Policing

Lord Brett Excerpts

Monday 26th July 2010 Lords Chamber

[Lord Brett]

My Lords, I thank the noble Baroness for repeating the Statement made by the Home Secretary in another place and for her letter notifying me of the review and inviting views.

Passing over the pejorative paragraph, repeated by the Government ad nauseam, about public finances, I am struck by the rhetorical style of the Statement, with phrases such as,

“power back to the people”.

I know that the Minister bears no resemblance to Wolfie Smith, but the Home Secretary’s call sounds to me more like that of the Tooting Popular Front than of responsible government. I refer particularly to the proposal to legislate to remove police authorities in favour of elected police commissioners with wide powers. This is done in the name of accountability. It is backed up by the police being required to publish local crime figures and data, and the mandating of meetings so that people can meet, and challenge the performance of, their neighbourhood policing teams. Is that revolutionary action? Well, not quite.

The Minister tells us that the Government have scrapped the policing pledge. I am sure that that was said in the other place with a flourish. Let us examine what has been scrapped. Let us look at policing pledge number 9, which states:

“We will arrange regular public meetings to agree your priorities at least once a month, giving you a chance to meet your local team with other members of your community. These will include opportunities such as surgeries, street briefings and mobile police station visits which will be arranged to meet local needs and requirements. We will provide monthly updates on progress and on local crime and policing issues. This will include the provision of crime maps, information on specific crimes and what happened to those brought to justice, details of what action we and our partners are taking to make your neighbourhood safer and information on how your force is performing”.

The pledge now contains an update on progress and meetings with local representatives. Therefore, what the Statement promises is already in place in the policing pledge, which the Home Secretary has chosen to scrap.

I turn to elected police commissioners, which the Statement says is about accountability to the public. Let us see how it impacts on the public. What is the current level of accountability? I commend to all Members of your Lordships' House an excellent debate last Thursday on policing and crime rates proposed by my noble friend Lord Mackenzie of Framwellgate. He made clear all the areas of accountability that the police already have. Consultation on local policing, as set out in the policing pledge, is now apparently to be reinstated.

The issue is therefore one of scrapping the police authorities, which are currently made up of elected council members from all the major parties, independent councillors and independent appointed members. Their role is to be invested in a police commissioner, who, unless he or she has a wide-reaching consultative body of some kind, will inevitably narrow the consideration of public accountability that now exists in law enforcement and local government.

A number of people have voiced to me their fears of political interference and the potential for cronyism and corruption among elected police commissioners. Why should that be? In an elected police authority, which comprises members of different political parties, people will express different views about policing. They will be tackling the same issues. There is no evidence that that has led to anything other than consensus policing, which has assisted chief constables in meeting their operational requirements while enforcing the accountability that we want. No one in the police service, in police authorities or in local authorities has any great confidence in this proposal.

If the overwhelming response to the consultation on elected police commissioners is negative, as it was when a similar question was asked in a survey in 2004, will the Minister abandon the proposal? The Local Government Association says that elected police commissioners will cost £50 million. What is the Minister’s estimate of the cost? Will not the abolition of the police authorities remove a reservoir of knowledge and experience that no single individual can replace?

If I were to stand for police commissioner for Cumbria, in whatever competition there was—and I buy completely the idea that there should be no interference in the policing part of the role of the chief constable—I would get elected by making promises. That is how people get elected. Those promises might include a rebalance between rural and urban policing in Cumbria. The chief constable is very clear that with the reduced resources he is likely to have, the way to do it is the way he is doing it, so I have a problem at re-election of presenting how I delivered my promises. That at least has major potential for political interference. If I do not interfere, how do I deliver the promises on which I have been elected against whatever party or non-party opposition that has stood in the same competition?

On the SOCA proposal, the coalition agreement talks of refocusing SOCA, not eliminating it. Is this a coalition U-turn? A press briefing over the weekend talked of creating a British FBI. Is this the Government’s intention? This has been denied in the past and there have been very clear views from senior police that that is not what is required. A good friend of mine with the metropolitan police in Washington DC said to me in the late 1980s that FBI stood for “famous but incompetent”. When I questioned that, he said that he was referring not to the ability of FBI agents but to everything from what you might call turf wars to the unwillingness of certain parts of local law enforcement and the agency to accept the authority of the other. There are major problems attached to this, and I would be very interested to hear more on that subject.

We also hear that there is to be an enhanced border police force. Is this to replace the UKBA? Is this going to impact on numbers? It is very odd because in the debate last Thursday, and indeed in every previous attempt by this side in both this House and the other place, we have tried to persuade Ministers to admit simply that with the kind of cuts that they are contemplating, there will be fewer police on the beat and fewer resources available to maintain the present successful battle against crime. When I say “successful”, I agree with the noble Baroness that it can always be improved, but it is not a damaged record. It is the best record for 30 years, the level of confidence among the public is the best in 30 years, and there is the least lack of confidence in the ability to deal with social issues and anti-social behaviour. It is therefore a rhetorical, Wolfie Smith-type Statement, and it would be better if we dealt with it in a much more serious manner.

We are making major moves ahead of the review that we are told will take place in October, so I ask yet again: is that going to reduce the number of front-line police officers or not?

[Baroness Neville-Jones]

My Lords, 68 per cent of the public in recent surveys support the idea of having elected commissioners, and I hear what the noble Lord says about the way in which the police authorities have performed. I do not think that the Government are suggesting that the police authorities have done a sustainedly bad job, but they are invisible to the local population. One of the main objects of this exercise is to reconnect the police force of the locality with the people of the locality, and we believe that the way to do that is to have an official who has to account to the people. We are trying to get away from the police accounting bureaucratically upwards instead of being the servants of their local populations. With all the measures that we are trying to put in place, including the beat meetings and the crime and policing panels, it is not true to say that there will be no checks and balances in the system. The police commissioner will himself be answerable to these panels. They have the right to challenge his decisions. They cannot override them, but they can certainly conduct dialogue in the name of the local people, so you will have local discussion. There is probably a philosophical difference between my party and the other side of the House on the need to reconnect authority over the police to the local community.

[Lord Brett]

The noble Baroness makes a great play of the lack of connection. We have had elected and appointed members on police authorities for a number of years. Does she have information on a failure of people coming forward to be independent members of police authorities? I happen to know that in Cumbria there were 100 applicants last time for what I think were two or three posts. Is there evidence to sustain the argument that there is a disconnect, other than in surveys?

[Baroness Neville-Jones]

Only 8 per cent of wards have a councillor on their local police authority. It seems to me that there is a much more slender connection between local accountability and the people than is suggested by that kind of assertion. Police commissioners are much more directly responsible and accountable to the locals than a police authority, which has relatively few councillors among its number, with an election behind them.

The noble Lord made a number of other points. The general proposition that we are putting forward here is that accountability is not to and for government but towards local communities. As the Home Affairs Committee said in its report during the last Parliament, the previous Government succeeded in micromanaging too much local policing while neglecting some of the national issues.

On the national side, the noble Lord asked a number of questions about the nature of the National Crime Agency. The agency will be a much more powerful body than we have at the moment. It will be at the centre and will take issues of national importance. It will perform in two areas. One is serious organised crime. It will build on what SOCA has done and achieved and will retain SOCA’s facilities, including its intelligence-gathering capability.

At the same time, the agency will also have control over the border police force and will direct a chief constable directed at that. The border police force will sit alongside the UKBA, which will not be incorporated into it. We have decided that for a number of reasons, including the need for economy. Also, with the Olympics in sight, it is not sensible to have vast structural change at this juncture. It therefore seems more sensible to us to have, overarching the agency, a strategy to which the agency will work. The agency will then be responsible for the part of the strategy over which it has control: serious organised crime and border policing. The UKBA will, however, be tied into that overarching strategy as well. We will therefore have a single strategy for border control, part of which will lie with the National Crime Agency—that is to say, SOCA and the functions that it performs, plus the functions that will be created for the border police command. The UKBA will work alongside the border command within the framework of that overriding and overarching strategy. The object of that exercise is to create more coherent control of the borders without resorting to excessive expense in an era in which that is not going to be possible.

I am sure that the noble Lord asked me some other questions, which I would be happy to answer; I am looking at my notes.

The noble Lord asked if it was going to be a British FBI. No, it is not going to be a British FBI. We want to try to ensure that the National Crime Agency has broader powers, but it will not have a FBI-style role. All the powers it exercises will in the end also link back to the constabularies. Part of the role of the National Crime Agency will also be to link into the constabularies when it comes to, say, level 2 crime. So it will not be divorced from the role of the 43 police forces round the country, but it will give a strategic override to that function.

[Lord Brett]

My Lords, I have one question—

[Lord Wallace of Saltaire]

Order.