Police Reform and Social Responsibility Bill

Lord Carlile of Berriew Excerpts

Wednesday 29th June 2011 Lords Chamber

Moved by

[Lord Carlile of Berriew]

1: Clause 1, page 1, line 10, at end insert—
“( ) Each police area shall have a directly elected police authority.
( ) Each police authority shall number not less than seven and not more than 11 members.
( ) The number of members of each police authority shall be set by order made by statutory instrument following consultation by the Secretary of State with the authority, each local authority part of which is included in the police area, and the chief constable for the time being; and such consultation shall be completed at least three months prior to the first election of such an authority, and by the beginning of the fourth year following each subsequent election.
( ) Police authorities will be elected in accordance with section 51 of this Act.
( ) The police and crime commissioner will be the person elected by its members to chair the police authority for the time being.”

[Lord Carlile of Berriew]

My Lords, I, too, am grateful to the Minister for the announcement that she has just made. The revelation that Members of your Lordships’ House will be able to stand for election as police commissioners is no doubt fully in the spirit of the previous business before the House, which I noticed was the Wreck Removal Convention Bill.

In moving this amendment, I say to the House, and particularly to my noble friend, that I applaud the Government for insisting on a democratic principle behind accountability for policing. I absolutely believe that it is right that there should be police and crime commissioners; and I absolutely believe that it is right that police and crime commissioners should be elected. However, I think that we can do better than the recipe given in the Bill by the Government: we could have better election, better leadership and better accountability. Therefore, in that spirit, I raise the possibility of considering elected police authorities. I would have moved this amendment on the first day in Committee, but events meant that I was not able to, so I do not feel that I have to apologise for doing so now.

Over the past 15 years or so, barristers who have appeared in cases with me as my juniors will know that I am a strong supporter of the great Surrey philosopher, William of Occam, who lived in the 13th and early 14th centuries. He is, of course, most famous for his Occam’s razor, a famous slogan which is often expressed as,

“Do not multiply entities beyond necessity”,

or as one American presidential candidate put it, “Keep it simple, stupid”. No one wants needlessly bloated legislation or a needlessly boated set of organisations. The real question is which entities are needed and which are not. Occam’s razor never allows us to deny the existence of putative entities; it is often good to have a discussion of a wider range of possibilities in order to resolve that simplicity will work. Occam’s razor teaches us that it is best to refrain from creating complex entities, unless there are compelling reasons for doing so and, if simple entities will do the job, then they should exist. As William of Occam said—if I can be allowed one quotation from his extremely distinguished and interesting oeuvre:

“For nothing ought to be posited without a reason given, unless it is self-evident (literally, known through itself) or known by experience or proved by the authority of Sacred Scripture”.

I see a right reverend Prelate on the Bishops’ Bench and I am sure that he will confirm, if asked, that there is no authority in Sacred Scripture for police and crime commissioners. So here we are looking at the dictates of reason, practicality, accountability and good results.

I think it is understood that some police authorities have done very well and some less well. Some have been faced with extreme difficulties and, in my professional life, I have advised two or three in that situation. Those who listened to the advice resolved their problems rather quickly and easily; those who did not were less good at doing so, but that is the way of the world in the lawyer’s life. There are plenty of examples of others who have not had to take complicated and expensive—well, moderately expensive—legal advice who have done their job very well.

However, the fact that they are not directly elected would lead many members of police authorities, and especially their clerks, their chief executives, who have been a very distinguished group of people, to recognise that they lack one essential quality. The essential quality they lack is not competence, experience or knowledge of the law or of the facts that they have to face. Nor do they lack considerable experience of having to co-operate with chief officers of police. Looking around the House at what I will call the usual suspects who, of course, are not obliged to say anything unless they wish to do so, I say with some diffidence that sometimes the relationship between police authorities and their chief officers has been so outstanding that it has been recognisable in the improved policing of the area. Occasionally, excusing all those at whom I am looking now, it has been rather less successful and has led to what one might politely call dynamic tension between the two. I have to say that in most instances when that has happened, it has been the chief officer of police who has gone before the chairman of the police authority. One might find some evidence there for the success of police authorities.

The present proposals in the Bill for directly elected individual police and crime commissioners create an obvious danger. It would be invidious to cite individual examples; I think sufficient is done by referring to the general point, but there is a real risk of irremovable individual hegemony in which an elected police and crime commissioner finds him or herself at odds with the strong minded male or female chief officer of police for the police area in question. I see that as a recipe for really difficult relationships between the police and those who are in some away accountable for them. My belief is that if we were to have directly elected police authorities, a true illustration of democracy, those problems would be avoided. The suggestion I have put forward in my amendment is that the whole police authority, which is not very large, should be directly elected by the public. This is one of those elections in which I believe the public would take a lively interest. If a group of people—for example, a political party—perfectly legitimately put forward a slate for election to the police authority, the public would know who was likely to lead that group were it to form a majority on the police authority.

In any event, it is likely that there would not be one-party rule on a police authority. Whether there was or was not, the person who became the chair of the police authority would become the police and crime commissioner. He or she would have been directly elected by the public, and would be removable if he or she lost the support of the police authority. Change would be straightforward and, I would submit to your Lordships, it would assist the smooth running of the police service itself in the police area and the accountable governance thereof. I also believe that the election of police authorities would be simpler than what is proposed, would not involve the hybrid organisations that are suggested to lie under the police and crime commissioner and would give a form of accountability recognisable to the public.

--- Later in debate ---

[Baroness Browning]

My Lords, I am grateful to all noble Lords who contributed to this debate. I am particularly grateful to my noble friend Lord Carlile of Berriew, in his second attempt to provide for stronger democratic accountability within all police authorities. His amendments would provide for a police authority based on the current model to be directly elected by the public. Once elected to the authority, its members would be required to elect a chair from among themselves. I am grateful that my noble friend continues to advocate the need for stronger democracy and accountability to be inserted into the current governance regime within England and Wales. I also know that he speaks with significant authority; as we heard, he has advised both police authorities and chief constables.

I have reflected on his remarks in Committee and compared them with the Government’s proposal that the public should be represented by a single directly elected individual. Both models would provide for an election involving the public, unlike the current police commission model put forward in Clause 2 of the revised Bill before us today. The Government and my noble friend are united in our desire to empower the public and to provide for strong accountability for each force area chief constable, with constructive and challenging oversight of the police force.

While the Government's model would provide for a single directly elected PCC who would be a strong voice for the concerns of the communities that they and their local police force serve, my noble friend's model would insert an intermediate stage—namely the election of the police authority—which I would argue distances the public from the ultimate decision-maker.

Crucially for the public and the Government, the PCC must be able to turn the concerns of the general public into action by working constructively with their chief constable to ensure that the police service adapts, responds and deals effectively with the unique challenges that face each police force daily. That process would only be obstructed by the cumbersome decision-making that the committee would interpose as a result of the involvement of a police authority. Although my noble friend’s amendments seek to take a step forward, the effect would be that we retained the status quo when it came to making those crucial decisions. Accountability for those decisions would be removed from a single person and vested in an authority yet again.

A PCC selected from among the members of a police authority would be heavily constrained by the demands and interests of their fellow elected committee members. A PCC elected in that way might be swayed to side with those on the committee who have voted him or her into office, rather than having the interests of the whole force area at the forefront of their decision-making. The PCC will certainly not have the strong personal mandate that would come from direct election as an individual under the Government's model.

I referred in Committee to the Home Secretary budgeting for and negotiating the cost of this model with the Treasury. The Government are committed to ensuring that the cost of establishing a full-time, dedicated PCC within each force area does not exceed the current total cost of police authorities plus the additional cost of electing the PCC. However, to increase the cost of elections to accommodate electing not one individual to office but 17 within 41 forces outside London would be untenable.

In addition, to have to pay for a full-time PCC on top of the costs of maintaining current police authority structures and allowances incurred by the current police authority membership would not be justifiable to the general public. To tweak the current system and elect the entire membership would not solve the problem in hand.

The very reason that we are introducing police and crime commissioners is to inject much needed democratic accountability into policing, with the public having a much greater say in how their streets are policed. It is not our intention to bind the hands of the police and crime commissioner by requiring all decisions to be made through a local committee, whether elected at significant public expense or not.

My noble friend indicated in his closing remarks that he did not expect me to agree to his amendments and I am not going to disappoint him this afternoon. I cannot accept his amendment and I therefore respectfully ask him to withdraw it.

[Lord Carlile of Berriew]

My Lords, I am very grateful for the customarily courteous spirit in which this debate has been conducted. It has been a fine illustration of the law of unintended consequences. Sitting behind my noble friend Lord Howard of Lympne, I watched the noble Baroness, Lady Farrington, casting a halo like a frisbee across the Chamber, and I now see it metaphorically sitting above my noble friend’s pate.

[Baroness Farrington of Ribbleton]

My Lords, for the record, I think the noble Lord, Lord Howard of Lympne, would agree that I never ever attributed sainthood to him; I just admitted that sometimes he was right.

[Lord Carlile of Berriew]

I hope my noble friend will excuse me if I say that he has never been a particularly modest man, so he probably saw it as a little bit of sainthood flying across the Chamber. It takes one to know one.

I thank the Minister for the spirit in which she responded to this debate. The noble Lord, Lord Beecham, suggested that I might have shown three qualities—eloquence, wit and seduction. I will not say which one I failed on this afternoon but plainly it is at least one of them although not, I hope, all three.

As a Liberal—I use that term with a capital L and without any suffixes—I regret that the Labour Party still appears wedded to a form of democracy that I find strange; what I call the democratic principle of appointment. I do not believe there is anything in the argument that people who are directly elected will perform less independently than those who have been appointed. One of the things that elected people experience, as all my noble friends who were Members of another place know, is a great deal of pressure from their electorates. That applies to the Minister, too, who was a distinguished Member of the other place. I am dubious about that argument.

As to the likelihood of electing a mere slate of party hacks, I simply ask the noble Lord—this might not be a commendation but just a fact—to look at Middlesbrough, Hartlepool and Doncaster. He will see that elections are not always as predictable as you think if they involve a specific issue.

I simply and kindly remind my much admired friend the noble Lord, Lord Elystan-Morgan, that in the days when he was a Labour MP for a West Wales seat, the appointment of Labour councillors to police authorities had about as much to do with democracy as the popping of a champagne cork and was seen as something of a scandal from time to time throughout Wales. I therefore do not accept that the tripartite principle of which he spoke has always been an illustration of good practice.

However, I recognise when I have lost a case. I can see that it would be unhelpful to the House to press this amendment to a Division. Some valuable issues have been raised and I beg leave, on that basis, to withdraw my amendment.

Amendment 1 withdrawn.