Crime and Courts Bill [Lords]

Debate between Jack Straw and Bob Stewart

Monday 14th January 2013 Commons Chamber

[Mr Jack Straw (Blackburn) (Lab)]

It is a pleasure to follow the hon. and learned Member for Harborough (Sir Edward Garnier) and to commend the measure that now appears in the Bill.

Ever since the principles of British policing began to be established two centuries ago, there has been a natural and inherent tension between the demand of the British public that policing should be local and the reality that many of the threats that individuals face arise nationally and internationally. The history of British policing in part reflects an effort to try to square the circle of the demand for local control and the reality of national and international threats. When there were 125 police forces in England and Wales alone, the circle was squared by the Metropolitan police having a dual function not only as the force for Greater London, extending far beyond Greater London’s boundaries, taking in a third of Surrey, big chunks of Essex and Hertfordshire, but as a national force as well. For the 30 years following the seminal Police Act 1964, there was a further squaring of the circle by successive Governments, effectively detaching the police from local influence by ensuring that police authorities had very little in the way of democratic representation and the Home Office reigned supreme.

Over the past 20 years that has changed. A succession of measures, in which I was involved partly, has led to increasing local involvement in policing—first when I started the abolition of the role of the Home Secretary as the police authority for London; then with the gradual strengthening of the powers of the Mayor for London as the police authority; and much more recently with the establishment of police and crime commissioners. Taken together, those things mean that the accountability of those for our territorial police forces will increasingly be based on local considerations. That being so, there is a greater danger than ever before that national and international concerns could be marginalised. It is for that reason that I welcome the establishment of the National Crime Agency—the result of gradual development that began in 1992 and of many changes under Labour’s Administration. For those who have a weak stomach, as it were, I should say that it is inevitable that the Bill should give powers of tasking to the new director general of the National Crime Agency by which he or she can issue orders, effectively, to local police forces. Without that ultimate power, there will be an imbalance in the priorities that territorial forces can set.

I also happen to believe that there is a very strong case indeed for handing over counter-terrorist policing to the National Crime Agency, as the London police focus becomes more and more local. If that is to happen, however, it is essential that it is by way of primary legislation, not by way of super-affirmative orders. I care about the Minister’s reputation, so I tell him to stay away from super-affirmative orders. They can lead only to a vale of tears. Some Labour Members have gone down that vale and have been only too delighted to have been hooked out and extracted by right hon. and hon. Friends.

[Bob Stewart (Beckenham) (Con)]

I have been listening very carefully to what has been said. How would the right hon. Gentleman see the police and crime commissioners fitting in if the National Crime Agency were in charge of local police forces?

[Mr Straw]

My point is this: the establishment of the police and crime commissioners is a matter of party controversy, and we will see whether they are embedded or whether there is some change. In any event there has been an increasing focus on giving local people greater say over local policing, and I strongly support that, but it means that national and international priorities—the threats that lead to quite a lot of local crime—could be marginalised. That is why there is a powerful case for a National Crime Agency and the kind of powers of direction that are inherent there. As I say, we have to go a stage further and accept that there will be two levels of policing—a national police service and the local police services—and ultimately the national police service, the National Crime Agency, will have the power to direct the local police services to ensure that national priorities are met.

On the reform of the courts, I welcome the unification of the county courts, which makes complete sense. I particularly warmly welcome the establishment of a single family court. That arises from the review of family justice under David Norgrove, which I established with support from the then Opposition. I am really pleased that, thanks not least to Mr Norgrove’s great acuity and sensitivity about the way in which the system needs to reformed and further changed, it looks as though the review will have important and beneficial consequences.

I changed the law on self-defence back in 2008. I understand why the Justice Secretary was faced with a blank in his proposed speech to party conference and thought he needed to say something on this issue. I doubt very much whether it will make any difference at all, because the practice and the law have already changed satisfactorily, but I certainly will not oppose the measure and I do not think my right hon. Friends will either.

The next issue is the right of appeal on applications for visitor visas. I ask the Minister and his colleagues to look again at the arguments that have been advanced to them by Home Office officials. No one—I say this without any levity at all—has greater affection for Home Office officials than do I. I went to great lengths in my memoirs—available in all good bookshops—to defend and to celebrate officialdom, not least in the Home Office. I never sought to blame officials when it is Ministers who set policy and implement it. However, the truth is—I may give away a secret, but too bad—that it is inconvenient for there to be a right of appeal in visitor cases. There was a lot of resistance to it when I introduced the right of appeal in 1998, and I can disclose that throughout the rest of my ministerial career, about once every two years there was a proposal from other Ministers, once I had left the Home Office, to abolish the right of visitor appeal. I blocked it, whatever position I was in. That is why it survived.