West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024

Lord Bach Excerpts

Wednesday 13th March 2024 Lords Chamber

Moved by

[Lord Bach]

At end to insert “but this House regrets that the draft Order entails the transfer of power being completed without the consent of other relevant local authorities; and notes that the Secondary Legislation Scrutiny Committee concluded that the public consultation required by law was not commenced before an initial decision was made.”

[Lord Bach (Lab)]

My Lords, in short, my amendment is based on two separate but interlocked criticisms of the Government and their conduct. First, I argue that the Government, in their desire to see the current Mayor of the West Midlands add the role of police and crime commissioner to his already extensive portfolio, have deliberately subverted the principle that they themselves put into earlier legislation: that there should be real democratic support before such a fundamental change. In other words, proper consent for such a course was considered essential before such a transfer of power could take place. That has not happened here, as a deliberate part of the Government’s strategy.

Secondly—and here the Home Office is the main culprit—the timing of and background to this statutory instrument have been rightly criticised by the Secondary Legislation Scrutiny Committee. In an extremely critical report, the committee points out what can only be described as incompetence by the department. The headline of a release put out by the committee to accompany its 15th report put it like this: “Elections potentially undermined by poor process, says Lords Committee”. The release said that:

“The Committee expressed concern that both Orders have been laid before Parliament close to the intended date of the next election (2 May 2024), less than the minimum six months in advance that is regarded as good practice”.


These two points combined will, I hope, persuade the House to say that this behaviour all round should be deprecated.

I will give a little more detail. In exactly 50 days, on 2 May, there will definitely be an election for the Mayor of the West Midlands. The present incumbent is a Conservative. On the same day, and with the same electorate, covering exactly the same area of Britain, there may be an election for the stand-alone role of the police and crime commissioner for the West Midlands. The present police and crime commissioner, elected some years ago, is Labour.

I put it like that because, yesterday, the Administrative Court heard a judicial review brought by the police and crime commissioner for the West Midlands against the Home Office. At the end of the day, the judge reserved judgment until 18 or 20 March. I am not going to say any more about that court case, which has nothing to do with us—we are Parliament, and it is the judge who will make up his mind—but that is why the matter is not resolved legally yet, and I am here to argue that what has happened in the past means that we should regret this statutory instrument.

The mayoral election will be on 2 May but the election period, as far as electoral administrators are concerned, runs not from 2 May but from 21 March—literally eight days’ time. I am advised that electoral administrators in the West Midlands just do not know where they stand, and one can imagine their frustration.

It is obviously beyond argument that all this arises from a deal cooked up some time ago between the Government and the mayor. The mayor wants to be the police and crime commissioner and the Government want it too. Up until the Levelling-up and Regeneration Act, he could have had that role if the local authorities that make up the combined authority, and the other local authorities in the West Midlands region, had given their consent. That is what happened in Greater Manchester and West Yorkshire, and that is what is going to happen in South Yorkshire. In these areas the combined authorities were in favour, as in fact were the police and crime commissioners, but that was not so in the West Midlands. The combined local authorities, on every occasion that they have been asked, have been opposed. So the mayor gets the Government to change the law, in a very short clause in a very large Bill—now Section 62 of the levelling-up Act.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords for their contributions. I will do my best to address as many of the points that have been raised as possible.

It is worth recognising the support from the Government and the Opposition in the other place for the policy of enabling more directly elected mayors to exercise PCC functions, as the noble Lord, Lord Ponsonby, just noted. As I outlined in my opening remarks, the exercise of PCC functions by the Mayor of the West Midlands will be a significant step forward to realising the Government’s ambitions, as set out in the levelling up White Paper, for more combined authority mayors to take on PCC functions, as is already the case in Greater Manchester and West Yorkshire, and will be the case in York and North Yorkshire from this May. We have also introduced a draft order to achieve this outcome in South Yorkshire.

It is the Government’s view that bringing public safety functions under the leadership of a combined authority mayor, where it is possible to do so, has the potential to offer wider levers and a more joined-up approach to preventing crime. It places the PCC model and functions at the heart of a wider set of responsibilities for improving public services, exercised by an individual who will be directly answerable to the community that will elect them. It not only preserves the democratic accountability that underpins the PCC model but with an expanded role for the mayor comes a higher public profile, increased visibility and a greater ability to bring about local change.

The fundamental aim of the order is to incorporate the PCC model within the role of the mayor, maintaining the core principles of governance and accountability. The Government want to seize the opportunity to bring together in one elected role the responsibility for public safety and local regeneration for the people of the West Midlands.

In areas where there is a PCC and a mayor, both elected separately by the same constituency, it can confuse democratic mandates and create barriers to joined-up delivery across a range of public services for those communities. The statistics the noble Lord, Lord Scriven, cited do not take into account local circumstances and, therefore, comparisons have limited utility. None of this means that the West Midlands could not still be safer and have less crime under the new proposed system. Incorporating the PCC functions in the office of mayor creates an opportunity to clarify and enhance the mandate of that elected individual to make a greater impact across a range of public services.

As I set out in my introductory speech, the Home Office ran a public consultation on the proposal to transfer the PCC functions. The purpose of the consultation was to provide the Home Secretary with information to help his decision on whether to proceed with the legislation before us now. While the numbers for and against the transfer were taken into account by the Home Secretary, the most helpful aspect of the consultation, for the purposes of making the decision, was the information provided in the responses. The Home Secretary’s decision was informed, but not bound by, the responses to the consultation. In making his decision, the Home Secretary also had regard to information concerning the statutory tests and duties relevant to his decision. Ultimately, the Home Secretary is satisfied that the making of this order meets the statutory tests required of him. I say to the noble and learned Baroness, Lady Butler-Sloss, that this was not a referendum. He took note of all the information and made his decision; the information is not binding.

The Levelling-up and Regeneration Act 2023, specifically Section 62, has come up. That amended the consent requirements for the transfer of PCC functions to existing combined authority mayors and, instead of the previously required consent of the mayor, the constituent authorities and the combined authority, only the consent of the existing mayor is required to make an order enabling the transfer of the functions. This was decided by Parliament.

The Government have been clear that the PCC functions may transfer to a mayor only at the point of a mayoral election; this ensures that mayors are elected on the basis that they will be exercising PCC functions, maintaining the democratic principles of the PCC model. If this legislation is approved by both Houses, both the incumbent mayor and the PCC would complete their existing terms of office, and on 2 May the West Midlands electorate will select a mayor on the basis of them exercising PCC functions, providing them with a democratic mandate. The noble Lord, Lord Hunt of Kings Heath, asserted that Mr Street will be the PCC, and I sincerely hope the noble Lord is right, but he will have to make his case to the electorate and they will determine “who is mates with who”, to quote—I forget who.

It may already be known to this House—I think the noble Lord, Lord Bach, referred to it—that the judicial review launched by the West Midlands Police and Crime Commissioner on the public consultation and subsequent decision to transfer the PCC functions to the mayor was heard by the courts yesterday. Judgment will be reserved until next week, so I cannot prejudice those ongoing proceedings, but the Government strongly defended the claim made by the PCC. We are confident that the public consultation was robust and the Home Secretary’s decision to enable the transfer was lawful.

Regarding the extent to which this transfer upholds democracy, the Government have always been clear that PCC functions can transfer to a mayor only at the point of the mayoral elections, as I have just said. The way this order enables the transfer is no different; the first mayor to exercise the functions will not do so until the May 2024 elections have taken place and they have taken office—I believe on 7 May. The West Midlands electorate still has the ability to decide who they wish to see exercise these PCC functions. The Mayor of the West Midlands will be elected in May on the basis of exercising those.

A number of noble Lords raised concerns that a mayor may—I use the word “may” carefully—appoint a deputy mayor to support them in the exercise of the PCC functions. It was argued that this might be a dilution of the mandate and accountability of the role. At this point, I note that the current PCC has appointed two assistant PCCs. Mayors who exercise PCC functions can appoint a deputy mayor for policing and crime, but this is something that PCCs may also do, as I have just said. The ability to appoint a deputy does not shield mayors from scrutiny at the ballot box; the mayor will be held to account for the performance of a deputy they may appoint to support them. Also, not all PCC functions can be delegated to the deputy PCC; by statute, certain key strategic functions, such as the issuing of the police and crime plan, the appointment and suspension of a chief constable, and calculation of a budget requirement, may exercised only by the mayor themself.

All noble Lords noted the Secondary Legislation Scrutiny Committee report on this order, and the concerns raised in that report. I know the committee has written to the Policing Minister and the Permanent Secretary to express its concerns. I understand that both the Minister and Permanent Secretary have responded to those letters. The committee raised concerns about what it considered to be the “selective reporting” within the Explanatory Memorandum that accompanies this order, and I know that the Policing Minister has responded to address these concerns directly. But I would like to make it clear that the Explanatory Memorandum did not deliberately withhold information in any sort of attempt to selectively report the responses to the consultation and the views of stakeholders. As is best practice, the documents clearly outline the views raised as part of the consultation process, both in support of the transfer and those that raised concerns. The document also signposts readers to the Government’s response to the consultation, which has been published on GOV.UK. It goes into further detail on the concerns raised by respondents to the consultation and the Government’s response to those concerns.

As regards to the timing of the order, raised by the noble Lords, Lord Bach and Lord Sahota, I would like to address those points, particularly in relation to the Gould principle of electoral management, as referred to by the noble Lord, Lord Sahota. Where possible, government aims to ensure that any legislative changes to elections are introduced at least six months in advance of those elections, to give all those involved appropriate notice. In the case of the West Midlands, government was not able to lay the order six months in advance of the May 2024 elections. Every step has been taken to lay as early as possible, and I know officials have been closely engaged with partners in the West Midlands Combined Authority and the office of the PCC throughout the process, to keep them informed as much as possible. I hope noble Lords will support the order, so we can get one step closer to providing clarity to the local area, and enable it to deliver orderly elections in May. As the noble Lord, Lord Bach, noted, as long as that is done by 21 March, all is in order.

A question has been raised about why the Home Secretary took the original decision to proceed with the transfer before the statutory requirements were met. As soon as the Home Secretary became aware of the statutory requirements of the 2023 Act, he launched a public consultation and made it clear that he would retake his decision after he had had due regard to the responses and after he had considered whether the making of the order would meet the statutory tests. The order was therefore not laid before Parliament until the Home Secretary was satisfied that the statutory requirements of the 2023 Act had been met. I hope I have dealt with the key points that have been raised. Again, I thank all those who participated. I beg to move.

[Lord Bach (Lab)]

My Lords, I thank all noble Lords who have taken part in this lively and interesting debate. I am very conscious of the time. I particularly thank the Minister, who had a difficult case to put and did it with politeness and good humour. I also thank Members of the House who have been present, as well as those who have spoken. I will not reply to the comments as I think the case has been made. I wish to test the opinion of the House.

Operation Conifer

Lord Bach Excerpts

Monday 11th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I remind the noble Lord that I have just gone through the various forms of independent scrutiny to which this investigation was subject in some detail, and I shall not refer to it again. As I say, the IOPC and others have looked into this in some detail.

[Lord Bach (Lab)]

My Lords, is the Minister aware that, at the end of his response to the noble Lord, Lord Lexden, he seemed to throw out just a little bit of encouraging information. I welcome that, and hope that the Minister goes back, recognising the very widespread feeling around this House that justice has not been done to the reputation of a Prime Minister who has been unfairly treated, right up to this time. It is important that justice is done soon, rather than the issue hanging on for year after year of non-action.

[Lord Sharpe of Epsom (Con)]

I can only repeat that I have said that I shall ask officials to look into the possibility or viability of this—I cannot possibly prejudge what they may come back to me with, but I shall come back to the House in due course.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Bach Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[Lord Bach (Lab)]

My Lords, along with many other noble Lords, I am, frankly, distressed and shocked to see this proposed legislation in front of the British Parliament. To me, it is hardly credible that a British Government should ask Parliament to pass a Bill that insists on denying established facts, almost certainly breaks international agreements, lowers our reputation in the world sharply, takes away judicial powers and hands them to the Executive, and treats other human beings—including genuine refugees—in an outrageous, cavalier and reckless manner. And all this in some desperate and false attempt to fool the electorate that the Government are serious about immigration.

Yet the Bill is in front of us, and we have been warned—if not threatened by the Prime Minister, at perhaps the most ludicrous press conference ever heard at No. 10—to pass it speedily and without amendment, or else. This was surely the wrong approach and only encourages those of us who believe the Bill to be unconstitutional and not worthy of this country to be more determined.

I want to concentrate briefly on Clause 1(2)(b). I agree exactly with what the noble Lord, Lord Clarke of Nottingham, told the House a few minutes ago. That clause is a bold statement of fact, not of opinion—although there is an attempt at Clause 1(5) to give a ridiculously inadequate definition of a “safe country”. As a statement of fact, it is false. All the best regarded opinion is that Rwanda is, alas, not a safe country. That is what the Supreme Court unanimously found, and anyone who saw yesterday’s Observer newspaper, for example, will know that there is striking evidence that any opposition to the Government there is just not tolerated.

Again by way of example, how does the Minister begin to explain how four Rwandan citizens, all supporting the opposition party, have in the last four months all been given refugee status in this country—one of them, ironically, at the time the Supreme Court was considering the case? Does that not perfectly describe how absurd it is, in the face of so much evidence, to say that our courts and our judges have to assume that Rwanda is a safe country?

Like many others in this House, I was privileged to be at the memorial service last week for our late and much missed colleague Lord Judge. The reading was from Deuteronomy and concerned the obligations on those asked to do justice. One phrase struck me as being really relevant to this Bill. It is the direction given in the Bible—and this is the modern translation—that:

“You must not distort justice”.


If this Bill becomes law, with a plainly false proposition at its heart, how will it be possible not to distort justice? I agree with those who say that this Bill is not worthy of our country, neither its traditions nor its present, and certainly not its future.

Metropolitan Police Reform

Lord Bach Excerpts

Monday 27th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

That is perhaps the case but, of course, we still have to find parliamentary time for these things.

[Lord Bach (Lab)]

My Lords, why do we have to wait for the Criminal Justice Bill before the statutory instruments can be produced in this particular case? Could we not move to a statutory instrument straightaway so that this long delay, which seems to be all-pervasive here, can at least be shortened to an extent?

[Lord Sharpe of Epsom (Con)]

I would very much like to see it shortened. I do not know the answer to that but I will come back.

Sir Edward Heath: Operation Conifer

Lord Bach Excerpts

Tuesday 24th October 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord is quite right that these new laws have come into force in Northern Ireland, but the authorised professional practice guidance on media relations, issued by the College of Policing, already makes clear that the police

“will not name those arrested or suspected of a crime, other than in exceptional circumstances where there is a legitimate policing purpose to do so”.

In May 2018, the college updated this guidance to make it clear that it applies where allegations are “made against deceased persons”.

[Lord Bach (Lab)]

My Lords, is the Minister aware that many of us from all parts of this House believe it is vital that there is an independent review of the shockingly unresolved allegations against Sir Edward Heath? Is he further aware that one of the reasons for a review is that it is hard to feel complete confidence in the 2017 official review, including a senior investigating officer from Operation Hydrant, since Veale’s decisions were examined by police officers who perhaps lacked sufficient independence from him?

[Lord Sharpe of Epsom (Con)]

I say to the noble Lord that I am of course aware of this. There were three main forms of scrutiny during the investigation. There was an independent scrutiny panel to ensure proportionality; the role of the panel members was to check and test the decision-making and approach in the investigation. At the end of the investigation the panel issued a statement. The noble Lord referred to Operation Hydrant. In September 2016 and May 2017, there were two reviews which concluded that the investigation was proportionate, legitimate and in accordance with national guidance. Finally, there was a review in January 2017 by HM Inspectorate of Constabulary, as it then was, of whether the resources assigned to the investigation by the Home Office were being deployed in accordance with value for money principles. The review concluded that they were.

Illegal Migration Bill

Lord Bach Excerpts

Committee stage
Monday 12th June 2023 Lords Chamber

I finish by saying that almost half of main asylum applicants in England and Wales who claimed asylum in the year to June 2022 did not have a legal aid representative. Without a clear duty being placed on the Lord Chancellor and the Government to guarantee legal aid for those subject to the Bill’s provisions, the Bill will drastically worsen this situation. In his reply, will the Minister address this point? A lack of adequate legal aid and representation is not actually a good thing. It clogs up the system and has no doubt contributed to the asylum backlog of 160,000, which the Government claim they are somehow going to magically wish away with the Bill. They will not but availability of legal aid and good representation would help them, if they could only see it. I beg to move.

[Lord Bach (Lab)]

My Lords, I am proud to have signed Amendment 120 in the name of the noble Baroness, Lady Ludford. I will address my own Amendment 120A, as well as the Clause 4 stand part notice, which is part of this group.

There are many who believe this Bill to be the worst introduced by His Majesty’s Government, formerly Her Majesty’s Government, since they came to power 13 years ago. I agree, although, in my view, the Legal Aid, Sentencing and Punishment of Offenders Act—LASPO, as mentioned by the noble Baroness—which achieved its 10th anniversary on 1 April, comes a close second. That Act, as the Committee knows, took away ordinary people’s ability to access justice in the whole field of social welfare law and offended against fundamental rule of law principles. One of the few areas that retained legal aid in scope was asylum and, to an extent, immigration—even though that has been whittled down over the last 10 years, with dire consequences for the provision of advice and lawyers dealing with asylum cases.

Clause 54, introduced on Report in another place, allows for legal aid to be given to asylum seekers in respect of the Bill; in other words, it brings it within scope. No doubt His Majesty’s Government will claim that this is the act of a principled and caring Government, even though it should be noted, as the noble Baroness, Lady Ludford, just mentioned, that, as drafted, it ensures the provision of civil legal aid services to P only on receipt of a removal notice. It does not confirm or secure access to free legal aid in relation to an asylum or HR claim.

More important than that, however, is the dangerous lacuna in Clause 54. There is an overwhelming danger—almost a certainty, I argue—that the right to legal advice and legal aid will cover up the reality of its actual provision. This is the reason for my amendment. Thanks to the organisation BID, my amendment would impose a duty on the Lord Chancellor to secure civil legal aid services within 48 hours of detention. Without the amendment, there is very little chance that those detained will receive the advice that the law says they are entitled to.

Why do I say this? Here, I am grateful to Jo Wilding. Figures published following a freedom of information request by the Ministry of Justice suggest that in 2021, there was a gap of at least 6,000 people between the number of new asylum applications and the number of new immigration and asylum matters that were actually opened, and for which legal aid was given.

Illegal Migration Bill

Lord Bach Excerpts

Committee stage
Monday 5th June 2023 Lords Chamber

From application, the date when the piece of paper reaches the court office, to final decision—that is not the final hearing but the final decision given by the judge, and hard-pressed judges often take a little time to produce their decisions and their judgments—takes an average of 193 days: that is not very much over six months. Compare that with the 10 years of the woman I referred to, or the five years of waiting by the young man I referred to, who would have been sent back to a country where he quite likely would have been killed as a political dissident if he had not been able to take advantage of judicial review. Do we really want to be the country that does that to people when the evidence against using judicial review is so weak?

[Lord Bach (Lab)]

My Lords, we have heard some very good speeches on this group already. I want to revert to the speech of my noble friend Lord Hunt of Kings Heath and the points he made about trafficking and slavery. I have to say that the last speech and the speech of the noble Lord, Lord Anderson, impressed me immensely. I was on the same review of the Bar Council earlier this morning and I can confirm, for what it is worth, exactly what the noble Lord, Lord Anderson, said about the dangers of ouster in the Bill. I am not going to speak about that.

I should say that I have not spoken on the Bill before: I was down to speak at Second Reading but I decided that 84 or 85 speakers was probably just about enough. My view, I am afraid to tell the Minister, like those of so many who are taking part in this Committee, is that it is an absolutely disgraceful Bill and I cannot believe that any British Government of any complexion are bringing it forward.

I put my name down in support of my noble friend Lord Hunt’s amendment. I have little to add to his speech except that it appears to me that it is an area where the Government can and should give ground pretty easily. It is surely beyond ridiculous that important legislation brought in with practically universal support as recently as 2015 should be undermined so fundamentally by a Government of the same party; so much so that, as has been mentioned, the Prime Minister at the time, responsible in many ways for the bringing in of the Act, has expressed her opinion in another place that the Bill’s provisions

“will drive a coach and horses through the Modern Slavery Act”.—[Official Report, Commons, 28/3/23; col. 886.]

I was a police and crime commissioner at the time the Act was effectively coming into force—I started a year after 2015—and police support for the assistance that the Act gave in this very difficult area of law, particularly difficult in prosecuting and convicting very clever and very bad criminals, was absolutely evident. The police, certainly where I was and I suspect more widely, were pleased with the Act. They knew it meant harder work, but the chance of actually locking up dangerous men—and women, no doubt—was added to appreciably. Enthusiastic and positive meetings and arrangements were held and, while it is never going to be easy to catch the wicked criminals behind trafficking, little did any of us involved in those discussions think that, only a few years later, the difficult task facing the police and others in arresting, prosecuting and convicting these villains would be made more difficult—I would say much more difficult—by proposed government legislation.

Make no mistake—this is my final point—that the Government will not easily be forgiven, it seems to me, by a very large portion of society if the improvements so recently given are effectively removed, with the result that fewer victims are helped and fewer criminals are punished.

[Lord Alton of Liverpool (CB)]

My Lords, the noble Lord, Lord Bach, referred to the effects on the modern slavery legislation. In a sense, just as the noble Lord, Lord Carlile, talked about this being an ouster of judicial review, so, in some respects, it is an ouster of the Modern Slavery Act 2018 as well. Why is this necessary? The Home Secretary says that the system is being abused, to justify removal of the protections for victims of trafficking and modern slavery. In response to that, both Sir Iain Duncan Smith MP, former leader of the Conservative Party, and Theresa May, former Prime Minister, have said in terms that there is no evidence to justify that claim. That is why it is right that the noble Lord, Lord Hunt of Kings Heath, has moved this amendment. He made a terrific speech and I fully endorse and support everything he said.

The amendment seeks to amend the Bill so that potential and recognised victims of trafficking will not be detained or removed before they get the opportunity to submit an application to the national referral mechanism and have it considered. I ask the Minister for one potential exception: if he cannot accept the amendment that has been moved by the noble Lord then, reverting to the previous group of amendments, what about the situation of children in those circumstances? Are they going to be included in a catch-all, or will the Minister accept that there should at least be an exemption for them?

My noble friend Lord Anderson talked about the anticipated report of the Joint Committee on Human Rights. I do not think he will have long to wait for that, but what are already available are the statements given to that committee in public evidence sessions. I was very struck by one, and there is an echo here of something that my noble friend Lord Carlile referred to earlier, which is the personal effects on individuals. We heard in camera from a young woman who had been trafficked into this country and used by a family from the Middle East literally as a modern-day slave. She escaped and managed, dressed just in nightclothes, to find her way to central London where, in Piccadilly Circus, she was helped by a volunteer who introduced her to other members of the Filipino community. I am happy to say that she has been able to make a life for herself as a result of a referral to the national referral mechanism. Take that away from people and what opportunity will they have to make good lives for themselves or to have any kind of safety? At least let us have a disapplication for children and give them the opportunity to be referred through the national referral mechanism.

Finally, since I said I would try to be brief and concise, I would be interested to hear whether the Minister has had a careful look at the Council of Europe Convention on Action against Trafficking and the obligations we are signed up to. Does he recognise the view that has been expressed by many who know far more about this than I do that we will be in breach of ECAT if this goes through in its present form, and also that we are likely to be in breach of Article 4 of the ECHR in its prohibition on slavery? Are those questions that the Minister and his officials are looking at seriously? Have they attached sufficient weight to them? What is his view about the exemption of children?

Former Chief Constables: Gross Misconduct

Lord Bach Excerpts

Monday 22nd May 2023 Lords Chamber

[Lord Bach (Lab)]

My Lords, I thank the Minister for the meeting he arranged, but will he please guarantee that the Home Office will never again stand idly by in a situation where a police and crime commissioner, in this case Leicestershire’s, employs as it chief adviser, and then as its chief executive, a twice-disgraced ex-chief constable facing an allegation of gross misconduct—all with substantial public money? Do the Government understand how offensive this is, both to the police force in question and to the general public?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a very good point. As he knows, in the case he describes, the usual and correct procedure was not followed in that county. I am very pleased it has finally been followed, so I agree with him.

Police and Crime Commissioners

Lord Bach Excerpts

Monday 20th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I refer my noble friend to an answer I gave in Grand Committee on 23 February, when I said that

“the Cleveland PCC has no power over the legally qualified chair”—

except inasmuch as he appoints him or her—

“who must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider that it is in the interests of justice to do so.”—[Official Report, 23/2/23; col. GC 494.]

That is the case here and, as I have said many times from the Dispatch Box, I am afraid I really cannot go beyond that.

[Lord Bach (Lab)]

My Lords, following on from the noble Lord’s Question, are the Government aware that the office of the Cleveland police and crime commissioner has delayed answering a series of relevant freedom of information questions on two separate occasions, claiming that it needs more time? Last Friday, on the last possible date allowed by the law, it refused point-blank to answer any of them. Does this course of action sound like it comes from an open, public-facing organisation or one perhaps covering its tracks?

[Lord Sharpe of Epsom (Con)]

My Lords, I am not familiar with the FoI requests that were put in, so I cannot really speak to them. I was very pleased to see that Cleveland’s most recent PEEL report, which was also published on Friday 17 March, indicates that very good progress has been made under the leadership of the chief constable, Mark Webster. The noble Lord will also be aware that the PCC, Steve Turner, attends the PPOGs. I commend them both on doing a decent job.

Police and Crime Panels

Lord Bach Excerpts

Thursday 23rd February 2023 Grand Committee

Asked by

[Lord Bach]

To ask His Majesty’s Government what plans they have to change the (1) structure, (2) purpose, and (3) powers, of Police and Crime Panels.

[Lord Bach (Lab)]

My Lords, I begin by thanking other speakers in this short debate. I also thank the House of Lords Library for its useful and well-written background paper and for its extra help to me with the regulations since 2011.

I should remind the Committee that I was the elected police and crime commissioner for Leicester, Leicestershire and Rutland between 2016 and 2021, the only Member of your Lordships’ House so far to serve in that capacity. Whether I am gamekeeper turned poacher or vice versa I shall leave to noble Lords to decide.

No one can have been present in the Chamber during the past few months who does not understand that there is genuine concern about the accountability of police and crime commissioners in general. Of course, they face the ultimate accountability, which is to go before the electorate every four years—actually, five between 2016 and 2021 because of Covid and three between 2021 and 2024. However, given the continuous lack of public knowledge—or is it interest?—about police and crime commissioners, in spite of increasing turnouts in each of the three elections so far, is that sufficient accountability?

The Government have turned down the notion of recall, although it exists of course for Members of Parliament. I can see why. Small turnouts at elections do not bode well for interest in any recall petition.

The other means of scrutiny, and a very important one, is police and crime panels, which were set up by the Police Reform and Social Responsibility Act 2011 and exist in all police force areas except the Met. Their structure, purpose and powers are set out in some detail in Sections 28 to 30 of the Act, and particularly in Schedule 6. There have also been statutory instruments since. His Majesty’s Government have recently reviewed the role of police and crime panels and say that any necessary legislation will have to await parliamentary time.

In general, the Home Office review has given police and crime panels a clean bill of health. This debate gives the Minister an opportunity to set out what happens next and perhaps when. Speaking from my own experience in Leicestershire, there were 15 members of the panel, which is a typical number: a chair, effectively chosen by the county council, and 12 members from the other local authorities—two from unitary authorities, four from Leicester City Council, one from Rutland County Council, and one each from the remaining six districts. Very importantly, there were two independent members, making 15 members in all. Of those with political affiliations, eight and then seven were Conservatives, four were Labour, and one then two were Liberal Democrats. I cannot say hand on heart that I looked forward with pleasure to panel meetings—that would be rather spoiling the purpose of the exercise—and I suspect that every police and crime commissioner feels now as I used to. I have to say, however, that I was treated at all times with critical respect by the chair, who was of a different political persuasion from me, and the panel. In my view, they fulfilled their statutory functions under Section 28(2) of the Act—namely,

“supporting the effective exercise of the functions of the police and crime commissioner for that police area”.

My officials and I were tested and questioned on many issues. Although I was always relieved at the end, I really could not complain.

With some reluctance, I have to say that in my personal opinion the system has not worked so well with my successor, certainly until recently. There may be many reasons for this, but one that I believe has been influential is that the new chair of the panel, a very senior and distinguished councillor in her own right, seems on occasions to have gone too far in protecting my successor from the legitimate questions and comments of the panel. Of course, I realise that this is a difficult area of judgment. It is as important not to let the police and crime commissioner be unfairly treated as it is to allow him or her to be challenged. In my view the balance has been wrong, sometimes markedly so.

I am happy to say that very recently the chair has acted, in my view, correctly and with considerable strength in insisting that the latest interim chief executive—there were six in 19 months, there is now a seventh, and there will perhaps soon be an eighth—be brought before the panel, as the Act insists that it should be, a request that the police and crime commissioner declined. She was right to do so, and I commend her on it. She will no doubt insist that both the new interim chief executive and the interim chief financial officer, who has been in place for 15 months, are brought before the panel urgently.

What changes do the Government intend to make to the structure, purpose and powers of police and crime panels? Before I finish what I have to say, I will suggest three areas in which reform is perhaps called for.

First, it would be a sensible move to ensure that the chair of the panel, a very significant and powerful role, should never be from the same political party as the police and crime commissioner. If one party dominates the panel because of control of local authorities in the area, one of the independent members should have that role. I dare say that this proposal may well be unpopular with members of all political parties, including my own, but I believe it a practical and proper step to ensure the balance that is so vital. The Minister answered my Oral Question on this matter on 31 October last year by saying that he would happily take it back as part of the ongoing assessment. It is now four months later and I ask him for His Majesty’s Government’s response.

Secondly, and this fits in with the Government’s own view, there needs to be more emphasis on the importance of the role of the independent members, involving training, their role on the panel and their selection. Panels should not be political bunfights—it is too important for that—and powerful independents can help to prevent that.

Thirdly and finally is the vexed issue of complaints/allegations concerning police and crime commissioners. Under Section 30 of the Act, a panel can suspend—must suspend, really—a police and crime commissioner if they face a serious criminal charge with a maximum of more than two years’ imprisonment. But under Schedule 7, other complaints should allow panels

“to engage in informal resolution of such complaints.”

An important statutory instrument of 2012, the next year, deals in some detail with complaints. For me, and I think for a lot of panels too, the overall effect is too vague and unsatisfactory given that the Home Office certainly will not get involved in any dispute of this kind.

What if—this is entirely hypothetical—there are many complaints about a police and crime commissioner that do not allege criminal activity but are important and widespread? What is the panel’s role? Should its process be increased beyond informal resolution? If so, to what extent? Do the present regulations and the Act work in practice? After all, that is what matters. Have the Government considered this issue in enough detail? I ask the Minister to ask what their conclusions are. It seems to me that this is an important, living issue that could touch on any police and crime panel and on which they would welcome an answer.