Policing and Crime Bill

James Cleverly Excerpts

Monday 7th March 2016 Commons Chamber

[Steve Brine (Winchester) (Con)]

I am grateful to the Home Secretary for mentioning Hampshire before I did. I know that she is looking for reform to continue and for collaboration between the emergency services. I am sure that she is aware of the H3 project in Hampshire between the county council, the constabulary and the fire and rescue service, which is a genuine trailblazer in this area. The partners in that collaboration are already delivering savings of 20%, so is Hampshire not the apple of her eye as she embarks on this Bill?

[James Cleverly (Braintree) (Con)]

Go on, make his day.

[Mrs May]

I am tempted to do that. I should perhaps respond that my hon. Friend the Member for Winchester (Steve Brine) is the apple of my eye when he stands up and makes such a point about Hampshire. [Interruption.] Well, I have to say to my hon. Friend the Member for Braintree (James Cleverly) that he has not yet put into practice what he said he wished to do.

Hampshire is a very good example of the collaboration that can work. The Minister for Policing, Crime and Criminal Justice has visited Hampshire. He has seen Winchester fire and rescue service and the police station. These are all innovative ideas that provide a better service to people. I commend Hampshire and other parts of the country where they are putting this collaboration into practice.

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[Andy Burnham]

I agree with the hon. Gentleman that cybercrime or online crime is one of the biggest challenges that we face, but there would probably be agreement across the Floor of the House that, among the 43 police forces in England and Wales, there is not yet the capability to investigate cybercrime. That is an issue for everybody. My question is how those forces will develop that capability if they face year upon year of real-terms cuts? I just do not think that that is sustainable.

The hon. Gentleman must also think about public safety and the cuts to fire services. There are cuts to the fire service in London and thousands of the number of firefighters, pumps and stations is being cut all over the country. Thousands more are set to go following a local government settlement that has inflicted the biggest cuts on urban areas. The embarrassing truth for Ministers is that if their northern powerhouse catches fire, there will be no one there to put it out.

[James Cleverly]

As a former chairman of the London Fire and Emergency Planning Authority, I ask the right hon. Gentleman whether he will concede that at the same time as the reductions that he has spoken of, the London fire brigade had the best performance year in its recent history.

[Andy Burnham]

Again, I urge Government Members not to be so complacent. The hon. Gentleman may have seen that there was a fire in north London, around Euston, in the last couple of weeks where the London fire brigade missed its response target and, sadly, there was a fatality. I would not be so complacent if I were him, because fire services up and down the country are missing their recommended response times. If he believes that the cuts to London’s fire brigade and to fire and rescue services around the country can carry on in the way that his party proposes, I think he is putting public safety at serious risk.

The Government’s answer to the funding challenges is to have greater collaboration and greater use of volunteers. Neither is wrong in principle; the question is how they will be implemented. There are risks inherent in both policies if they are done in the wrong way. Together, they do not add up to a convincing solution for the future of emergency services. Patching two leaky buckets together does not make one that works. As the police and crime commissioner for Northumbria, Vera Baird, said today, the Bill looks suspiciously like a plan for “policing on the cheap”.

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[Andy Burnham]

I say to all Government Members that an increased reliance on volunteers is no way to backfill cuts to core provision. Volunteers can add value—they can extend the reach of emergency services—but they are no substitute when filling the gaps left by cuts to front-line services that potentially leave the public at risk. The hon. Gentleman might be happy with a part-time police force or a part-time fire service, but I can tell him that most of my constituents would argue that that is not acceptable and that we need sufficient full-time resources on the front line to keep people safe.

[James Cleverly]

Will the right hon. Gentleman take this opportunity to correct what I can only assume to be an inadvertent slur on the many thousands of people in the part-time police force, the part-time fire service and the part-time armed forces who put their lives at risk, and do so because they are driven by a sense of public duty? Will he take this opportunity to remove that slur on the professionalism of all those individuals?

[Andy Burnham]

Clearly the hon. Gentleman was not listening because I praised the role of police specials and said that there was a role for volunteers. I happen to believe, however, that it is not fair to put those volunteers in dangerous positions without the powers, without the training and without the resources to do the job properly. If he thinks that emergency services that are increasingly run by volunteers represents the right way for us to go, I can inform him that Opposition Members seriously disagree with him.

The most worrying part of the Bill is part 1, given its implications for the future of fire and rescue services. Fire services have already faced severe cuts over the past five years, and they face another five years of deep cuts to front-line services. Our worry is that the Bill could make them even more vulnerable and could lead to fire and rescue services disappearing altogether as separate services. There is a real concern that the proposals to put fire under the control of police and crime commissioners has simply not been thought through. I am sure that the Home Secretary agrees that this is a major change, so will she answer this question: where is the Green Paper or the White Paper examining the pros and cons for such a change to the governance of our emergency services?

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[John Woodcock]

But what if they have retired?

I am getting into the rather unusual situation of wanting to ask questions of the Minister who has intervened on me. If my understanding is wrong, I hope he will point that out now or in his summation, but I understood that the only sanction available for an officer who had already retired was not to reduce their pension further, but simply to put them on a list to prevent them from going back to the job from which they had retired to escape accountability.

[James Cleverly]

I hope I can clarify the situation. I have served on the professional standards sub-committee of the Metropolitan Police Authority, so I can tell the hon. Gentleman that we are discussing the difference between a conduct sanction, for which the maximum penalty is dismissal from the force, and a criminal offence, for which pension forfeiture is one of the options. We must not confuse the two elements.

[John Woodcock]

That is helpful. I must say that I was not confusing the two of them, but I am grateful to the Minister for attempting to provide clarification.

I think we are clear that, at the moment, there is no such sanction for a finding of misconduct against an officer who has already retired. That is surely still a gap because it seems palpably absurd to suggest that some sort of blacklist would be a sufficient deterrent or, if that is not what the sanction is for, to give a sense of confidence and justice. I really hope that the Government will think again about this issue. They should also consider whether community work could be mandated in certain appropriate circumstances in certain fields for officers who have subsequently been found guilty of misconduct. I suggest that what is being proposed will simply not be enough to meet the real need for people to have greater confidence that retired officers can be sanctioned.

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[James Cleverly (Braintree) (Con)]

I will limit my speech to part 1 of the Bill, which deals with collaborative working, and specifically to the provisions to bring fire authorities under the umbrella of police and crime commissioners, and the changes to the London Fire and Emergency Planning Authority. I served for many years on the Metropolitan Police Authority, and I was, until just prior to my election to this place, the chairman of the LFEPA, so I have seen at first hand the police authority structure, the current fire authority structure and now the workings of the Mayor’s Office for Policing and Crime in London. I have also seen at first hand the confusion sown by the existing structures, particularly within the London fire authority. That confusion exists in the minds of voters and firefighters, and it also sits in the minds of the members of the fire authority itself.

Since the introduction of PCCs, we have seen a clear line of accountability from the electorate, through the PCCs, to chief constables and ultimately police officers themselves. There is no ambiguity about where the buck stops, and that is absolutely how a democracy should work. The people who hold and deploy budgets, and who set agendas and priorities, should be accountable to people at the ballot box, and that is what we see with PCCs. I therefore welcome the shadow Home Secretary’s statement that the Labour party’s position on PCCs has evolved. That is a mature position. I would like to see it evolve further and for him to embrace the model, but we will take one win at a time.

In comparison with the PCC system, the LFEPA, when I chaired it, had a mixed fleet of members: some were borough councillors; some were London Assembly members; and some were direct appointees of the Mayor of London. None—myself included—were elected to sit on the London fire authority, as every single member was appointed by the Mayor. The local government appointees were appointed on a proportional system, based on the local government elections, which created the perverse situation that the Mayor, as the only one of us elected with an explicit fire and rescue mandate, did not have a majority on his own functional body

I referred to the confusion among members. We had Labour and Liberal Democrat members describing themselves as “the opposition” on the London fire authority, despite the authority as a whole being the executive body. We also had the ridiculous situation where I, as the chair of the authority, had almost a Prime Minister’s Question Time-style monthly grilling by other executive members, of whom I was no more than the chair. If members of the fire authority do not understand its function—if they believe they are the scrutineers of the executive, rather than part of it—and misunderstand its scrutiny role, how on earth are members of the general public, or firefighters themselves, expected to understand it?

Chapter 3 of part 1 of the Bill remedies that situation by introducing a much clearer line of accountability so that the Mayor can take a direct role in the governance of the London fire brigade, rather than acting via the rather cumbersome mayoral direction process, as set out in primary legislation, which is what currently happens. The Bill provides for a much clearer golden thread from the Mayor, through the deputy mayor for fire and emergency, the London fire commissioner and the London fire brigade, to the voters, as should be the case.

I would like that model replicated around the country so that people can understand how the system works. We currently have a weird mixed fleet with fire authorities. Some are nothing more than a committee of a county council, while others have mixed systems with some councillors and some direct appointees. This incredibly cluttered system is past its sell-by date, if it were ever within it—I am not sure it was ever the right structure for fire and rescue.

There are also far too many fire authorities in the country. Fire authorities and brigades do a good job, but I struggle to comprehend how the fire and rescue requirements of east Sussex can be so fundamentally different from those of west Sussex.

[Andy Burnham]

I am listening carefully to what the hon. Gentleman is saying, but will not the Bill make things even more complicated by providing for local authority control, traditional fire authority control, potential elected mayoral control and then another model of PCC control—even within that, as the Bill states, there are three models of PCC oversight? Will that not be even more complicated?

[James Cleverly]

I do not believe that it will be. Ultimately, the Bill will result in a gravitational pull to clear, clean lines of accountability. I foresee that the elements in the Bill that facilitate but do not mandate will prove to be a more effective model. I predict—I would be willing to be pulled up on this in the future—such a gravitational pull. It is what firefighters, police officers and the general public want, and it is what the House should also want.

Although I have been very supportive, I shall be a critical friend on one particular issue, for which I apologise to my right hon. Friend the Home Secretary. I was quietly critical of a measure in the primary legislation that created the Mayor’s Office for Policing and Crime in London that introduced an explicit requirement for a scrutiny committee on the London Assembly. I cannot imagine any circumstance in which the London Assembly would not have a scrutiny committee for either its policing function or its fire function. In my mind, the explicit provisions in schedule 2—proposed new sections 327H and 327I of the Greater London Authority Act 1999, if my memory serves me right—are superfluous. I will not die in a ditch over this, because I think that the function is necessary, but I am not sure that an explicit requirement in the Bill is needed. Having worked in the old cluttered universe in both policing and fire in London, and having seen how much clearer the lines of accountability are now that we have a Mayor’s Office for Policing and Crime—the functions have been very ably discharged by my long-standing good friend and colleague, my hon. Friend the Member for North West Hampshire (Kit Malthouse)—I cannot wait until we have an equal amount of clarity in the fire service.

The shadow Home Secretary raised several concerns about whether the Bill would lead to cheap policing by the back door and the convergence of roles. I remind him that the fire department in New York conducts both the fire and emergency response that one would expect from a normal fire brigade and also runs the ambulance service in New York. There is no blurring of roles. The ambulance crews are explicitly ambulance crews and the fire crews are explicitly fire crews. It is only at the top of the organisation, with emergency call handling, mobilising, deployment, finance procurement and so forth, that there is convergence. I hope that such a model will be replicated here.

The Bill represents absolutely the right direction of travel. I have seen how cluttered and ungainly the current system is. It is absolutely right that we move to much clearer, cleaner lines of accountability, and I commend the Bill to the House.