Crime and Courts Bill [HL]
Debate between Lord Blair of Boughton and Lord Harris of Haringey(11 years, 12 months ago)
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Lord Blair of Boughton
My Lords, I shall support this amendment simply by reflecting on my own experience. I will be very brief. I served at a senior level, although not as commissioner, in the Metropolitan Police when there was no police authority. I also served when there was a police authority. With respect to the noble Lords who served on that police authority, some of whom are present, I did not always agree with them. However, in terms of strategic principle, to have a senior police officer—as the director-general will be—running a large, complex and controversial law enforcement organisation with no statutory advice from any outside body around him or her is dangerous in the modern age. As the noble Baroness has just said, it is not just dangerous for the director-general; it is dangerous for the Secretary of State.
Let us assume for a moment that the investigation which came to be known as “cash for honours” had occurred at a time when no police authority existed in London. As commissioner, while my service was investigating what had or had not happened inside No. 10 Downing Street—presided over by a Labour Prime Minister—I would have been reporting direct to a Labour Home Secretary, rather than to a more variegated body. The difficulties, temptations, pressures and politics of what that would, or could, have been like are pretty obvious and unpleasant to contemplate. What this amendment is suggesting is not a police authority. I am not at all precious about the detail of some of the appointments laid out in the different clauses; I just believe there is no need to mirror the PCC arrangement so recently announced in this kind of central body.
This amendment is less vital to me than Amendment 14, about counterterrorism functions, to which we will come shortly, but my experience suggests that a board of this sort would be an advantageous addition to the NCA, the director-general and the Secretary of State, and I commend the amendment to the House.
Lord Harris of Haringey
My Lords, I, too, support this amendment. Having been a member of the police authority to which the noble Lord, Lord Blair of Boughton, reported, I confirm that we did not always agree with the views that he put to us or the proposals that he made—but that was a healthy tension; there was a healthy process of governance. When I was chair of that authority, on three separate occasions a proposal was brought to the police authority by the noble Lord, Lord Blair, in his previous incarnation, which was rejected each time, and in the end a modified proposal emerged, which I think was better for London.
That was a relationship of dialogue and openness. What the Government are proposing in the Bill will be very different. There will simply be the director-general, who will report to the Home Secretary, and the Home Secretary will have the powers to set the strategic direction, the general way in which the organisation operates and, of course, have the power to hire and fire. There will be no scrutiny of that, no external validation and no one else sitting round the table—it will be a one-to-one relationship.
One of the fundamental principles of British policing, ever since Sir Robert Peel started the whole process, is that there should not be direct political control of the police service. What we have here is the creation of a potentially incredibly powerful national policing body that will report to a single politician, with no other people sitting around the table when directions and advice are given.
The advantages of my noble friend’s amendment are that it puts a layer between the Home Secretary and the director-general—a governance board—but also that the governance board has several people and interests represented. That does not absolutely prevent political interference because I am sure that the Home Secretary may on occasion phone the director-general and there will be direct dialogue, but it provides a governance structure that is a safeguard against the distortion of operational priorities for political purposes.
The noble Lord, Lord Blair, referred to the difficulties that he might have faced in respect of cash for honours. At the time of that investigation, there was a Labour chair of the police authority—it was not me; that was after my time, although I was still on the police authority—and I know that that Labour chair came under considerable political pressure from Labour Party colleagues about that investigation. Quite properly, he did not intervene on those matters; indeed, he defended the operational decisions of the police. But even had he been minded not to resist that political pressure, he had around him 22 other members of the police authority calling him to account and saying, “Actually, this must be allowed to run its course, right or wrong”. Here, there will just be the Home Secretary relating to the director-general in private, with no one else around the table able to say, “Is this appropriate or not?”.
It is a profoundly dangerous structure. I am sure it is being done for the best of all possible reasons and we will be told how efficient it is. But I have yet to hear anyone say that the SOCA board has been a waste of time, that it has not added value or that it has not improved the governance of the Serious Organised Crime Agency—none of those points has been put.
Instead, we are offered this direct-line relationship between the director-general and the Home Secretary. It is extremely dangerous. Even if the current Home Secretary and her successors have no intention of ever crossing that line and trying to intervene in the operational decision-making of the director-general, they will be open to the allegation that that is precisely what they have done. That weakens the position both of the director-general and of Ministers. For that reason I believe that the Bill’s proposals are profoundly dangerous, and I support my noble friend’s amendments.
Counterterrorism Review
Debate between Lord Blair of Boughton and Lord Harris of Haringey(13 years, 10 months ago)
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