Policing and Crime Bill Debate

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Department: Ministry of Justice
Report stage: House of Commons
Tuesday 26th April 2016

(8 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 13 June 2016 - (13 Jun 2016)
Lyn Brown Portrait Lyn Brown
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I am delighted to see you in the Chair, Madam Deputy Speaker.

We oppose the Government’s proposals to allow police and crime commissioners to take over fire and rescue services, and amendments 3, 4 and 5 would delete the provisions in the Bill that would enable them to do so. We have also tabled amendments to mitigate the risks if the Government’s proposals are enacted.

Amendment 6 would ensure that a PCC could take over a fire and rescue service only with local support expressed either by elected councillors, with the unanimous agreement of all the local authorities affected, or directly through a referendum. Amendment 20 would require the Home Secretary to review the level of funding the fire service needed to secure public safety. New clause 20 would give fire services in England a statutory responsibility to deal with flooding. The Minister said in Committee that he was minded to consider that particular provision. He has not jumped to his feet to say he wants to take it as a Government new clause, but I live in hope.

When the Minister responds, I hope he will set out what benefits he believes PCCs will bring to the fire and rescue service. What skills and expertise do they have that our fire and rescue authorities do not? How will they help the fire service to cope with the new challenges it faces when dealing with major incidents such as flooding and terrorist attacks? What indication is there that the governance of the fire service is broken or substandard and needs replacing? The Government have not even begun to answer these questions or to make a case for the reforms.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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Does the hon. Lady agree that the reason that the governance of the fire service needs to be changed is that very few of our constituents would know the name of every person on the local authority fire panel? Given her involvement with the Bill, could she herself name every person on her local authority fire panel?

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The Government are presenting their “reforms” as part of a “localist” agenda, but what sort of localism allows the Secretary of State to impose her will against local objections? I guess it is the same sort of localism that is driving the forced academisation of schools. It is a localism that portrays an utter distrust of, and contempt for, local government and elected councillors. If the Government do not trust local authorities—and it seems clear that they do not—perhaps they will be pleased that our amendment allows the decision to go directly to the people via a referendum. I presume that they do trust the electorate.
Jake Berry Portrait Jake Berry
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The hon. Lady has raised the interesting issue of a local referendum. I wonder whether she can tell the House—so that we can consider her amendment properly—what the cost of such a referendum would be for each fire and rescue authority, and also who would pay. She has expressed concern about the removal of budgets from fire and rescue authorities. Perhaps if they were the ones who paid, more firefighters would be removed from the front line.

Lyn Brown Portrait Lyn Brown
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The referendum would take place on the same day as any local council election. We would not want an election to be prohibited by costs. As for where the costs should lie, I think that they should lie with the Government, because, after all, it is they who have proposed these changes. If the hon. Gentleman wants someone else to pay, perhaps it should be the Government’s arm, the PCCs. As he has rightly pointed out, their budgets are larger than those of any fire authority.

Jake Berry Portrait Jake Berry
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First, will the hon. Lady tell us what her amendment would do, and who would pay for it? Secondly, will she tell us what estimate she has made of the cost?

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Jake Berry Portrait Jake Berry
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I wish to bring my hon. Friend back to his point about how people may know the name of their chief constable but would not know who was on their former police authority. Does he agree that one real benefit of a PCC is that people will know not only the name of their chief constable, but also of their PCC? In addition, they will be involved in setting the priorities for policing in their own area. In the forthcoming PCC elections in Lancashire, one of our top priorities, which we are out there campaigning on—with success, we hope—is tackling rural crime, which is hugely important to the towns and villages around Rossendale and Darwen. The PCC election has given us the opportunity to say, “Tackle cybercrime and speeding, but also prioritise rural crime” and, thus, get people really involved with their own policing.

James Cleverly Portrait James Cleverly
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My hon. Friend raises an important point, which goes to the heart of the fundamental change in the relationship between people in the local community and the police force that represents it. It gives those people an opportunity periodically—once every four years, or indeed sooner—to hold PCCs to account. We have seen an example of where the priorities and the actions of a PCC have fallen below the level of legitimate expectation. That person was then forced to stand down and a PCC by-election took place, which really focused the minds of the people in South Yorkshire about what the role of their PCC should be. That requirement for PCCs to hold themselves to account before the electors goes to the heart of the success of the PCC model, and it is important to expand that success to the fire and rescue service.

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James Cleverly Portrait James Cleverly
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That is a fair point. I have had a number of people talk to me about the speed with which police officers move through posts, so I do not disagree with the hon. Gentleman.

Let me drag myself kicking and screaming back to the point that I was trying to make, because I have inadvertently found myself speaking more about policing than about fire and rescue services. I think it is legitimate, because what we have seen in London is a very clear line of accountability. Londoners may not be able to identify their nearest—I do not use the word “local” here—fire authority member. The hon. Member for West Ham (Lyn Brown) mentioned the local councillor on Newham council who has responsibility for fire and safety, but that councillor does not sit on the London fire authority. In fact, the reason I asked her specific questions is that I know who sits on the London fire authority—I am probably one of the few people in this Chamber or elsewhere who does—and I know that no one from the London borough of Newham, either elected or appointed, is on that authority. When the people of Newham want to cast judgment on the delivery of fire services in that borough, the only person they can either reward or punish at the ballot box is the Mayor of London, who, we should remind ourselves, is also the police and crime commissioner for London.

I want to address the hon. Lady’s point about the fire service being starved of resources so that we can support what she feels is the higher-profile policing service. After the changes that the London fire authority made, the Mayor of London, who is the budget holder for both the police and fire authorities, made a commitment to protect the London fire budget irrespective of the budgetary award from central Government. He was able to do so, because he could flex his budgets over the two areas. Far from starving resources from fire and rescue to give to policing, he was able to protect fire and rescue by dipping into his broader budget. Therefore, I fundamentally disagree with this idea that a police and crime commissioner who has responsibility for both policing and fire services would automatically and obviously rob Peter to pay Paul. That view is reinforced by the fact—the Minister has stated this from the Dispatch Box on a number of occasions—that the budget lines are separate.

Before I conclude, I will touch on the concerns that were raised by the shadow Front-Bench team about the single employer model. There are many instances where the employer has very different types of employee in terms of public sector delivery. No one confuses civil servants at the Ministry of Defence with members of the Special Air Service. Ultimately, both are employed by the same organisation; there is no confusion in the minds of the public there. Indeed, in the fire and rescue service and the police force, we have both uniformed and non-uniformed members of staff. The police service has warranted officers, police community support officers and non-uniformed civilian staff, and they are all under the same employer and there is no public confusion about the different roles. The idea that, somehow, the British public are too dim-witted, or too slow on the uptake, to be able to tell the difference between a copper and a firefighter is an argument that is so bereft of power that it should be disregarded.

The British people deserve to know who to punish or to reward at the ballot box in relation to fire and rescue, because, like policing, it is a vital public service. I have no doubt that, next week, we will see a much greater engagement and turnout in the police and crime commissioner elections than we have seen previously because people now understand in more detail what they are voting for. They have seen where the police and crime commissioners have done well, as highlighted in Cheshire by my hon. Friend the Member for Eddisbury (Antoinette Sandbach), and where they have done less well, and the PCCs will be held to account at the ballot box. When it comes to the delivery of fire and rescue provision, the British people deserve just as much a say as they do on policing, so I am happy to support the Government’s position, and I call on the House to reject the new clause put forward in the name of the shadow Minister.

Jake Berry Portrait Jake Berry
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Having spoken on Second Reading and served on the Bill Committee, it is a real pleasure to be here on Report. Initially, I want to address my comments to new clause 20, which was proposed by the Opposition. The aim of the new clause, which is to give fire and rescue services the lead in flooding, is good. However, I disagree with the new clause overall, and I will go on to say why I do not think it is necessary.

I was selected as the Conservative parliamentary candidate for Rossendale and Darwen in 2007. On 13 January 2017, it will be 10 years since I was selected—hopefully, there is a big celebration to come. In that period, the village of Irwell Vale in my constituency has, I think, flooded four times. The aptly named village of Waterfoot has flooded three times, and Whitewell Bottom has flooded twice. Like so many areas that have grown up because of the industrial revolution, the towns and villages of the Rossendale and Darwen valleys are built on the valley floor so that the manufacturers and industrialists of the day could take advantage of water power.

Like many other areas in the north-west of England, we have been subject to severe floods over the past 10 years, no more so than on Boxing day when we had what the Environment Agency called a once-in-75-years flood, having had a once-in-25-years flood a few years previously. Having been working closely with the residents of Irwell Vale who are still out of their homes four months on from the flood, I know the huge impact that flooding has and the huge family disruption it can cause.

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Julian Knight Portrait Julian Knight
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My hon. Friend is making a powerful case from personal experience. Does he agree that flexibility is crucial? That is what he is describing. Surely if someone has the skills and the wherewithal to tackle the situation and they are on the scene, they should be allowed to do so without fear of legal recourse.

Jake Berry Portrait Jake Berry
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My hon. Friend makes my point very clearly. People should try to prevent flooding or loss of life only when it is safe for them to do so and when they believe that they have the capacity to deal with the situation—for example, members of the armed forces or police officers, who are extremely brave, or the Environment Agency or the water board. The clause would put an unnecessary straitjacket on the response to floods in Lancashire. Although I support much of what it seeks to achieve, putting that in primary legislation is probably a step too far.

As an update, I can tell the House that the people of Rossendale are well served. We have the impending visit of the Minister with responsibility for floods, the Under-Secretary of State for Environment, Food and Rural Affairs, who is coming to Irwell Vale on 13 May. I do not think he knows what is going to greet him. I will make sure that there is an angry mob to talk to him about the response of the Environment Agency, but no one should tell him that. I hope it can remain our secret. I hope that in future the Environment Agency may be in a position to take a lead in the Rossendale valley, looking at a full catchment solution.

Jim Cunningham Portrait Mr Jim Cunningham
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The hon. Gentleman mentions the Minister with responsibility for floods. In the 1970s we had a Minister with responsibility for drought. He was expected to bring the rain when necessary.

Jake Berry Portrait Jake Berry
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There is no drought in Lancashire, but if the hon. Gentleman wants me to come to Coventry to do the rain dance, I am more than happy to do so if it is required.

Amendment 2, in the name of my hon. Friend the Member for Cannock Chase (Amanda Milling), has been signed by right hon. and hon. Members across the House. Having been involved in the Bill since Second Reading, it is clear to me and probably to everyone who has spoken on the Bill or served on the Committee that the recognition accorded to police and crime commissioners is at an all-time high. We first went to the polls on a wet November evening in my constituency to elect a police and crime commissioner. When I went knocking on people’s doors saying, “This is an important national election. You must come out and vote”, I was met with blank faces. People did not know what the office had been created for and they did not understand what police and crime commissioners would do.

Everyone who heard the evidence session on the Bill, with some excellent contributions from police and crime commissioners all over the country, would say that that has now changed. I may fundamentally disagree with much of the evidence given by Vera Baird to the Committee, but I have heard of her. I listen to Radio 4 in the morning and I often hear her, usually beating up the Government. She is raising the profile of police and crime commissioners, as are police and crime commissioners across the country.

The general public like the idea of having one individual whom they can hold accountable for the performance of their local police service. The old police panel was remote. It was appointed and was therefore unaccountable. I compare that to the situation today with my local PCC. He has taken road shows all around Lancashire, going out there and talking to people about what they would like policing priorities to be over the next four years. I am slightly sceptical about his new-found fondness for going out and meeting the public. It seems like a last-ditch attempt to be re-elected. I hope that Andy Pratt, the Conservative candidate, who has 30 years’ service as a police officer, will win in Lancashire so that, like many other areas of the country, including Cheshire and Staffordshire, we can have our PCC all year round, not just every four years at elections.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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If a member of the public has a problem, are they no longer allowed to go to the police chief? Do they have to go to the police and crime commissioner, or are there two centres? Can people write to the chief of police and say, “I’m really worried about this”, or are they expected to go to the police and crime commissioner?

Jake Berry Portrait Jake Berry
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There is nothing precluding people from writing to their local chief constable. As chief constables are primarily responsible for the operational work of their local police force, if the query related to an operational matter, I would recommend that people wrote to their chief constable. People like to raise matters with the police and crime commissioner as well, but that is one democratically accountable, known individual who can put pressure on the chief constable on their behalf. I am sure the chief constable would be happy to hear from someone living somewhere in Lancashire, but he might be quicker to reply to their letter if the police and crime commissioner had his foot on the chief constable’s throat about the issue—[Interruption.] Indeed, or the MP. Many people do come and see me.

Richard Drax Portrait Richard Drax (South Dorset) (Con)
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My hon. Friend is making an excellent speech. I have a couple of observations. First, I was not happy with the politicisation of the police force. It was wrong that we should have Labour or anyone else as PCCs. That worries me. Secondly, does my hon. Friend agree that there is potential for conflict between the PCC and the chief constable? In some cases the PCC is a former policeman, but PCCs may have no experience of the police, yet have the power to appoint and sack someone who may have 35 years’ experience. I am not happy with that, either.

Jake Berry Portrait Jake Berry
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On the politicisation of the police force, that may have been driven by low turn out. Even though the Labour party opposed the office of police and crime commissioner in its last manifesto, I note that it is standing a candidate in every division. At the last election there were many independent candidates standing as police and crime commissioners. At the evidence session of the Bill, we had the independent police and crime commissioner for north Wales, Mr Roddick, come to give evidence. He was excellent. If I lived in North Wales, I would probably vote for such an excellent individual with a fantastic vision for policing. If he were a Conservative, I would definitely vote for him. Many independents have been successful.

Jack Dromey Portrait Jack Dromey
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(Birmingham, Erdington) (Lab): The hon. Gentleman says that we need the highest possible turnout. Of course, historically turnout at police and crime commissioner elections has been low. Does he therefore share our surprise that the Home Office has committed to spend the grand total of £2,700 on advertising for this year’s PCC elections?

Jake Berry Portrait Jake Berry
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I have a lot of respect for the shadow Minister, but I think it is slightly disingenuous to say that the turnout was low, because it was the first ever such election, it was held in November and it was not coterminous with other elections. Given the interest in the local elections in all our constituencies, I think that the turnout will be slightly higher. With regard to the £2,700, I am surprised that the Home Office has spent so much. I do not think there should be any state funding for political parties or elections, so he will not find me lobbying the Home Office to spend more.

Let me return to the point made by my hon. Friend the Member for South Dorset (Richard Drax) about politicisation of the police. Support for our police and crime commissioners has grown, including for excellent independent police and crime commissioners. In Lancashire we have a police and crime commissioner who I think is very much at the beck and call of the chief constable. Although there needs to be a close working relationship between the two, I think that the police and crime commissioner often needs to be a critical friend, because he is not there to fight only for the interests of the police and police officers, as important as that is; he should be there to fight for, and put forward the voices of, people across Lancashire who want an improved policing service.

As I said in an intervention, one of the things I would like our police and crime commissioner to prioritise after the May elections, whoever he may be and whichever political party he may be from, is rural crime. That is driven not by Preston, Blackburn or Blackpool, the major conurbations in the county, but by villages such as Tockholes, Hoddlesden, Weir, Cowpe and Waterfoot in my constituency, where rural crime has a major impact on people’s lives. I hope that whoever wins the election is listening to this debate and will prioritise that. I think that can be the role of a police and crime commissioner: not to push the police’s agenda, but to push the people’s agenda in the area they represent.

Amanda Milling Portrait Amanda Milling
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Does my hon. Friend agree that that is absolutely the point of a police and crime commissioner: to represent the public? In doing so, they can look at things differently. For instance, the police and crime commissioner in Staffordshire has demonstrated innovation and is looking at ways in which the police can use technology to do the admin while out and about on our streets, rather than having to sit behind a desk.

Jake Berry Portrait Jake Berry
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I agree with my hon. Friend. Let me mention one of the best examples I know of a police and crime commissioner taking a different approach. I met the police and crime commissioner for Cumbria shortly after he was elected. He had previously been headmaster of a Lancashire school. He said, “Do you know that there is no rape crisis centre in Cumbria? That is absolutely disgraceful for a police area of this size.” He took some of his PCC budget that was meant to be spent on administration and set up a rape crisis centre. I think that shows just how police and crime commissioners who really care about their areas—it is nothing to do with politics—can make a huge different to policing. When he was elected he said, “This is one of the things that I am going to change, because it is a disgrace that Cumbria does not have one.” In fact, he changed that within 18 months of the election. As a result of such actions, the recognition and popularity of police and crime commissioners has grown, and I believe that the same will happen with police and fire commissioners.

We all have immense respect for police officers and fire officers, but we accept that they do very different jobs. The public often see them working together and co-operating—for example, at the scene of an accident—but the idea of those two separate services having a common leadership will take longer for the public to understand. That is why I believe amendment 2 is absolutely necessary to improve an otherwise excellent Bill.

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Geoffrey Clifton-Brown Portrait Geoffrey Clifton-Brown (The Cotswolds) (Con)
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It is surprising what inspiration one can get when sitting in this place. I am delighted to speak to this group of amendments, and I do so in the very good hope that I can curry favour with my hon. Friends on the Front Bench and that they will give me everything I want when we come to discuss the next group of amendments. I therefore hope that they listen very carefully to what I have to say.

I think that this is an excellent clause, because it is enabling but not prescriptive. It enables fire and rescue authorities to be taken over by PCCs, but it does not compel them to be. That is where I take issue with the Opposition provisions. I have huge respect for fire and rescue authorities, which do a fantastic job. In my area of Gloucester, the authority is under the control of the county council, and—this is why I am pleased the clause is enabling not prescriptive—I would not want it to be transferred to the PCC, who is an independent and who is not doing a particularly good job. That is why the clause is excellent: it deals with everything on a case-by-case basis.

Having said that, I must mention my experience of having the Fire Service College in my constituency. The college provides major training for the fire service and does some amazing blue-light collaborative training involving the fire, police and ambulance services. As my hon. Friend the Member for Rossendale and Darwen (Jake Berry) said, it is essential that those services work as collaboratively as possible in an emergency. The services in Gloucestershire are coterminous and relatively small, compared with some of the larger, urban authorities, and the chain of command works incredibly well, with each service knowing exactly what it is supposed to do in any given circumstances. It is essential, particularly with more sophisticated and frequent emergencies—whether flooding or, regrettably, things such as terrorism—that the blue-light services work closely together.

Training for such events could be improved. Resilience training for all three blue-light services, working together in emergencies, could be improved. If, God forbid, they are ever really tested in a big emergency—particularly one that takes place at multiple locations—they will need their training and collaboration to be of the highest order. That is where some of the mergers of fire and rescue authorities and PCCs could help.

Having said that, my area is looking at an ever-increasing fire and rescue service operating under the county council. It is not just operational efficiency that I am looking forward to from the Government’s proposals, but administrative efficiency. Let me give the example of Cirencester—the biggest town in my constituency. The fire station there was formerly operated by professional firefighters; it is now moving towards retained firefighters, and there will not be quite so many of them. The premises is vast, and it is maintained at public expense, but the police could usefully use it for their authority too.

We therefore begin to get the idea, which should be pushed more and more, that our precious public resources can be better utilised—in the case of property, if more than one public authority occupies it at once. However, that requires a different mindset from authorities. The police are used to having their police station, and the fire services are used to having their fire station, and hitherto, in some cases, the two have never felt it appropriate to mix. We can achieve significant efficiencies by merging the two, particularly when it comes to property.

Jake Berry Portrait Jake Berry
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I am sure my hon. Friend will agree that, when we go out and talk to our constituents, we see that they really care about the people out on the street and the frontline. We cannot measure a service by how many buildings it occupies in our town. Is my hon. Friend aware of the shared fire and rescue training and police training in Northern Ireland, which has saved tens of millions of pounds? That shows that, where co-operation is done right, and the police and the fire service maintain their independence, significant savings can be made.

Geoffrey Clifton-Brown Portrait Geoffrey Clifton-Brown
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I am grateful to my hon. Friend, because that gives me the opportunity yet again to praise what the Fire Service College is doing in Moreton-in-Marsh. It is a large establishment on about 600 acres. It is on an old airfield, and it includes a runway used as a practice motorway on which motorway pile-ups can be simulated using real scrapped cars, so that the police, fire and ambulance services can then train in a big joint exercise. The college has offices they set on fire, and the police, fire and ambulance services can use that to train. It also has a ship it can set on fire. It has all sorts of huge facilities.

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Mike Penning Portrait Mike Penning
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If I had had the clearance today, I would have supported amendment 2, but there are issues on which I need to get clarification. We will introduce in the Lords basically what my hon. Friend is asking for, because it is important that the public understand exactly what they have got. Of course, the Bill will receive Royal Assent long after the elections. Some PCCs have, quite rightly, put in their manifestos now what they would like to see, but there is an issue about whether the title should include police, fire and rescue.

Jake Berry Portrait Jake Berry
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I hope that the Minister will take the opportunity to deal with a point that I raised about the clause. Will he confirm that, before the Secretary of State makes a direction under secondary legislation, as envisaged by the clause, there will be wide consultation? Will he confirm that the Government will consult widely with the fire and rescue service, in particular, given the concerns that it has raised about maintaining not only its operational independence, but an element of independence in the eyes of the public?

Mike Penning Portrait Mike Penning
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That is exactly what will be proposed. This is not one size fits all, and it will not be imposed, in that we would like an agreement locally. Clearly, that may not be possible in some parts of the country. Then it will be for the PCC to put a business case to the Home Secretary, and then we will go out to independent review when the consultation takes place. Fundamentally, we are not trying to interfere with operational firefighting and the operational police; this is more to do with dealing with administrative costs to save the moneys that we all know could be saved.

In Lancashire, for example, I met the chief constable and the PCC, and they told me that they were going to use some of the reserves to build a new police station in Blackpool. I said, “Fantastic news. I wondered what you were going to use the allocated reserves for. But you have had a conversation with the fire service as well, haven’t you? You cannot put a fire station into a police station, because the big red trucks do not fit in the foyer, but you most certainly can put a police station in a fire station.”

Jake Berry Portrait Jake Berry
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To come back to my specific point about the clause, my question is: if this or a similar clause comes forward in the Lords, will there be wide consultation, especially with the fire service, before the Secretary of State gives direction about the national title to be used by police and crime commissioners? I would be grateful if the Minister could answer that question.

Mike Penning Portrait Mike Penning
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It is vital that we get the title right and that there is a national title for those taking on those responsibilities. At the same time, there will be consultation not only with the FBU and the other unions and with the chief fire officers and their association, but with the chief constables and the Police Federation. The title will be with us for a long time. When I first joined the fire service—I think it was the fire service, not the fire and rescue service, at the time—I was, sadly, a fireman; I say that because in my time we did not have fire ladies. We were not called firefighters then. I think it is sad that that change did not happen many years earlier.

I want to touch on the issue of flooding. I was so impressed by our firefighters and ambulance crews, and by the local communities, volunteers, local authorities and police in areas where flooding took place. Flooding is becoming more and more a part of the fire and rescue service’s work. However, that is not new. There is a lovely place on the edge of Epping forest called Theydon Bois—it is in Essex, but quite close to east London, where the shadow Minister resides—where flash floods were a regular occurrence, and we used to go there. As a full-time firefighter, I regularly used to go there.

In Committee, I said that I would keep an open mind about the need to change the title to reflect areas of responsibility. In my opinion, this has nothing to do with money. Normally, I agree with nearly everything that the hon. Member for Vauxhall (Kate Hoey) says, but on this occasion, I do not. Her constituency is only partially affected by the Bill, because the Mayor has now taken over direct responsibility for the fire service in London—that had been called for for some considerable time—so I am not surprised that PCCs are not at the forefront of conversations when she knocks on constituents’ doors in her part of the world.

There are real benefits to come from the collaboration that can take place. I am not saying that no collaboration is now taking place, but much more can be done. In particular, there is more work to do with ambulance services, especially with the triage units on blue light vehicles. I will soon have the honour and the privilege to go to America to pay my respects at the site of 9/11 in New York. No policing and fire Minister has yet done that, which I think is a sad indictment. One of the main reasons why I want to go to New York is to look at its firehouses, as they are called. Another reason is the fact that paramedics are carried in the back of fire appliances, which we need to consider very carefully in this country.

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It should be borne in mind that special constables are precisely that: they are police constables. There is a big difference between them and other volunteers, which brings us back to the issue of policing with consent. Although special constables are volunteers, they are also fully fledged police constables, and one would expect them to have the powers that police constables have, because they wear the uniform of a police constable. That, I believe, is quite an important differentiation.
Jake Berry Portrait Jake Berry
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The hon. Gentleman is absolutely right about the role that special constables play in our police force. They are vital to policing throughout the United Kingdom. Will he join me in calling on the Government, when the Bill goes to the other place, to consider extending the protection of the Police Federation to special constables, who cannot join the federation unless there is a change in primary legislation? I think that that would be a good way of ensuring that when special constables go out there and take risks, they benefit from the protection of a proper trade union.

Andrew Gwynne Portrait Andrew Gwynne
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I entirely agree. I am very proud that the headquarters of the Greater Manchester Police Federation are in the Reddish part of my constituency, in Stockport. The work that the federation does in supporting police officers is absolutely brilliant, and, as the hon. Gentleman says, it is crucial that we extend that support and protection to special constables. After all, they are doing the job of a police constable. When we talk about the role of volunteers, it is important for us to do so in the context of what we expect volunteers operating in the police service to do.

My hon. Friend the Member for Birmingham, Erdington, who spoke passionately about these issues, was right to draw attention to the important role of the home watch. In all our constituencies there will be home watch schemes led by dedicated members of the public and volunteers, working alongside the police and police community support officers. They provide a vital connectivity between the community and the police service, which, even following the introduction of neighbourhood policing, is still considered by too many of our constituents to be fairly remote from public concerns. So I support volunteers being the eyes and ears of the police on the ground and in schemes such as home watch.

Also, in my constituency, we have some very dedicated volunteers manning the front desks at the few police stations that are still open. They are playing an important role in ensuring that continuity of service is provided to members of the public. We often hear Ministers talking about protecting the police frontline, but to a number of my constituents who have experienced police station closures and front desk closures, that actually was their frontline. That was where they could get face-to-face access to the police service when they needed it. Were it not for police volunteers in Dukinfield in my constituency, for example, that police front desk would have closed in the same way that ones at the Denton and Reddish police stations have done. Those closures are a retrograde step for the communities that I represent.

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Amendment 13 rightly seeks the removal of what I can describe only as a barmy proposal by the Government to provide for police volunteers to be issued with CS spray and PAVA spray—I do not support that proposal. We need to be very careful here; we need to have proper, appropriate checks and balances, ensuring that the people who patrol our streets with CS spray and PAVA spray are warranted police officers. I do not think it appropriate for volunteers to have that facility. Perhaps the Minister can convince me about what the real intentions are here, and who would be expected to have the facility, but as the Bill stands it appears that that provision is available for any volunteer that a chief constable deems fit. That is too ambiguous. If we are to extend that power to volunteers, Parliament needs to be very clear about the circumstances, the conditions and the appropriate checks and balances.
Jake Berry Portrait Jake Berry
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Will the hon. Gentleman accept that Parliament is not seeking to extend the power to volunteers? It is seeking to extend the power to chief constables to make the decision on whether volunteers should have CS or PAVA spray. How long does he think that a chief constable would be in office if someone—perhaps an accountant—came in to volunteer on a complicated fraud case and he said, “While you’re in here, take this CS gas spray.”? I think the hon. Gentleman is being unduly alarmist.

Andrew Gwynne Portrait Andrew Gwynne
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I would sooner be unduly alarmist than face a situation in the future where somebody may have been approved inappropriately to have this facility. It is the duty of Parliament to legislate well. We need to be much clearer in the Bill about what we intend so that there can be no ambiguity in respect of a chief constable in future. It should be perfectly clear what Ministers intend with regard to the use and the extent of this power.

All it would take is for the Minister slightly to amend and to clarify those points, and we might then have a different view. Unless the legislation that we pass is completely clear, and the intention is completely clear, we run the risk at some stage in the future of somebody who is inappropriate having that power extended to them.

Jake Berry Portrait Jake Berry
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Is the hon. Gentleman seriously suggesting that Parliament should sit until the recess and come up with an exhaustive list of circumstances in which chief constables could use this power? Surely the appropriate thing to do is to trust our chief officers to use the power responsibly, which is exactly what this Bill does.

Andrew Gwynne Portrait Andrew Gwynne
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I hope that we would not have to face a situation in which chief constables inappropriately use the powers that the Government are seeking to extend to them, but it is our duty to legislate for a situation where that might be the case. I do not want, at some stage in the future, a chief constable to be all over the headlines of the national press because they have done something that they should not have done but to get out of that because the intention of the Act was not clear. All I am asking for is some clarity from the Minister. If we have to wait to get this right, the Government have the power to carry over legislation. Bills do not fall at prorogation if the Government want to carry them over. Actually, the Government could easily amend the Bill and clarify the point during the remaining stages.