independent inquiry into the operation of the police complaints system in respect of allegations of corrupt relationships between the police and newspaper organisations. It also provides that the inquiry would proceed only once the Attorney-General has determined that the inquiry, if conducted effectively and fairly, would not be likely to prejudice any ongoing relevant criminal investigations or court proceedings cases.
As has already been pointed out, in November 2012 the then Prime Minister reminded the victims of press intrusion that when he set up the Leveson inquiry he had also said that there would be a second stage to investigate wrongdoing in the press and the police, and that the Government remained committed to the inquiry as it was first established. However, real doubts about the Government’s willingness to honour that promise have arisen—hence this amendment. Those doubts have been increased by the Government’s recent decision to consult, including on whether to stick by the promises previously given by the then Prime Minister that there would be a Leveson stage 2.
Police and press relations is a significant area still to be addressed. Briefings by the police in the immediate aftermath of the Hillsborough tragedy had a profound adverse impact on the families who had lost loved ones, and on the thousands who had been at the match and returned home in a state of some trauma, only to read a few days later that the police were blaming them for the deaths of their friends and family. The media were also manipulated in the case of the Shrewsbury 24, and part 1 of the Leveson inquiry found unhealthy links between senior Met police officers and newspaper executives—links which led to resignations. There is also, on occasion, an issue around the nature of relationships between the police and the press at a more local level, where sometimes prior information appears to have been provided about a particular person to be arrested or a particular search carried out.
Honouring a repeated undertaking given by a Government through a Prime Minister, to victims in particular, and with all-party support, is the issue that this amendment seeks to address. If, having heard the Government’s response, the noble Baroness, Lady O’Neill, decides to seek the opinion of the House, we shall be voting in favour of the amendment.
Baroness Williams of Trafford
My Lords, I thank the noble Baroness, Lady O’Neill, for explaining the purpose behind her amendment. I also thank the noble Lords, Lord Paddick and Lord Blair, who spoke of their own experiences around this issue. As the noble Baroness explained, Amendment 48 would require the Prime Minister to proceed with what is colloquially referred to as the Leveson 2 inquiry into the relationships between the police and the media.
It is of course vital that the police take seriously their role, both in maintaining their own reputation and integrity and in protecting the community that they are meant to serve. However, given the extent of the criminal investigations related to this issue that have taken place since the Leveson inquiry was established—as the noble Lord, Lord Blair, referred to —and given the implementation of the recommendations following part 1, including reforms within the police and the press, the Government must now consider whether proceeding with part 2 of the inquiry is appropriate, proportionate and in the public interest. The Government are therefore seeking the views of the public and interested parties, including those who have been the victims of press abuse, through the public consultation that commenced on 1 November. The consultation seeks views on whether proceeding with part 2 of the Leveson inquiry is still appropriate, proportionate and in the public interest. As the last of the relevant criminal cases has recently concluded, the Government believe that it is now time to take stock and seek views on the various options. Submissions received from this consultation will consequently help to inform the Government’s thinking. The consultation closes on 10 January. Given the ongoing consultation, I respectfully suggest to the noble Baroness that this is not an appropriate matter for further legislation.
The Government will reach a view on the way forward having regard to the views expressed in response to the consultation. If we conclude that the inquiry should go ahead in its current or a modified form, the Inquiries Act already provides the mechanism for this, so again this amendment is unnecessary.
Noble Lords will also want to take into consideration the fact that part 1 of the Leveson inquiry cost £5.4 million. We can expect part 2 of the inquiry, should it go ahead with its current terms of reference, to cost a similar amount, so this amendment has very real financial implications, as my noble friend Lord Hailsham said.
My noble friend Lord Deben talked about three issues—the promise, the necessity, and the power of the press and its closeness to the constabulary. In terms of the promise, the Government delivered the cross-party agreement by establishing the Press Recognition Panel by royal charter, and legislating for the incentives in the Crime and Courts Act 2013. The time is now right to consult further on these specific areas of part 2 of the inquiry and Section 40, given the time that has elapsed since the Leveson inquiry was set up and the changes that have taken place. It would not be fair to the victims of press intrusion to take a decision based on facts and a situation from five years ago without reflecting on the position today, to make sure that we get the right result and that there are the right protections. We will need to see what comes out of the consultation, as I have said, but ultimately, it is for the Government to take decisions on both matters.
Parliament will clearly need to be involved if the proposed way forward were to repeal Section 40, but we need to wait and see the responses to the consultation. On part 2 of the inquiry, we will of course consult the chair of the inquiry, Sir Brian Leveson, before any decision is made on the future of the process.
In conclusion—
Lord Clinton-Davis
Will the Minister indicate how long she envisages the inquiry will take and how many witnesses will come forward?
Baroness Williams of Trafford
The consultation finishes on 10 January. In terms of anything going forward, we will of course be informed and guided by the consultation and I would not at this point wish to put a timescale on the inquiry.
Baroness O'Neill of Bengarve
I thank the Minister for her reply. She suggests that we have yet to consider whether it is appropriate, proportionate or in the public interest to proceed with this amendment and that we should await the outcome of the consultation. That outcome is nicely timed to be rather too late for this legislation, where the proposed new clause fits very well. It has nothing to do with the commencement of Section 40 of the other legislation, so that one we can set aside. But this one is really a matter of honour for the Government. These were commitments made in public and there were real and identifiable victims, and while of course cost is an issue and the Government would perhaps wish to think about how to contain them, surely it is useful that some of the criminal cases that have been tried have actually done the work of finding out what happened in certain cases. The cost issue is not the same as it might have seemed in advance because some of that has already been sorted. I wish to test the opinion of the House.
Lord Paddick
My Lords, Amendment 59 is in my name and that of my noble friend Lady Hamwee. I, too, thank the Government for the change that they have made regarding the word “Independent”. This amendment tries to ensure that that is not simply a cosmetic change and that the new body will be even more independent.
The amendment would change the current position where a member of the Independent Police Complaints Commission cannot be someone who holds or who has held office as a constable in any part of the United Kingdom or someone who has worked under the direction or control of a chief officer or equivalent office in Scotland or Northern Ireland. The current legislation specifically excludes anyone making decisions on casework or investigations, for obvious reasons. The public are not reassured about the independence of the police complaints investigation body if those making such decisions are either former police officers or those who have worked for the police.
The amendment would prevent other members of the new body being serving or former police officers or those who formerly worked for the police. In Committee the Minister said:
“We do not think that there should be statutory restrictions on those who are members of the office—in effect, the board of the reformed organisation. The core functions of the office are set out clearly in the Bill and include ensuring the good governance and financial management of the organisation. These functions are quite distinct from the functions of the director-general. The director-general, as the single executive head, will be solely accountable for all casework and investigation decisions, not the board. It is not right that a suitably qualified individual could not be appointed to a corporate governance role as a member of the board simply because he or she once worked as a police civilian, perhaps for just a short period many years previously”.—[Official Report, 26/10/16; col. 258.]
There is very little trust or confidence in the IPCC among many who bring complaints against the police and many others, including me, because we do not believe it is independent enough. How will having members of the board of the new body—the rebranded body—who are former employees of the police service improve that trust and confidence? It certainly does not do it for me. Although the Minister says that the director-general will be solely accountable for all casework and investigation decisions, in practice he will not be making all those decisions—unless he works 24 hours a day, seven days a week. Even if the board members are there to ensure good governance and financial management, their decisions could be crucial to the effective investigation of serious complaints by deciding the way the rebranded organisation operates, its structure and so forth, and the way resources are apportioned.
The Government keep saying how important it is to bring people with different skills and experience into the police service. If the police service is in such desperate need of new blood, because the Government believe it does not have enough talent of its own, why are the Government so keen for those from the police service to be part of the new body that will be investigating the most serious complaints against the police? Barring those previously employed by the police service from holding crucial positions within the rebranded Office for Police Conduct—with or without “Independent” stuck on the front of it—would be a small price to pay for providing reassurance that it is truly independent. I beg to move.
Baroness Williams of Trafford
My Lords, the Independent Office for Police Conduct will have a vital role in securing and maintaining public confidence in the reformed police complaints system. That is why the Bill provides for an absolute bar on the new single executive head of the organisation—the director-general —ever having worked for the police. The Government do not believe it is appropriate for the Bill to impose further statutory restrictions on membership of the office beyond the post of director-general.
The corporate structure of the IOPC is radically different from the existing commission model. The new board—the office—will have a majority of independent non-executive members, and its functions are set out clearly in the Bill. These include ensuring good corporate governance and financial management. Importantly, the board’s functions do not include responsibility for investigations and casework decisions, for which the director-general alone will be accountable. This is in contrast to the current position, where commissioners undertake such investigative functions.
If a highly suitable individual applies for a non-executive role, perhaps as a finance expert, it would be wrong to reject them automatically simply because many years previously they worked for a short period as a police civilian, perhaps in a relatively junior role. To ensure that the organisation can deliver high-quality and timely investigations—the predominant driver of confidence—the director-general will wish to ensure that the organisation has a diverse mix of people. As part of this, the director-general may wish to employ a number of people who have valuable policing experience, as the IPCC does now.
Under the new model, investigations and casework decisions will be undertaken by employees, all of whom will be working in a single line management chain reporting to the director-general. The Government fully expect the director-general to decide that certain employee roles, including some senior operational and public-facing positions, should not be filled by those with a police background, but those decisions should be a matter for the director-general.
We recognise that confidence is also driven by the perception of the organisation as impartial and independent from the police. That is why the Bill provides the director-general with an explicit power to determine the functions and roles that are not open to former police officers. This means that the director- general can go further than the current legislation, which requires only that a minimum of six people cannot have worked for the police—namely, the chair and a minimum of five other members of the commission. The Bill also strengthens existing arrangements in relation to transparency by setting out a requirement on the director-general to publish a statement of policy on the exercise of these particular powers of recruitment.
(iv) any other person who is, by virtue of any enactment, carrying out any of the activities of a police force,”
Lord Paddick
My Lords, I start by agreeing wholeheartedly with the noble Lord, Lord Blair, that this seems too broad in what it could allow. As the noble Viscount, Lord Hailsham, says, it could result in volunteers being equipped with revolvers. I also have the same concerns that the noble and learned Lord, Lord Hope of Craighead, has about a self-defence weapon being used in an aggressive as opposed to a defensive way.
We support the amendment proposed by the noble Lord, Lord Kennedy of Southwark. My noble friend Lady Hamwee and I have Amendment 107 in the group, which says that Clause 38 should not stand part of the Bill and seeks to achieve the same end as Amendment 106, which is to prevent police community support officer volunteers from being provided with CS spray or any other firearm that the Secretary of State might authorise by regulation in the future. My understanding, contrary to that of the noble Viscount, Lord Hailsham, is that special constables can be equipped with CS spray at the moment, and will continue to be, so I do not think that the changes in the Bill will have the effect he suggests.
The only remarks that I would add to those already made by noble Lords are that police volunteers carry out excellent work and are a valuable addition to the police family. However, with reservations already being expressed about whether paid police community support officers should be using force, and in the absence of any paid PCSO having been authorised to use CS spray by any chief constable anywhere in the United Kingdom—if I remember the debate in Committee correctly—changing the law to allow chief constables to give CS spray to volunteer PCSOs seems both unnecessary and unreasonable.
Secondly, as alluded to by the noble Viscount, Lord Hailsham, if chief constables need additional volunteers who can exercise the use of force, including with CS spray, because they do not have the resources any more to pay full-time police officers, whatever the rights and wrongs of that, there is a route open to them, which is to recruit more special constables, who have all the powers of a regular police officer and who are paid only expenses. We on these Benches will support the Labour amendment on this issue.
Baroness Williams of Trafford
My Lords, these amendments return us to an issue that was debated at length in both the other place and in Committee in this House, namely whether it is ever right for designated members of police staff, or the new category of designated volunteers, to carry CS or PAVA sprays for defensive purposes—I stress the point that this is for defensive purposes.
I should point out to the House that, although most of our debates have been about whether it is right for volunteers to carry defensive sprays, Amendment 106 as drafted would also prevent chief officers equipping their existing paid staff, such as PCSOs, with such sprays. I assume this is not intention of the noble Lord, Lord Kennedy, but it would be helpful if he could clarify this when winding up.
When we debated this issue in Committee, a number of noble Lords expressed the view that the use of force is somehow incompatible with the PCSO role, and even more so for volunteers. For example, the noble Lord, Lord Paddick, said that the appropriate route for an individual who wishes,
“to volunteer to get involved in the use of force in the exercise of police powers”,
is,
“to become a special constable”.—[Official Report, 26/10/16; col. 267.]
I think he said that again today. However, it is important to put on record that, given the long-standing tradition of policing by consent, I would hope that no one who wishes to help with the policing of their community, as a police officer or a member of staff, whether paid or as a volunteer, does so with a view to using force against their fellow citizens. There are of course myriad roles which police officers, staff and volunteers perform regularly that do not involve the use of force.
Indeed, as we have discussed, the primary role of a PCSO across England and Wales is to engage with members of the public and to carry out low-level interventions such as dealing with anti-social behaviour. However, as was discussed in the House of Commons earlier this month, it is a sad fact of life that both police officers and PCSOs are assaulted and injured on duty. For example, in 2015-16, 270 assaults were reported by PCSOs in England and Wales, and those figures do not include the British Transport Police. It should be noted that this figure includes only assaults that officers report to their health and safety or human resource teams. In some cases, officers will choose not to report cases, as it is usually not compulsory to do so. Therefore, in reality, this figure is likely to be much higher.
We must therefore ensure that chief police officers are able to use their operational experience to make judgments as to the necessary level of defensive equipment and self-defence training that they make available to their officers and PCSOs. The only other option for chief police officers would be to withdraw their PCSOs from areas where there was a threat to their safety, potentially making disorder more likely if members of the community were unable to engage with a familiar face in uniform.
The situation is in essence no different from that of special constables, who are themselves volunteers. They have all the powers of a police officer, and a significant number are trained in the use of defensive sprays. I also point out that a small proportion of specials are trained in the use of public order tactics, so the use of force by appropriately trained police volunteers is not a new idea.
The noble Lord, Lord Paddick, has tabled Amendment 107, which would remove Clause 38 from the Bill. The change to Section 54 of the Firearms Act 1968 made by Clause 38(2) is consequential on the provisions in Clause 37 enabling designated volunteers to be given access to defensive sprays. It therefore follows that if Amendment 106 were agreed to, Clause 38(2) would be unnecessary. However, Clause 38(3) deals with a separate point, making it explicit that special constables are members of a police force for the purposes of the Firearms Act 1968 and therefore do not require a certificate or authorisation under the 1968 Act when equipped with a defensive spray. Accordingly, the amendment goes wider than I believe the noble Lord intends.
A question was asked about the most appropriate route for an individual who wishes to perform front-line policing to join the specials. I think I have already addressed that point but I add that there might be reasons why an individual who wants to volunteer to help to make his or her community safer chooses not to join the specials. These reforms will enable those who wish to help to keep their communities safe to do so even where they are unable to meet the requirements for being a special—the time commitment, for example, or they may be in an occupation where they are prevented from being a special, such as being a Border Force officer, but still have skills or experience that could be of value.
My noble friend Lord Hailsham asked about the order-making power in Clause 37(6) enabling the Home Secretary to make regulations that would allow police staff and volunteers to use a firearm. The power is primarily intended as a form of future-proofing. Should, for example, a new form of defensive spray that uses substances other than CS come on to the market—
Viscount Hailsham
I do not want to press my noble friend too hard on this as she may want to indulge in correspondence on the matter. However, the Explanatory Notes state, with reference to sub-paragraphs (b) and (c):
“This enables the issue of appropriate self-defence devices in future, once such a device has been tested and authorised”.
What is there in the Bill that confines the weapon to be authorised to a self-defensive device? It is open-ended, so it includes offensive weapons.
Baroness Williams of Trafford
My noble friend is right that it would theoretically be possible to use the power to enable a firearm in that way. However, the power is subject to the affirmative procedure, as he has said, so it would require the unlikely agreement of the Home Secretary, both Houses of Parliament and at least one chief constable to decide that a staff member or volunteer should be given a gun. I leave it to my noble friend, with his vast experience, to judge whether that would be likely to happen. I take the point that he was making but I want to point out the hoops that would have to be jumped through for that to be achieved.
The noble Lord, Lord Blair, talked about the order-making power for defensive weapons. There is no such thing in the Firearms Act as a “defensive weapon”. It is not the nature of the weapon that is important but how it is used; a baton or a truncheon could be used offensively while a pistol could be used defensively. The consultation was clear that only police officers should use pistols or Tasers, and we think the Bill delivers that.
I shall finish with a quote from Chief Constable David Jones, the national policing lead for Citizens in Policing. He says:
“This is a very positive development … The proposals will open up new opportunities for people to use statutory powers who would like to be part of the volunteering police family but who are unable to commit to the rigorous and intensive selection and training requirements associated with the special constabulary. The proposals will empower Chief Constables to have a much more flexible resource platform … Chief Officers are best positioned to decide how to police their local area most effectively through the empowerment of their workforce, through their understanding and knowledge of the needs of their local communities”.
As I have said at previous stages of the Bill, no chief officer has yet made a decision to designate their staff with the power to carry and use a defensive spray. However, we believe that if a chief officer, using their professional judgment and experience, were to reach the view that it was necessary to issue such sprays to their PCSOs, after they have been well-trained in their use, they should be able to do so irrespective of whether those PCSOs are employees of the force or volunteers. On that basis, I invite the noble Lord, Lord Kennedy, to withdraw his amendment and perhaps to address the question that I first put to him.
Lord Kennedy of Southwark
My Lords, I thank all noble Lords who have spoken in this debate. A number of points have been raised. I say to the noble Viscount, Lord Hailsham, that my concern all along has been the placing of these weapons in the hands of people without sufficient training.
I agree very much with the points made by the noble Lord, Lord Blair. We have to be very careful about the extension of these powers. As we have heard, so far no chief constable has empowered their present PCSOs to have these powers. The power is there already for PCSOs to be designated but no one has decided to do that yet.
The Government have not made a convincing case for the further extension of these powers. As the noble Lord, Lord Paddick, said, this is a broad power that we are now taking on board. I concur with his remarks about the fantastic contribution made by volunteers to the police service.
In response to the Minister, Clause 37 grants the extension of powers to police civilian staff and police volunteers. This extension is to those other staff who are not PCSOs but are volunteers or other designated staff. I do not see why, if they have not yet been tested on designated PCSOs, they should be extended at this stage. On that basis, I wish to test the opinion of the House.
Lord Paddick
My Lords, the amendment in my name and that of my noble friend Lady Hamwee asks that Clause 46 not stand part of the Bill. Clause 46 gives power to the Secretary of State to make regulations that specify the ranks that may be held by police officers other than chief officers of police.
We have been here before—in 1993—with the Sheehy review into police responsibilities and rewards. Among other recommendations of that review was the abolition of the ranks of chief inspector and chief superintendent. After an expensive process of offering chief inspectors early retirement, that decision was reversed, leaving the police service with a deficit of suitably qualified and experienced chief inspectors. One consequence was that overnight—or, perhaps I should say, over the weekend—I went from being a uniformed chief inspector with no experience as a detective to being a detective chief inspector in charge of CID at Notting Hill.
Another recommendation of that report was to abolish the rank of chief superintendent. Instead, in the Metropolitan Police, we had grade 1 and grade 2 superintendents, one in charge and the other a deputy. They were both called “superintendent”, they both wore the same badge of rank, but one was more senior than the other. Such nonsense did not last long, and the rank of chief superintendent was subsequently reinstated. More recently, some police forces have decided significantly to reduce or not appoint officers to particular ranks, as suits the local circumstances of each force.
History has shown us, and present practice continues to demonstrate, that we do not need the Secretary of State to designate which ranks may be held by members of police forces; it is far better to allow chief constables to decide for themselves which ranks they need and which they do not. By all means let the Secretary of State or the College of Policing issue guidance to chief officers as to factors they should take into account when deciding which ranks to have. But, please, let us not make the same, very expensive—in terms of both money and loss of experience—mistake again. I beg to move.
Baroness Williams of Trafford
My Lords, policing needs a greater say in how it structures its own organisations. It was the College of Policing’s leadership review that initially recommended a review of rank structure. It recognised that the rank structure as set out in the Police Act 1996 and the Police Reform and Social Responsibility Act 2011 was not serving the needs of all forces. To support this police-led reform, Clause 46 will give the college the power to recommend regulations setting out what the rank structure should be. Chief Constable Francis Habgood, who is leading the review of the rank structure, is working with the National Police Chiefs’ Council to develop proposals that will work across all forces.
Having some commonality across forces is essential. The public have the right to expect the same high standards of service from every force and there needs to be clarity for the public around the exercise of significant police powers that can impact on civil liberties. Indeed, the Police and Criminal Evidence Act 1984, and other legislation, expressly requires certain decisions to be taken by an officer of a specified minimum rank, very often an inspector or superintendent. I note that the amendment of the noble Lord, Lord Paddick, on pre-charge anonymity specified that an application to a court to waive anonymity has to be made by an officer of at least the rank of inspector. Such key protections for the citizen cannot operate meaningfully without a national rank structure. Furthermore, the Government are committed to a national pay framework for police officers, where again there must be consistency across forces. A consistent rank structure also makes interforce collaboration easier, which is a critical consideration given the many complex challenges facing modern policing that require forces to work together.
This is not to say that every force must have officers of every rank. The Metropolitan Police has, for example, recently announced that it is to do away with the rank of chief inspector and it is open to other forces to follow suit. As I said in Committee, the Government make no presumption about the rank structure that may be proposed by the College of Policing in future. I believe that we should let the work of Chief Constable Francis Habgood continue and not constrain police leaders in how forces should be organised. Parliament will have the opportunity to examine the proposals for changes to the rank structure once the College of Policing has made its recommendations, as these will need to be set out in regulations which will be subject to the affirmative procedure.
I agree that decisions are best taken locally wherever possible, but there are circumstances where we need a clear national framework. This is one such case, albeit one where the reforms provided for in Clause 46 will afford chief officers a measure of local flexibility. With those words, I hope that the noble Lord feels content to withdraw his amendment.
Lord Paddick
My Lords, I thank the Minister for that explanation which, unless I have got completely the wrong end of the stick, seems to me to be completely contradictory. The noble Baroness says that there needs to be commonality across police forces, yet then gives the example of how the Metropolitan police service is not going to appoint anybody to the rank of chief inspector.
The noble Baroness says that it is necessary to have a clear national framework—we have a clear national framework in existing legislation, which specifies the ranks. So I really do not see why we need the Secretary of State to be given the power to make regulations about what ranks there should and should not be. For example, were the Secretary of State, by regulation, to say that there must be officers of the rank of chief inspector, where would that leave the Metropolitan Police if it has decided not to have any chief inspectors, as it apparently has?
The noble Baroness also talked about how it was important for the public for there to be commonality across all forces. If the Commissioner of the Met can decide not to appoint somebody to a rank that the Home Secretary has, in regulations, said that there should be, there will not be commonality across the country. I accept what the noble Baroness says in terms of the need for a national structure—which currently exists. What does not need to be done is for that system to be changed; what is needed is for chief constables to be given guidance as to which ranks they need, which will vary from force to force. The Metropolitan Police, in its chief officer ranks, for example, has a completely different rank structure to other forces. Yet, the Government do not seem to want to change that. Commanders do not exist anywhere other than in the Metropolitan Police and the City of London Police. Deputy assistant commissioners do not exist in any other force. So there is not commonality now and there is no move by the Government to enforce commonality across the country when it comes to chief officer ranks.
I find the Minister’s explanation incomprehensible. However, at this stage, I beg leave to withdraw the amendment.
Lord Kennedy of Southwark
My Lords, the noble Baroness, Lady Harris of Richmond, in moving Amendment 108A, has made a compelling case. No one wants anybody to be on pre-charge bail any longer than is absolutely necessary. Her amendments seek to take account of the realities on the ground in local police forces, and the Government should accept them and the flexibility that they offer to police forces. She gave detailed figures to support her argument, and my noble friends Lord Bach and Lord Harris of Haringey spoke about the realities on the ground and the risk of a significant burden on police forces.
We should of course set the number of days that an individual can be on pre-charge bail before the matter is reconsidered at a maximum that is necessary, reasonable and proportionate. There should not be a target date, which in the majority of cases will not be met. The noble Baroness suggests in her Amendment 109 that 56 rather than 28 days is a more realistic target to work towards. There appears to be little to be gained from bringing people back only to be rebailed because the inquiries have not been completed—often, as we heard from the noble Lord, Lord Blair, and my noble friend Lord Harris, because other agencies have not completed their work on behalf of the police within 28 days.
Amendment 115, in the name of the noble Lord, Lord Paddick, would place a duty on the Secretary of State to commission, two years after the passing of this Bill, a report on the impact of the 28 days. That strikes me as a very wise thing to do and I hope that the Government will accept it. We want to ensure that Parliament and Government are informed with proper data before coming to a decision.
Amendment 116 in this group, which has not yet been referred to, is in the name of the noble Baroness, Lady Williams of Trafford. It responds to the case made by the noble Lord, Lord Marlesford, who is not in his place at the moment. The Government listened to that case and I welcome the fact that they have put forward an amendment today.
Baroness Williams of Trafford
My Lords, I hope that what I say will assuage some of the concerns expressed by noble Lords—through Amendments 109, 113 and 114—about the proposed 28-day period of bail being too short.
In Committee, the noble Lord, Lord Paddick, pointed to research conducted by Professor Hucklesby and Professor Zander to justify extending the initial period of pre-charge bail from 28 to 56 days. I point out from the outset that, as part of our reforms, there is a presumption that a suspect who has been arrested will be released without bail—that is, there is a presumption against bail. As the noble Lord, Lord Blair, rightly said, even though he does not agree with the Government’s position, bail has been overused and not used correctly. Over time, there has been a sloppy use of bail, if I may paraphrase what he said. Therefore, in a sense, we start from that position.
In reaching our view, we took full account of the research findings referred to by the noble Lord, Lord Paddick. As I said in Committee, the 28-day period set out in the Bill was not arrived at by chance; we carefully considered the initial period of bail, taking into account the research in drawing up our proposals. We acknowledge that the research concludes that many cases will not be dealt with within 28 days. That is why the system allows for extensions in such cases, but only where such extensions can be justified. We consider that the involvement of superintendents at this stage would enable them to review the cases under investigation within their force and to chase any cases where required. I stress again that a central feature of these reforms is that there is a presumption that a suspect who has been arrested will be released without bail—where there is no bail, no 28-day or any other limit is in operation.
Baroness Williams of Trafford
Perhaps I worded it clumsily, but what I was trying to say is that it would be a sunset provision and reviewed after two years.
Lord Harris of Haringey
Before the Minister sits down, will she address the question of whether or not, as part of their response to this, the Government will take some action to support the improvement of forensic services and the speed at which forensic cases are dealt with? What steps are the Government going to take to improve the resources available to the CPS so that it might deal with cases more quickly? That is a major reason why the 28-day period would be under pressure.
Baroness Williams of Trafford
The noble Lord makes a very good point, and there are in fact other reasons outside the police’s control why 28 days might prove difficult. It is for that reason that we will not only keep it under review but look at any blockages to the 28 days being fulfilled that are outside the police’s control.
Baroness Harris of Richmond
My Lords, I thank the Minister for her response and all noble Lords who spoke in support of the amendments. I guarantee to the Government that the exercise of this will be far more burdensome than they expect and that we will come back to this. These ideas will haunt the Government, because—
Baroness Williams of Trafford
My Lords, may I be completely rude and intervene on the noble Baroness? I completely forgot to speak to government Amendment 116. Will she indulge me, while I outline that amendment very briefly?
Amendment 116 responds to a point raised by my noble friend Lord Marlesford in Committee, and to which the noble Lord, Lord Kennedy, alluded, when he argued that written notification should be given in all cases where the police decide to take no further action. Amendment 116 complements Clauses 65 and 66, ensuring that notification of a decision to take no further action is always given, whatever the circumstances of a case. I commend the government amendment to the House and apologise for interrupting the noble Baroness.
Baroness Harris of Richmond
My Lords, it is quite all right.
I want to take up the point made by the noble Lord, Lord Blair. Have the Government taken into account what will happen if the 28-day period falls over Diwali, Christmas Day, Easter Sunday, the Sabbath, Ramadan, Eid or other religious festivals? This will cause real concern as there is no flexibility to respect these dates.
What about medical appointments, pre-arranged holidays, job interviews, caring responsibilities, academic examinations, funerals? The list is endless. There may be a case for a breach of human rights; certainly it could cause a corrosive relationship between the police and the public because of the length of time and the lack of flexibility. I hope that the Government will look again very closely at what many noble Lords have been proposing. At this stage there does not seem much point in dividing the House, so I beg leave to withdraw the amendment.
“PACE: duty to notify person interviewed that not to be prosecuted
After section 60A of the Police and Criminal Evidence Act 1984 insert—“60B Notification of decision not to prosecute person interviewed(1) This section applies where—(a) a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and(b) the police officer in charge of investigating the offence determines that—(i) there is not sufficient evidence to charge the person with an offence, or(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.(2) A police officer must give the person notice in writing that the person is not to be prosecuted.(3) Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.(4) In this section “caution” includes—(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;(c) a youth caution under section 66ZA of that Act.””
Lord Kennedy of Southwark
I am conscious of the late hour and that the next business should be coming on, so I will be very brief. From our Benches, we certainly endorse the amendment in the name of the noble Baroness, Lady Walmsley, who, along with the noble Baroness, Lady Howe, has spoken in great detail on it. I do not intend to speak for much longer than that—but what is being highlighted here is very important. I will make one point: the amendment is not suggesting that all young people need is CAMHS; they need a holistic approach, so that their mental health needs can be properly assessed. It is not quite as stark as the noble Viscount or the noble Earl suggested. We certainly support the amendment on these Benches and I will leave it at that.
Baroness Williams of Trafford
I applaud the noble Baroness, Lady Walmsley, on her intention to ensure that children who have been abused have the proper provision following that abuse, mainly because they are often traumatised by their experiences. I share her desire to ensure that such children receive the support they need, including for their mental and physical health, but I must reiterate my strong belief that the overriding determinant of referral for health services must be clinical need.
Baroness Williams of Trafford
With no coercion, as the noble Viscount says. The important thing is that all children and young people, not just those who are victims of sexual offences, get the right care at the right time, based on their needs—not on a non-clinician’s view of their potential needs, based on their experiences. Furthermore, the amendment makes no reference to obtaining consent.
I think that my noble friend Lord Hailsham referred to that. Individuals, including children or their parents or carers, as appropriate, need to consent to receive treatment. Where a person indicates that they would like to avail themselves of any referral, consent can be sought for the relevant personal details to be passed to the health provider. This is the proper course of action, rather than automatically passing personal details and potentially sensitive information about sexual abuse to a third party, even when that third party is a healthcare provider. We know there is more that can be done to meet the health needs of children and we are taking concrete steps to do that.
The Government wholeheartedly agree that mental health services should be available to children and young people who need them. We are investing significant funding to that end—but, as I have indicated, it would be wholly inappropriate for referrals to mental health services to be the responsibility of police officers rather than appropriately trained practitioners. I stand ready to meet the noble Baroness and other noble Lords who have put their name to this amendment to discuss these issues further, but I hope that at this stage the noble Baroness will agree to withdraw her amendment.
Earl Attlee
My Lords, I will briefly support the noble Viscount. I would not want to put a police officer in the very difficult position of having to decide whether to get involved in close engagement with someone who is very dangerous or use a conventional firearm, with all the difficulties that that entails.
Baroness Williams of Trafford
My Lords, this amendment brings us back to the use of Tasers. I am grateful to the noble Baroness, Lady Walmsley, for taking on board the points raised when we debated this issue in Committee and coming back with a revised amendment. My noble friends Lord Hailsham and Lord Attlee have given us a flavour of what we discussed then.
Any use of force by police officers in psychiatric wards on patients—or on any member of the public in any setting for that matter—must be appropriate, proportionate, necessary and conducted as safely as possible. When police officers need to attend and use force, they must be able to account for their actions. As the noble Lords, Lord Dear and Lord Rosser, and my noble friend Lord Hailsham indicated in Committee, a blanket ban on the use of Tasers in psychiatric wards would remove this valuable police tactic when they are dealing with potentially very violent situations.
Baroness Williams of Trafford
I do not usually take interventions on Report, although I will acquiesce to the noble Baroness because she did not speak for very long.
Baroness Williams of Trafford
I welcome the fact that the noble Baroness now accepts that there will be exceptional circumstances. My noble friend Lord Hailsham has very clearly outlined what exceptional circumstances would be, and I explained in Committee that it was when all other options for restraint had failed, particularly when the person has perhaps had to be kept at length from the police officer—in other words when going near the person would create a danger for other people.
The Taser was introduced to be used at that intermediate stage. It is to be used where de-escalation at the lower end has already been tried but has failed, and where the officer deems that other options—ranging from the use of lethal force, as my noble friend said, at the higher end—will not resolve the immediate threat in the safest and most proportionate way.
With regard to recording incidents, as the noble Baroness pointed out, each officer who deploys a Taser is required to complete a Taser evaluation form on every occasion where the device is used. The form should be completed prior to the end of each tour of duty, but in any case within 24 hours of the use. The police forces’ lead Taser officer is responsible for reviewing, collating and recording all Taser evaluation forms.
In Committee I explained that new police data were being collected on the use of force by officers, including force used in a hospital setting, to further improve the existing system of recording and reporting. Police forces are working to implement this new recording system and we expect data to be published as part of the Home Office’s annual data return in summer 2018 to ensure that the use of Tasers is absolutely transparent.
I put it to the noble Baroness that effective scrutiny of the use of Tasers is a better way forward than seeking to legislate. No officer will use a Taser lightly and will seek to argue that there were indeed exceptional circumstances. I have already pointed to the anomaly that this amendment would create in respect of the use of lethal force—no one wants to see that happen—if a safer tactic was unavailable. I hope the noble Baroness will feel happy to withdraw her amendment.
Baroness Walmsley
My Lords, I thank the Minister for her reply. Anyone hearing what has been said in the House tonight would think that I was asking for a ban on the use of Tasers. If noble Lords read my amendment carefully, they will realise that that is not what it would do. It accepts what the Government said in Committee, and during meetings that we had at the Home Office, that there may be exceptional circumstances. That is why I am no longer asking for a ban; I make that absolutely clear to noble Lords who have spoken.
However, it is a very serious matter for a police officer to use a Taser, as the Minister herself has said, in which case I think it would be helpful to the police if the Secretary of State were to specify clearly what is meant by “exceptional circumstances”. The noble Viscount, Lord Hailsham, has tried this evening to give a very simple account of what that means, and indeed the Minister has done the same. If it is that simple, why can it not be done? I think it would help the police.
I am aware that, following discussion in another place of an amendment similar to this one, a lot more information is now to be collected about the use of Tasers. I think that is a very good thing, and I look forward to seeing what we can learn from it. However, in this amendment I seek to be helpful to the police and to protect them by making very clear what they can and cannot do, and under what circumstances. But clearly the Government are not going to accept that, so I beg leave to withdraw the amendment.