2014 JHA Opt-out Decision

Debate between Julian Huppert and Steve McCabe

Monday 15th July 2013 Commons Chamber

[Dr Huppert]

If the hon. Gentleman is suggesting that the EAW could spread out to more and more countries, there is something to be said for that. I am not sure that that is entirely the argument he would wish to be making. There are very many countries with which we simply have no extradition relationships; we do not have a treaty, and we have no mechanism for sending people back to them or for getting people back whom we would like to see. That is unacceptable, and we should certainly be focusing on reducing that gap, rather than creating an entirely new one.

We do need a reformed EAW. That has been discussed and I think it is agreed by everybody here. It is not right that Poland summons so many people. I understand that that happens because in Polish law the police do not have the jurisdiction and the freedom to decide that something is too trivial to proceed with, and we should look at safeguards in that regard.

I am also pleased that, as an improvement to the EAW, the Home Secretary has agreed that Britain will sign up to the European supervision order. That will mean that when British citizens are arrested overseas they can be bailed and allowed to await trial at home. Andrew Symeou spent 10 months in pre-trial detention and a further nine months on bail in Greece, only then to be acquitted. That could all have been avoided if he had been able to spend that time on bail back in the UK. Similarly, EU nationals who come to the UK and commit crimes can be bailed back to their home countries, which will free up space in our prisons, as well as being better for those people themselves.

It is right that we work with our European partners. The UK is a leader in the field of crime and policing, and we should also be leading in Europe, not trying to run away from it. The UK Government made security and stability key priorities for their presidency of the EU in 2005, pushing ahead with EU action on counter-terrorism, people trafficking, migration and enhancing EU-wide police co-operation—things this House should support. With cross-border crime becoming ever more sophisticated, when we help Europe, we very much help ourselves. The director of Europol, Rob Wainwright, will continue to do the excellent work he is doing, co-ordinating cross-border investigations and leading teams that pull together the resources and information of multiple member states. The importance of Europol cannot be understated. It has been instrumental in the case of Madeleine McCann and many others, and to lose that expertise would be tragic.

[Steve McCabe]

The hon. Gentleman made reference to Rob Wainwright and not wanting him to have to stand down. During the period when we are not part of Europol, is it reasonable for a police officer from another country to head it up?

Police Reform and Social Responsibility Bill

Debate between Julian Huppert and Steve McCabe

Thursday 31st March 2011 Commons Chamber

[Dr Huppert]

I agree, and I think that my hon. Friend and I share the same objective. We do not want to return to the alcohol disorder zone approach, which clearly did not work and involved having to draw a complex wiggly line that would have exacerbated the problems. That is why I am suggesting ward-sized boundaries, which, while never being perfect, would take us a lot further and allow the various areas of Portsmouth to be separated—I do not know the city as well as she does, and I am sure that she could say which wards were more of an issue than others.

[Steve McCabe]

If we accept that alcohol disorder zones were not a success—perhaps it is right to repeal them at this stage—is it not also fair to say that what we are hearing today are legitimate concerns about the unintended consequences of the new approach? Given the hon. Gentleman’s desire not to have ineffective legislation, does he feel that it would be in the Government’s interests for the Minister to promise an early review of the proposal?

[Dr Huppert]

It is hard to argue that alcohol disorder zones were effective, given that nobody used them, so I hope that the hon. Gentleman was not trying to make that case. I am not calling for an early review, because we have to give things a certain amount of time. I would not necessarily have said, for example, that getting rid of alcohol disorder zones at the beginning of 2007 would have been the right thing to do either. It takes time to realise that something simply has not worked. I am not calling for an early review, but I am sure that the Minister will comment on my suggestion of using ward boundaries. We did not discuss it in detail in Committee, either here or in the other place, but it might provide a way of making the scheme a bit easier for councils to use, because we want to ensure that what the Minister intends is, in fact, what we see in the end.

Police Reform and Social Responsibility Bill

Debate between Julian Huppert and Steve McCabe

Wednesday 30th March 2011 Commons Chamber

[Steve McCabe]

That democratic element cannot be fundamentally unique in relation to setting the precept but absolutely different in relation to any other aspect of the work of the commissioner. It is my contention that the people who support the amendment fear what will happen when the precept has to be ratcheted up to compensate for the cuts. They know that there will be massive electoral consequences and so are seeking to insert a device to denude the commissioner of the one power that they fear more than any other.

[Dr Huppert]

I am not sure that I agree with everything the hon. Gentleman is saying. Does he not agree that the precept is in some sense absolutely key to what is happening, because it sets the total envelope of resource available to a chief constable to do their job? It is one of the most fundamental decisions that could be made by the commissioner.

[Steve McCabe]

If I was to stand as a candidate for police commissioner and was setting out my stall for the kind of police force I would want to see, I would not have to put on my election material the caveat, “By the way, I’ll have no power over the fundamental decision about funding.” With the greatest respect, I think that the hon. Gentleman has missed the point. The Government are trying to have it both ways: they want to create political commissars to run the police, but they also want to retain the power to mitigate the risk that the commissioner might come up with a precept that is unacceptable to the electorate. That is classically what is wrong with the Bill. It is designed to give the commissioner power in the areas that suit the Government, but at the heart of the Conservative party there is a doubt about that. The Government are trying to back the proposal while simultaneously watering down its key element because they fear that the course of action that they have embarked on will have electoral consequences for them.

--- Later in debate ---

[Dr Huppert]

I am still unclear. If the hon. Gentleman does not support the alternative in the new clause, is he saying that he prefers the existing mechanism, which involves the Secretary of State? Which is he arguing for, or is he arguing against both?

[Steve McCabe]

I am saying quite simply that the nature of the existing powers, as I understand them, would give the Secretary of State the right to intervene. If the Government do not have faith in their own system, it seems right that they should have the power to intervene. However, what I do not want is a scheme that says, “We’re in favour of police commissioners, but by the way we’re going to limit their power when it comes to the area where we think there could be electoral disadvantage for us.”

[Dr Huppert]

It is a pleasure, as ever, to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe). We have spent much time together on the Bill Committee, on a previous Bill Committee and in the Home Affairs Select Committee crossing swords on some of these issues. I am encouraged by the new clause in the name of the hon. Member for Rochester and Strood (Mark Reckless), because it would do some useful things for which I argued in Committee. It talks about strengthening the panel. We talked earlier about the Liberal Democrats’ initial manifesto commitment to having a strong panel, and there have been negotiations among the different sides about how to fit the two models together. However, the new clause moves in the direction I tend to prefer, so as ever it is a pleasure to work with him.

The new clause also leans more towards local accountability, which to me is very important. I have always been a localist—not only since the formation of the coalition Government—and I think that this policy should be about local determination. That was what was wrong with capping council taxes. We had councils that could not make sensible decisions owing to capping powers and because the Secretary of State was too remote from what was going on locally. Those councils could not make sensible decisions whether on tiny increases in very low council taxes, because those increases went above a certain percentage, or on moving from a council tax of zero, which was possible in a few rather unusual places, because any increase broke the percentage rule.

What the hon. Member for Birmingham, Selly Oak said was interesting. First, there is the issue of the precept. Why is the precept different from all other areas? We could adjust a whole lot of different premises, but the precept is the key. As I said in my intervention, it is what determines how much money is available to the chief constable. If only one decision could be made by a commissioner each year, the total amount of cash is surely the one for which we would want to provide the most control. It is also the one on which there would not be advice and policy guidance from other bodies on how to operate and what the constraints might be. It is properly a decision to be taken locally.

There are questions about what one does if a commissioner makes a decision that is held to be unreasonable by other people locally. This applies whether to a commissioner or a council leader. Whatever the structure, there will always be situations in which there is disagreement about whether something is being done appropriately. The question is: how do we resolve that disagreement? I was interested in the response that the hon. Gentleman gave to my question. He seemed to be arguing for the Secretary of State to have that power, but that is precisely the opposite of the localist agenda that I would like put in place. The Secretary of State should not be interfering in how the precept is set. They should do their utmost not to have anything to do with it, if possible. They should have a role in setting the framework, but they should not have the power to say, “That is too much. I’m the Secretary of State and I say so.”

[Steve McCabe]

Perhaps I can clarify matters a fraction for the hon. Gentleman. My point is that the police Minister and the Secretary of State inevitably have some responsibilities for the police that go beyond localism, as was discussed extensively in Committee. In fact, if I recall rightly, we discussed what would happen if the budget was set too low and therefore did not enable the police force to fulfil its obligations. The argument that the Minister advanced at the time was that the Secretary of State should have the power to step in. The hon. Gentleman seems to arguing for a pure form of localism that completely ignores that—

[Mr Speaker]

Order. Interventions are becoming increasingly lengthy, and they need to be rather shorter.