Police Powers of Designated Civilian Staff and Volunteers (Excluded Powers and Duties of Constables) Regulations 2018

Baroness Williams of Trafford Excerpts

Tuesday 27th March 2018 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Police Powers of Designated Civilian Staff and Volunteers (Excluded Powers and Duties of Constables) Regulations 2018.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, noble Lords will recall the debates we had on the Policing and Crime Bill during the last Session—it seems a long time ago. The Bill received Royal Assent on 31 January 2017 and many of its provisions are already in force, with a number of further measures due to be implemented on 1 April.

The Committee will recall that the Act provided the legislative underpinning for a number of important reforms which included provisions enabling chief officers to make better use of police staff and volunteers, freeing up police officers to focus on their key tasks. Chapter 1 of Part 3 of the Policing and Crime Act 2017 amends Section 38 of the Police Reform Act 2002 to enable civilians employed by police forces to be designated with additional police powers. These reforms also enable volunteers under the direction and control of a chief police officer to be designated with powers for the first time. Part 1 of Schedule 3B of the Police Reform Act 2002 sets out a list of powers that are reserved solely for use by constables and cannot be used by police staff or volunteers. Included within that list are some of the most intrusive powers available to constables such as stop and search and arrest.

When we consulted on these reforms in 2015, the Police Federation proposed the removal of one of the original powers of detention officers made available in 2002, that of carrying out an intimate search when a medical professional is not available. While the number of intimate searches conducted by police staff rather than constables is very low—they have been carried out three times nationally in 15 years—this is a very intrusive power and I committed in our debate to restrict its use. Unfortunately, due to an oversight in the drafting process, the Act does not in fact restrict the use of this power, so these draft regulations would deliver on that commitment. Regulation 2 would add the power to undertake an intimate search when a medical professional is not available, under Section 55(6) of the Police and Criminal Evidence Act 1984, to the list of excluded powers and duties. As with the other powers already on this list, they are reserved solely for use by constables and cannot be used by police staff or volunteers.

The addition to the schedule of excluded powers and duties of the power to conduct an intimate search in the absence of a medical professional will ensure that the most intrusive powers remain available only to police officers, thus preserving the office of constable as central to the delivery of policing in England and Wales. These draft regulations deliver the full intent of the measures already approved by noble Lords in the last Session. On that basis, I commend them to the Committee.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, like the noble Lord, Lord Paddick, I am happy to support the regulations before the Grand Committee. It is obviously sensible that civilians are designated as having certain additional police powers as and when an appropriate police officer believes they are needed. Equally, of course, it is important that certain things are prohibited, and certainly an intimate search should not be in the hands of anyone but a warranted police officer. That is why I fully support this order.

[Baroness Williams of Trafford]

I thank both noble Lords for their contributions. On the question asked by the noble Lord, Lord Paddick, about how many other powers should be included, he is right that the Government should keep these excluded powers under review. They will give careful consideration to any request to add powers but it should be noted that the regulation-making power within Section 38(6)(c) of the 2002 Act can only be used to add powers to the list—that is, to remove further powers from designated staff and volunteers. The noble Lord probably knows that primary legislation would be required to remove any powers from the list and enable them to be designated to staff or volunteers.

Motion agreed.