Police Reform and Social Responsibility Bill

Debate between Lord Blencathra and Lord Beecham

Monday 6th June 2011 Lords Chamber

[Lord Beecham]

My Lords, I break the habit of a brief parliamentary lifetime by suggesting that the Secretary of State retains the two powers which she proposes to dispense with under Clause 82. This amendment would restore the power of the Secretary of State to issue codes of practice for and to secure reports from police authorities. It seems to me that there ought to be a standard code of practice, not necessarily covering everything, but at least covering the basics in the operation of the police force to provide a degree of uniformity across the country or countries—Wales is, of course, included in the provisions of the Bill—rather than different forces operating significantly differently in the way in which they conduct the crucial area of public policy in crime and community safety. It is perfectly reasonable for the Secretary of State to issue such guidance, obviously after the appropriate consultation.

Similarly, accountability is repeatedly averred to be the core of the Bill. At some level the Secretary of State needs to be informed about what is going on nationally in terms of policing so that, in Parliament, she can answer issues that are her responsibility, particularly when they relate to strategic concerns. My noble friend Lord Rosser will be moving an amendment precisely relating to those strategic priorities. There are national and local priorities and it seems to me axiomatic that the Secretary of State should have the information available in the form of reports which she can digest and which Parliament can also read and discuss. This is another aspect in which transparency and accountability can be reinforced, somewhat paradoxically in this case, by restoring to the Secretary of State powers which, at the moment, she is happy to lose. I hope that the Minister will consider this modest accretion to the functions of central government in the wider interests of accountability and transparency in respect of these matters.

[Lord Blencathra]

We now make rapid progress because my amendment jumps to Clause 80 but it is in this group for discussion. Clause 80 contains the general duty of the Secretary of State and states that it is to be best used,

“to promote the efficiency and effectiveness of the police”.

I take a quite different view. It is not the duty of the Home Secretary to promote the efficiency and effectiveness of the police because this Bill seeks to have elected police and crime commissioners to do that. Even if the first amendment on which we voted were to be accepted in another place and by this House when the Bill returns, and we had the continuation of police authorities, surely it should be their duty to promote the efficiency and effectiveness of the police.

I say to my noble friend that I would not dream of pushing my amendment to a vote because I seek to use perhaps an extreme form of words. I take the totally contrary view, suggesting that it is not the duty of the Home Secretary to promote the efficiency and effectiveness of the police but that she should interfere only to prevent the safety of persons in a police area from being put at risk. I suggest that the Home Secretary should intervene and use her powers generally in the Bill only in those dire circumstances. I accept that that goes to a more extreme position than even I might believe in at times. However, somewhere between that position and the general power which, I suggest, continues in Clause 80, of total interference by the Home Secretary in anything that he or she likes, there may be a balanced, happy medium which would permit an elected police and crime commissioner or a police authority to exercise their proper duty of efficiency and effectiveness.

As soon as I got the Bill, I turned to look at what powers of the Home Secretary would be abolished. I found Clause 82 and thought, “Jolly good. What about the rest?”. Unfortunately, I could not find many other powers of the Home Secretary that were being abolished, and there were still too many powers for the Home Secretary to call for reports from chief constables and elected police and crime commissioners, to call for statistics and to call for this, that and the other. Members of this House who have served in another place will know that if a Member of Parliament asks the Home Secretary for a single statistic about a police force, inevitably it will be replicated for other police force areas. The Home Office will then invent 10 forms so that the Home Secretary is never wrong-sighted, and we will build up a plethora of information gathering that will be excessive and unnecessary. This is not germane to the amendment, but I use it as an example to say that the Home Secretary's powers could be further circumscribed in the Bill without any risk to national policing and the proper co-ordination of policing throughout the country—a role that is better promoted by HMIC than by the Home Secretary.

I conclude by referring to Clause 80, much further down the line, which gives the Home Secretary the power and duty to promote the efficiency and effectiveness of the police overall. If the Home Secretary has and exercises that duty, what is the point of police authorities, and what is the point of the elected crime commissioner? That is what their job was supposed to be. I do not suggest that my amendment is perfect—it is far from that—but it adopts an extreme position in the hope that I can make a point to my noble friend and that, possibly by Report, we may have a slightly different form of words for what the duty of the Home Secretary may or may not be.