Counter-Terrorism and Security Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 28th January 2015 Lords Chamber

[Baroness Hamwee]

My Lords, the world of local government, in its kaleidoscopic way, is changing at the moment with new groupings of authorities, such as the Association of Greater Manchester Authorities. Although the duty is expressed as a duty on each individual authority, will the Government be open to authorities seeking to find ways for neighbours to provide services to fulfil the duty? This has only just occurred to me, but it seems that one should be open to practical ways of dealing with this sort of thing.

Separately, I ask whether my noble friend is able to address my points about the contracting-out of services, which I raised in the first group of amendments. I do not know whether he has any notes on that. It is mentioned in Amendment 106 in the Minister’s name, which caused me to go on a hunt for Schedule 36A to the Education Act. That is only about education and there are many other services which are contracted out. I asked London Councils whether I was barking up the wrong tree in worrying about this. Its answer was that I was not and that this is something worth pursuing.

[Lord Harris of Haringey]

My Lords, I suspect that my noble friend’s amendment highlights the fact that this is a list which has been cobbled together with some speed and that perhaps, in trying to ensure that all the bases were covered, the normal diligence of the Home Office has fallen apart. As to the specific point about unitary authorities, my noble friend Lord Rosser suggested that perhaps a county council could act on behalf of a unitary authority. The very point about unitary authorities is that you cannot do that. That would raise some very interesting and wide issues so I assume that that is a simple omission. Regarding the list on criminal justice, while I assume that the duty is placed on the individual institutions, there is nothing said more generally about the role of headquarters bodies or contracting bodies like the National Offender Management Service.

There are a couple of other possible anomalies that the Minister might want to address. I note that community health councils, which still exist in Wales although they have been long abolished in England, are listed, but that the successor of the successor of the successor bodies for community health councils in England, Healthwatch organisations, are not included. Will community health councils in Wales have a Prevent duty that does not apply to the bodies which now fulfil many of those functions in England? Finally, I do not see the Ministry of Defence Police in the list of police organisations.

--- Later in debate ---

[Lord Harris of Haringey]

Before the noble Baroness, Lady Hamwee, makes that decision, I revert to the question of what it is that is being required and one of the reasons why that might imply that it is better to have more consultation about it. One of the reasons why some of the previous Prevent programmes failed, and fell into disrepute with the communities concerned, was that they were not seen as about preventing people from going down the road to become dangerous, violent extremists. Rather, they were seen as being programmes that put a series of spies in the camp and were about reporting individuals to the authorities for action to be taken against them. Speaking personally, I am all for mechanisms that identify people who are a danger to the rest of us and make sure that appropriate steps are taken, but this was perceived as being the authorities intervening and getting the data. We are going to come to this subject in a minute, but when I questioned the Channel panels as to why the intelligence services were not specifically listed as an agency involved in that, the argument given at that stage was that it was because it would make it look as if the Channel panel process was part of a process of ratting on individuals to the authorities.

It is important to get this guidance in a form where the communities understand that it is not about pointing the finger at individuals in a way that might lead them into trouble with the authorities, but is a way of supporting individuals and preventing them going down that road. That is why this distinction of whether this is about “prevent” or “pursue” is so important, as is getting public and community buy-in to the way in which this is enforced.

[Baroness Hamwee]

My Lords, my noble friend might not be too pleased to know that I was scribbling quite a lot during his reply, but he will be pleased to know that I can hardly read what I have written. However, I am sure that this is something that we are going to want to come back to next week. It strikes me that a lot of this debate has been on the premise of what the situation is here and now. Even with the reassurance that my noble friend Lord Carlile is so heavily involved in this, I do not suppose that he is going to want that to be for ever and a day. There might come a time when he finds other things that he will apply his energy to.

Leaving that aside, I made the point earlier that what we are talking about here is not only the guidance that we will see fairly shortly. The noble Baroness said that we will not see it until after Committee; in fact we will not see it until after the end of the Bill or even, as far as I understand it, until after enactment. There is also the question of revisions to the guidance, which is surely going to have to be changed; it is very unlikely to be exactly what is required in its first incarnation. It is the sort of guidance that needs time for individual organisations to have their own internal discussions and for umbrella organisations to trickle down the consultation—

Counter-Terrorism and Security Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Tuesday 20th January 2015 Lords Chamber

[Baroness Hamwee]

My Lords, with no such authority —neither mine nor anyone else’s—I wrote, against Amendment 8, “If it is reliable intelligence is it not already covered?”. Intelligence may be less than reasonable; evidence may be more than is reasonable. I am not clear what standard would be required by the provision as amended. The noble and learned Lord has made my point much more clearly and authoritatively.

I have a number of amendments in this group. Amendments 10, 12, 13 and 21 all provide for the giving of reasons for the suspicion and for allowing the person the opportunity to make representations at the different stages of the process. I hope that both those items are self-explanatory: there should be an explanation, at the very start and at each stage, and the person concerned should be able to make representations—make representations is about the right level; I am not quite saying make a case—and to state their position.

Amendments 17, 18 and 19—

[Lord Harris of Haringey]

Before the noble Baroness moves on, she said that she felt the arguments to be self-explanatory. Perhaps, for the assistance of the Committee, she could talk a little about what she means by the reasons. If you present an individual with the reasons, are you in fact asking that all the material that has led to that reasonable view being taken be presented? That could require the provision of intelligence material, which could have an implication for government. It would be helpful, therefore, to understand what the noble Baroness thinks would be sufficient to meet the requirement to provide reasons.

--- Later in debate ---

[Baroness Hamwee]

My Lords, I had intended to say a word about Amendment 11. Given that this is Committee, I may do so. I am sympathetic to the questions that the noble Lord has asked, although—as I suspect he may agree—12 hours is too long. However, the point that has been exercising me is whether it is a good idea to have a maximum period, or whether that might become the standard and efforts to deal with the matter as soon as possible will not be made. Perhaps the individuals will think, “I’ve got so long to deal with it and will therefore take that long”.

[Lord Harris of Haringey]

My Lords, I wish to comment on Amendments 42 and 43 in this group. I have to say that the grouping is slightly odd because it relates to a whole range of different issues. I assume that the purpose of the amendments of the noble Baroness, Lady Hamwee, is to ensure, first, that the way in which the action of removing someone’s passport is carried out is mindful of equalities issues and the background of the people concerned; and, secondly, that a proper record is kept of what is done, so that any subsequent look at how the powers had been applied can show that they had been applied proportionately. I have no objection to that; indeed, it goes to the essence of the point about this power and the subsequent powers—the extent to which they will be exercised in such a way as to achieve their purpose but avoid a situation in which they alienate a particular community by reinforcing the narrative that suggests that that community is being oppressed or whatever.

In that context, it would be helpful if the Minister could indicate how frequently it is anticipated that these powers will be used? Are we talking about six, 600, 6,000 or 60,000 times a year? It makes a significant difference because if every time people from a particular community try to leave the country they have to go through these procedures—and these documents are held for a period, whether for six, 12 or even two hours—that will produce resentment. If the powers are to be used in a much smaller number of cases, it may be that the proportionality will seem to be more reasonable. It would be useful if the Government, in asking for these necessary powers, were to confirm how frequently the powers would be used. I am sure they have considered that. Perhaps the Government can say, having thought through the information and intelligence that has been available for, say, the past six months, how many times they think they would have sought to use these powers.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Tuesday 14th January 2014 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, I declare an interest as chair of the Freedom Charity, which works to provide education and support for individuals who may be at risk of forced marriage. The noble Baroness, Lady Tonge, is right to highlight that many organisations believe that the Government are correct in trying to make forced marriage a criminal offence. The Freedom Charity is precisely one of those organisations and, in my view, the Government’s approach to this is right.

However, the amendment moved by my noble friend Lady Thornton, as opposed to the general principle which seems to have been aired, raises another, separate and extremely important issue—the circumstances in which an individual who has been forced into marriage lacks proper capacity to consent to that marriage. I have no doubt that we will be told by the Minister that somehow that is covered by the phrase at the end of Clause 109(1)(b) about a person entering into a marriage,

“without free and full consent”.

I understand that argument, but it seems to me that nothing is lost and rather a lot is gained by specifically highlighting the problems of those who may not have the capacity to consent to a marriage.

I am in no doubt that there are instances where young people, or not so young people, who have limited capacity are being forced into marriages, perhaps from benign motives—that is, to protect or support them—but perhaps also from less benign motives. Forced marriage is pretty abhorrent in itself, but the implications of forcing into marriage somebody who does not even understand what is happening to them seems to me particularly vile and is something that I hope this legislation will address.

That is why the amendment moved by my noble friend Lady Thornton is important, and I hope that the Government will be prepared to accept and support it. As I said, I understand that they will no doubt say that,

“without free and full consent”,

covers the point but, unless it is highlighted and unless the particularly vulnerable state of people with limited capacity is made clear, a great opportunity is being lost. Making it a specific and separate criminal offence is important, and I hope that the Minister will be able to accept the amendment.

[Baroness Hamwee (LD)]

My Lords, when I first saw the amendment, I thought that, as the noble Lord, Lord Harris, has just said, it was covered by Clause 109(1)(b). However, I realised that it is not, because paragraph (b) comes into play only if paragraph (a) applies. Therefore, my question to the Minister is: what does “coercion” in paragraph (a) mean? If the argument is that it is covered, I think that we need to understand the extent of coercion and whether that covers the situation that the noble Baroness has set out.

While I am on my feet, perhaps I may say that I hope my noble friend Lady Tonge will seek the leave of the House to speak to her amendments in this group. She got so carried away with enthusiasm for the noble Baroness’s amendment that she forgot to cover them. I am intrigued by my noble friend’s amendments. We were all left floundering somewhat listening to the debate on their predecessor amendments in Committee, knowing that there were good intentions behind them but not quite finding the means to support them because we were rather doubtful about them. These amendments are much more comprehensible.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 8th January 2014 Lords Chamber

[Baroness Hamwee]

My Lords, the noble Earl knows how sympathetic I am to his amendments, particularly in regard to detention. I made a cack-handed attempt at about 11.43 pm on day 4 out of five of Committee to raise issues about Schedule 2, and I have some questions for the Minister.

I am aware that Part 1 of Schedule 2 contains some significant safeguards—I hope the Minister will not feel upset at my using that term—and that paragraph 1(3)(a) provides that the applicant for a supervision order or a detention order must consult the youth offending team. There is no explicit provision for the court to consult the youth offending team although it may be good practice. Can he give me any reassurance on that score?

Secondly, is the Minister able to give me an example—I am sorry if it seems as though I am harking back to an approach adopted in an earlier debate, but I have asked this question before and it will not come as a surprise to him—of such a severe or extensive breach that only detention would be appropriate, without that activity also being a criminal matter? Perhaps he will also say whether there is a role for guidance from the Home Office, and what that role might be, for rules of court and for sentencing guidelines in this connection.

[Lord Harris of Haringey (Lab)]

My Lords, I have not always felt that the noble Baroness, Lady Hamwee, has addressed herself to issues that are hugely important or pertinent in this Bill, although she has gone into a great deal of detail. However, the point that she has just raised about the circumstances in which the Government envisage these powers in respect of juveniles being appropriate is extremely important.

There is a risk that the Government will, no doubt inadvertently, create a perfect storm around some of these matters. The powers under the dispersal order—we will come to this later—can be exercised without proper prior consultation. This can then lead to young people in breach of a dispersal order being potentially subject to detention, with all the consequences that the noble Earl described.

I can envisage circumstances in which the perhaps over-hasty, ill thought through use of dispersal order powers will lead to young people being rounded up and to some of them, because they are in breach of a dispersal order, being potentially subject to detention. That seems to be a toxic cocktail for community relations in many of our towns and cities.

Therefore the question that the noble Baroness has just asked the Minister is extremely important. What are the circumstances in which it is envisaged that detention is the appropriate outcome of a breach of, in particular, a dispersal order? What are the circumstances? What is the context in which this will be done? Are the Government going to provide sufficient guidance to make that clear? Otherwise, I can envisage circumstances in which young people will be detained as a consequence of something that was perhaps ill thought through at the time, with enormous social consequences.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 4th December 2013 Lords Chamber

[Lord Harris of Haringey]

Does the noble Baroness agree that it might be helpful if the Minister, in writing to her, sets out a precise list of what is required and explains why it would not be possible for that list to be laid in regulations so that it is clear what information is being referred to? The way in which it is written at the moment seems extraordinarily broad.

[Baroness Hamwee]

I agree with that. I was going to press my noble friend a little on whether the Information Commissioner has been consulted. I hoped that there might be time for inspiration to flow across half the length of the Chamber but I do not think that it has.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 25th November 2013 Lords Chamber

[Baroness Hamwee (LD)]

I wonder whether I should come in on the same issue to allow time for reflection. As I said to the Minister through his officials, I did not move my amendment because I assumed that there must be legislation which would require both authorities to agree. I read “consult” in this clause as meaning consult not around the outcome of actual closure but about the things surrounding it. I thought that, rather than taking the Committee’s time, I would simply not move it. Perhaps it would have been better if I had.

[Lord Harris of Haringey (Lab)]

Perhaps the Minister can assist the Committee by giving us some examples of when this power might be required and what the circumstances would be. It is about restricting the public right of way to a highway, but under what circumstances is that likely to happen and what sort of roads would these be? The requirement is to notify “potentially affected persons”, which,

“means occupiers of premises adjacent to or adjoining the highway, and any other persons in the locality who are likely to be affected by the proposed order”.

Depending on the nature of the highway concerned, that could be a very large number. One also wonders why it is confined to the locality when it might have a much wider impact. I suspect that the answers might be clearer if I had a better understanding of the circumstances in which the Government envisage this power being used. If they are rather narrower than the potential of this clause seems to suggest, I would like some clarity on why that is not made clearer in the clause.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 25th November 2013 Lords Chamber

[Baroness Hamwee]

My Lords, I accept that, of course, and the possibility of seeking permission. But we have not experienced the problem of people moving into Abingdon Green, and so on. I think that my noble friend will understand my slight caution about that part of the amendment.

[Lord Harris of Haringey (Lab)]

My Lords, I realise that when the House is in a mood of almost unanimity the noble Baroness, Lady Hamwee, can be relied on to inject a notion of something or other into the discussion. It is therefore very dangerous to say that perhaps this amendment is not quite right, but I do so as somebody with an office in Millbank House. I notice that the boundaries that the noble Lord, Lord Deben, has created would effectively mean that Millbank House could be completely surrounded by demonstrators, which would be entirely consistent with what has been said.

I am not sure that if they were to use loud-hailing equipment it would make a substantial difference. I wonder whether the boundaries are set quite right to cover the full extremities of the parliamentary estate, bearing in mind the way in which sound carries. If the Government are going to take away this amendment—as I hope they are—and think about it carefully and positively, I suggest that they look at precisely those boundaries to make sure that the whole of the parliamentary estate is covered.

Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 20th November 2013 Lords Chamber

[Baroness Hamwee]

I shall speak also to Amendment 22N. Amendment 22L would add the term “proportionate” to the period during which a dispersal order would apply so that the use of the power is both necessary and proportionate. When this matter was discussed in the Public Bill Committee in the Commons, the Minister said that he was confident that the powers will not be used disproportionately and referred to the need for authorisation by an officer of at least the rank of inspector. My amendment would insert a degree of objectivity into the clause. This is not intended to be critical of police officers, but if the power is intended always to be used proportionately, should that not be spelled out and be capable of being challenged?

My second amendment, Amendment 22N, would provide that the authorisation must clearly identify the locality in question. That is a matter of clarity, but rereading the clause over the past few minutes, it strikes me that the term “locality” could be understood in different ways in Clause 32(1), which is the specified locality to which the order will apply, and Clause 32(2)(a), where we are directed to reducing the likelihood of members of the public in the locality being harassed, alarmed or distressed. In the second case, the normal meaning of “in the locality” would be in and around the area, not in the specified locality referred to in Clause 32(1). I have only just thought about this. Reading things again, they sometimes read slightly differently. I do not know whether the Minister can assist me on that.

The amendment relating to proportionality was raised in the context of concern about peaceful assembly. I think we will come to that later, but I shall just say that I, too, am concerned that we should do nothing in the Bill to prevent peaceful assembly when people in a proper manner exercise their democratic rights as citizens. I beg to move.

[Lord Harris of Haringey (Lab)]

My Lords, I rise to speak to Amendment 22M in the name of my noble friend Lady Smith of Basildon, which would insert into the Bill the words,

“and once the relevant local authority has been consulted”.

I do so on two main grounds. One is to revert to a topic that we discussed in Committee on Monday, which concerned the importance of the powers in the Bill being exercised as part of a wider pattern and a wider agreement with local government and other interested parties. That is a general principle that we should not move away from. However, the main issue is that this is clearly a power that relates to a specific locality. It might relate to, for example, aggressive begging in a particular park, square or precinct. Therefore, you would expect the local authority or the custodian of the public space concerned to have very clear responsibilities and interests. There may well be community implications. There may well be a need to listen to what the local authority may feel will be the community impact of such an action or, indeed, to consider the local authority’s view on whether the community benefits from such an action.

I understand that the local authority should be the custodian of those public spaces and that these are the circumstances in which this power may be used so it is appropriate that it be involved. I understand that the parallel of this power, the old anti-social behaviour order regime, did involve consultation with the local authorities concerned, yet the Government have specifically excluded it in this Bill. I would be interested to know a little more about the rationale behind why this has happened in this particular case as this seems to me an obvious area where you would expect there to be consultation with local authorities.

If the argument is that local authorities have been slow in responding to consultation and that this has led to a continued problem, I would be surprised because local authorities usually are well aware of concerns that are being expressed by local communities about a problem in a particular area. If that is the case, I suspect there are some faults on the side of the local authority. These could be remedied by some expectation of what the normal period is within which the local authority should respond when asked for its views on these matters. However, I think there is an extraordinary weakness in the way that these powers could be pursued. The way in which the legislation is framed, this is a quite a broad power. The authorisation could come from a police officer and would proceed solely on the basis of the authorisation of a police inspector. This is not something that would have necessarily gone to court, although obviously it relates to people about whom there are clearly concerns.

I would like to know why it is not felt to be appropriate in these circumstances for the local authority to be consulted. If the argument is that there have been unconscionable delays associated with that, can the Minister give us some examples of where they have occurred, and can the Minister say why it would not be possible to build in to the legislation something which required a specific time period for the local authority to respond when such a power is being considered?

Crime and Courts Bill [HL]

Debate between Lord Harris of Haringey and Baroness Hamwee

Tuesday 27th November 2012 Lords Chamber

[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.

[Baroness Hamwee]

My Lords, my noble friend Lord Marks of Henley-on-Thames and I have Amendment 3 in this group. I am not sure whether the noble Lord, Lord Blair, was looking at me—I believe he was—when he referred to some people in this Chamber having been members of a police authority at the relevant time. I was not a member, but I questioned him in public, carrying out a role that is not unrelated to the subject of this amendment, which is getting information into the public domain—a hugely important role that someone needs to carry out. I am not sure who that someone might be in this structure.

I am aware that the Government have designed an arrangement under which the director-general is accountable to the Secretary of State, who is in turn accountable to Parliament. The Minister, the noble Lord, Lord Henley, in response to my amendment at the previous stage, told me that a supervisory board, which was how I described it, would muddy the waters. I had taken that proposal for a supervisory board from the arrangements that the Department for Communities and Local Government had in place, as I was easily able to access its arrangements. I said then that I was not seeking to change the architecture of the Bill.

I do not propose a governing board, and I do not go as far as the noble Baroness. However, because of the concern not to change the architecture, I have amended my own amendment to include the words, “Subject to Part 1”. That deals with the respective roles of the Secretary of State and the director-general. I tabled my amendment before seeing the outline framework document, which we are told will cover internal governance. Reading Hansard following Committee, I thought that perhaps “supervision” was regarded at any rate as an indelicate term for the relationship, although I felt at the time that the Government were a little oversensitive to my amendment.

However, I will be even blunter and say that as I read the paragraph in the outline framework document, the word that comes to mind is “cosy”. It might be much less cosy if we knew more from this document about what the governance arrangements would consist of. We are to have a management board, which comes under the heading of “Internal Governance”—it is almost the whole of that paragraph. I do not regard management as being the same as governance. Neither do I regard governance as being the same as administration, although that is the umbrella word used for governance in Schedule 2. It is the term used to introduce the concept of governance.

I have used terms including “strategic and corporate leadership” and “advice” in my amendment. If the management board that we are to expect is not to provide strategic and corporate leadership and advice, what is it going to do? Perhaps the Minister can help us today by fleshing this out a little more.

The framework does not tell us what it will do, and that is clearly important. It says only that there will be a description of the role of the board. Although, as I said, my amendment does not go as far as Amendment 1, the points made hitherto raised extremely important issues about governance in the public and political sector. I ask one further question. I do not want to pre-empt the noble Lord, Lord Condon, because it was his question at the previous stage, but will the board include stakeholders? We know that there are to be some ex-officio members and non-executive members. Again, the House would be interested to know who it is anticipated will fulfil those roles.

Crime and Courts Bill [HL]

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 18th June 2012 Lords Chamber

[Baroness Hamwee]

My Lords, before the noble Baroness tells the House what she proposes to do with her amendment, perhaps I may raise with the Minister the way in which references to the framework document are set out in Schedule 2. We are told that the document will deal with ways in which the NCA is to operate, including how it,

“is to be administered (including governance and finances)”.

No doubt the Minister and his officials will consider further the points that have been made today—I am by no means certain what should happen after this stage on this issue—and at least they will consider whether the term “administered” covers the issues of governance which noble Lords have raised. To me, governance is not something which is included in administration; it is an issue on its own. To include it within administration downgrades its importance.

[Lord Harris of Haringey]

Before my noble friend responds to the debate, perhaps the Minister will also tell us precisely when we are likely to have this framework document. Clearly, he is saying, “Don’t worry your heads about the governance arrangements because when you see the framework document you will be entirely satisfied and it will all be all right. Therefore, this amendment is unnecessary.”. We are in Committee and have not yet seen the framework document. The Government announced their intention to create a national crime agency nearly two years ago, so it is quite extraordinary that this fundamental piece of the jigsaw is not available to us. It would be very helpful to have it.

Incidentally, while the noble Lord was speaking, I checked on the Food Standards Agency. As far as I can see, it has a fully functioning board; I believe that the noble Lord, Lord Rooker, is its chair rather than the head of the agency, but that is a mere detail.

Protection of Freedoms Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Tuesday 6th December 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, I think that the noble Baroness, Lady Doocey, has put forward an extremely helpful amendment. The reason for thinking that is because, tragically, there have been too many instances when minicab drivers, and indeed licensed taxi drivers, have turned out to be a danger to those whom they ferry. Those instances are comparatively rare, and of course it is much safer to use a licensed vehicle than otherwise, but the danger remains.

My only regret is that the noble Baroness, in her normal ingenious way, has not found a way to encompass what I consider to be the increasingly dangerous fraternity of rickshaw drivers in London. I am sure that a few extra words would have enabled us to have a licensing regime for rickshaw drivers on top of all this, with the added protections of enhanced record checks. I appreciate that I have now caused a flurry on the Front Bench while the correct answer as to why that is incredibly difficult is explained to the Minister. However, as I think that the noble Baroness, Lady Hamwee, is about to speak, I am sure that he will have a chance to mug up on the subject.

[Baroness Hamwee]

My Lords, perhaps I will give the Minister thinking time, but I was going to say that rickshaw drivers present more dangers than those which are the subject of this Bill—the noble Lord has referred to the small number of very horrific examples.

I support my noble friend. There have been important steps in licensing over the past few years, certainly in London, but legislation cannot remove every risk. A perpetrator may not previously have been caught or may just be starting on a course of action. However, the more tools that are given to employers and to the organisers of different activities, the better—within the overall objective of a sensible regime that is not overbureaucratised.

Perhaps I might make one comment, which I wondered whether I should come in with in a previous discussion when I think the Minister was accused of being unimaginative about the amendments. I can tell the Committee that at the meeting which I attended with the various sporting groups, which has been referred to, both our Minister and Lynne Featherstone made it absolutely clear that an employer or an organiser cannot abdicate responsibility to an unthinking bureaucratic process. I, for one, was very impressed at that meeting by the common-sense attitude being displayed. We were being reminded that we cannot do everything through legislation. We will do as much as we can, but we cannot do everything.

Terrorism Prevention and Investigation Measures Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Tuesday 15th November 2011 Lords Chamber

[Lord Harris of Haringey]

I am sure that it is helpful to the noble Lord, Lord Henley, to have the noble and learned Lord, Lord Lloyd, putting his arguments in advance. That may well be the argument on which the noble Lord, Lord Henley, will rely.

That brings me to my next point: can the Minister assure us that all of those extra surveillance arrangements will in fact be fully available, including the technical measures, by the end of this calendar year? Can he assure us that all of those arrangements are in place, and will be in place, and where there are technical measures, whether they have been adequately tested? The last thing any of us in this House would want to see is a situation in which new measures turned out not to be fully functioning when the need was greatest.

This is an amendment about prudence. I think it was relevant that the noble Lord, Lord Faulks, raised the point about the transition period. Again, I would be interested to hear the Minister’s response. It seems to me that the Minister has to satisfy the House today that not passing this amendment is a prudent, sensible and proportionate course of action. Those of us who are concerned about the security that will be available during the Olympics want to be satisfied that every necessary measure is available. Let us remember, this is not a mandatory obligation on the Secretary of State. Amendment 5 proposes that the Secretary of State “may impose restrictions”. It would only kick in under the very small number of instances where the Home Secretary was convinced, on the basis of information received, that this was something that was appropriate and proportionate to do. It would not be used on a blanket basis, and the number of instances in which relocation has been used under the existing control order regime is, as I understand it, extremely small.

I turn to Amendment 44A and the report on border controls to prevent terrorism. While I am not quite sure I understand the logic of the grouping which puts this with the other amendments, I none the less think it is extremely important. We have to recognise that, irrespective of the discussions there have been in the last week or so, there are issues about the security of our borders. This is nothing to do with whether the UK Border Agency has or has not been doing its job properly; has or has not exceeded the instructions of the Home Secretary; has or has not relaxed controls over and beyond that. It is about whether or not the controls could ever work. Therefore I think this report would be extremely valuable.

Could the Minister tell us what work is being done about people who arrive in this country by train through the Channel Tunnel, but whose destination may not have involved them having to go through passport control in either Paris or Brussels? To what extent are the Government considering what is going to happen at the point at which Lille, I think it is, is connected to a greater number of major train lines within the continent of Europe? What steps are in place to ensure that our borders are secure under those circumstances?

Can the Minister also satisfy us—and this has been the subject of debate in the last few days—what steps are in place to ensure that people who arrive in this country by coach are also adequately screened and whether the arrangements in place are able to cope with the volumes involved? Finally, for those who arrive by ferry, are arrangements in place to manage the numbers involved, and manage them properly?

[Baroness Hamwee]

My Lords, on the amendment on relocation the noble Lord, Lord Hunt, said that it does not detract from the essential point of this Bill. I think it does because the change to the measures which can be imposed is the essence of this Bill. Relocation is an extensive measure and can be particularly damaging—the noble Lord, Lord Newton, referred to this. I would add to his examples not just that of taking children out of their school and replanting them somewhere quite different but that of separating the individual who is the subject of the measure from his family, which has happened with relocation in a number of instances. I do not need to explain the impact of that.

Reference has been made to the evidence given to the Public Bill Committee in the Commons on behalf of the Metropolitan Police. I read that evidence as the sort of thing that any good copper would say in seeking to defend the police's position and ensure that as much money as possible was allocated to the activity, making quite understandable caveats about limits. Before the noble and learned Lord, Lord Lloyd of Berwick, mentioned it my reaction, too, to what happened earlier this year was that—as I think the Minister’s predecessor but one told the House on an earlier occasion—the extra surveillance measures were not then in force but would be, so the situation is changing.

I have always found a difficulty with pointing to the Olympic and Paralympic Games as a kind of watershed, not because I do not acknowledge that they could be a high-profile occasion for any terrorist to use but because we either are or are not equipped for dealing with terrorism. I cannot quite get my own head around whether, disregarding what the Americans may have said yesterday—they have always said that in relation to the Games—the Games are so very much more of a danger point. Indeed, is there not a danger for us in focusing on them as the critical time? It would be very damaging to the reputation of the Games and of this country if there was an attack earlier or later than that because we appeared to have relaxed our guard. I just find a difficulty in that.

Amendment 44A is exactly the opportunistic sort of amendment which I would entirely have expected the Opposition to table. Any Opposition would do so, but if the situation is as serious as they point out, then I, for one, do not want to wait a year. However, I am not sure whether this is in any way the right amendment. I would like to see an evaluation of the pilot that we have heard has been carried out, not to wait a year for that, but we are told that more dodgy people were picked up as a result of the pilot and it is important that we understand how that worked. This amendment, however, appears to go wider than the measures under this Bill because it does not use the term “measures”, which is defined in the Bill. I wonder whether the amendment is even within the scope of the Bill but leaving that technical thing aside, this is about immigration and controlees. The subjects of TPIMs are or will be British citizens, so although it raises important points I do not think those points are wholly relevant to this Bill. The subject is important but it is important to get it right, not to have it as a political football.

Terrorism Prevention and Investigation Measures Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 19th October 2011 Lords Chamber

[Baroness Hamwee]

My Lords, the noble Lord, Lord Hunt, gets there before me.

[Lord Harris of Haringey]

As ever.

[Baroness Hamwee]

No, not as ever, sometimes we are shoulder to shoulder. However, I congratulate the noble Baroness and I am grateful for her reply. It will deserve reading. I take her point about the term being used in control order legislation but I have written down,

“much the same as prima facie”.

I, for one, would not like to tangle with her over whether there is any significance in the term “much the same”. If anybody reading Hansard who is better qualified than me thinks that one should take issue with,

“much the same as prima facie”,

I will come back to it on Report. As I say, I will read the noble Baroness’s response. I am grateful to her for the detail. I beg leave to withdraw the amendment.

Terrorism Prevention and Investigation Measures Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 5th October 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, as ever I am grateful to the noble Lord, Lord Howard, for his helpful intervention. My point is simple. This was a power that previous Home Secretaries and the current Home Secretary found necessary. It is one that the security services and police said was necessary. However, we are now told that the fresh air of the West Midlands conurbation and its bucolic atmosphere have so changed this individual’s personality that he now poses much less of a threat. That is frankly implausible. The reality is that this power was necessary. The present Home Secretary, knowing of the proposal that she would bring before Parliament, chose to exercise the power. The power remains necessary.

[Baroness Hamwee]

Would the noble Lord like to say anything about the development of technology? He may be overlooking the fact that individuals who are subject to these measures will almost undoubtedly be tagged. I do not know much about it, but I am sure that the technology is developing as we speak, and that it is possible to know where people who are tagged are going, and whether they are going where they should not be going. Surely that needs to be taken into account.

[Lord Harris of Haringey]

As I understand it, people who are subject to control orders are in many instances already tagged. Tagging is a useful technique. Tags can be removed, though the best tags are supposed to tell you if they have been—and I am sure that only the best tags will be purchased for this purpose. However, the problem is the risk of association. If somebody lives in a particular area and it is deemed that the danger of association is there, a tag will not tell you who comes to see that individual. Nor will it tell you where they go in their immediate vicinity, which could be precisely where those associations take place. The point of relocation is to minimise the risk of those associations, or to enable them to be monitored.

Just eight months ago, the rational and responsible Home Secretary, on the information presented to her, felt that the individual concerned was so dangerous that not only did he need to be subject to a control order but he should be relocated miles away from his previous environment. She made the judgment knowing that the Bill would remove that option and tie her hands in future. The rational and responsible Home Secretary made that judgment knowing that however much of a danger the person was thought to be, such an outcome would be taken away. The Minister needs to tell us why the judgment that the Home Secretary made then will no longer apply to this individual when the Bill becomes law.

Perhaps we should not expect the Minister to go through such contortions to provide an explanation. Perhaps all he needs to do is concede that the Home Secretary made that judgment in the interests of our nation's security but that this shabby, tawdry compromise of a Bill would prevent her making the same judgment in future. This compromise is not just between the two wings of an uneasy and unhappy coalition, but a compromise with the nation's security.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 20th July 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, a few minutes ago, the noble Baroness talked about the current system in London not working. By implication, she was suggesting that if the Bill were to pass, the arrangements for the accountability and governance of the police would be stronger in London than they are at the moment. However, in practice, the Government are weakening the arrangements in London. They are providing the Mayor and the MOPC with fewer powers in terms of control and governance over the police service in London, which I assume is not the Government's intention. The purpose of my modest amendment is to require that the MOPC is given the opportunity to interview candidates for appointment as a commander, deputy assistant commissioner or assistant commissioner of the Metropolitan Police. It does not take the final decision away from the Commissioner of Police of the Metropolis; it leaves it there.

On Report, I made my view clear that in an ideal world there should be a joint recommendation on the appointment of the Commissioner and Deputy Commissioner of Police of the Metropolis from the mayor and from the Home Secretary. It would continue to be a royal appointment, a fact that the Government and those former Commissioners of the Metropolitan Police to whom I have spoken feel is important. However, this amendment does not change that. What it does do is to give a significant, though not a decisive, role on appointments slightly below that level, down to the level of commander of the Metropolitan Police, to the MOPC. It would give an opportunity to advise on the basis of having seen the candidates concerned and for that advice then to be considered by the Commissioner of Police of the Metropolis before a final appointment is made and before the final consultation processes take place.

I am aware that the mayor’s office in London has made very strong representations to the Government. Indeed, as recently as earlier this week—I believe on Monday—the chair of the MPA and London’s deputy mayor for policing wrote to Theresa May, the Home Secretary, with a copy to the Prime Minister in which he reiterated the concerns of the mayor’s office in London:

“The Mayor and I have deep concerns regarding the proposed future lack of MOPC involvement in MPS officer appointments, and conduct matters in addition, according to the Police Reform and Social Responsibility Act. The Bill will remove the role of the governing body in appointment of all ACPO officers”.

That is as clear a statement as you can find that the new arrangements being proposed by the Government will reduce the mechanisms by which the mayor’s office in London holds the police service accountable. The statement continues:

“As I have communicated to you previously, the Mayor and I feel strongly”.

The Government are saying that in London there will be fewer levers, fewer controls and fewer powers for the system that governs the Metropolitan Police. This is at a time when the Government tell us that they want to strengthen those accountability mechanisms. This is at a time when the Government tell us that the current arrangements are not working in London and by implication they ought to be strengthened. This is a time, incidentally, when there is a Conservative Mayor of London. You would have thought that the Government would have the utmost confidence in that person’s ability to take on those functions in an appropriate way; but no. What the Government are doing is taking away even those very limited powers that currently exist and giving them to the Commissioner of Police of the Metropolis.

I find the approach that is being taken here quite extraordinary. In quieter times, before the events of the last few weeks, the arrangements in London, where there is a directly elected mayor for the whole city, were being held up to us as being the beacon that was guiding this entire piece of legislation; yet now we are being told that those arrangements are inadequate. However, instead of the arrangements and the responsibilities of the mayor’s office being strengthened, they are being weakened by this Bill.

On Report, I challenged the Minister to give me one instance in this Bill where the new structures will have more responsibility than the current structures have over the Metropolitan Police; I received no answer. The reason I received no answer is because there are no such instances. This Bill weakens the governance arrangements in London.

I think we understand, given the national responsibilities currently held by the Metropolitan Police, why the Home Office has to be involved in the appointment of the Commissioner of Police of the Metropolis. I think we understand the historic reasons why it is important that that appointment be a royal one, but in circumstances where every other elected police and crime commissioner will have at least the power of appointment of the chief officer of police—assuming that the Government restore that measure to the Bill, as the noble Lord, Lord Cormack, hinted that they might consider doing. However, in London, even though an assistant commissioner has the equivalent rank to a chief constable outside London, the mayor’s office will have no involvement other than the right to be consulted. I suggest that this is a diminution of the powers which is extremely unfortunate.

I know that one reason the Government have taken this stance is the desire of the outgoing Commissioner of Police of the Metropolis that he should have control over all appointments of his senior team. No one is suggesting that the Commissioner of Police of the Metropolis should not be able to decide how he wants deploy his senior team, but I question whether it is sensible that those appointments are made simply by that one individual in these circumstances.

During my time on the Metropolitan Police Authority, for four years I chaired every appointments panel for officers above the rank of chief superintendent. In the subsequent seven years, I sat on virtually all the appointments panels for deputy assistant commissioners and above. There have been one or two instances of disagreements between the Commissioner of Police of the Metropolis and the appointments panel of the Metropolitan Police Authority. Usually the Metropolitan Police Authority panel has deferred to the preferences expressed, if they have been expressed clearly, by the Commissioner of Police of the Metropolis or his representatives. In a number of instances—it is probably inappropriate for me to give any details—that decision has been against the better judgment of the panel of the Metropolitan Police Authority. In those instances, that better judgment has proved to be right and the strongly held view expressed by the Commissioner of Police of the Metropolis was in fact wrong. Therefore, I do not think it is sensible to have an arrangement whereby you are preventing or not requiring the MOPC to have a direct involvement and to have at least the opportunity to interview the candidates so that there can be a dialogue or a consultation with the Commissioner of Police of the Metropolis on the basis of detailed information about the strengths and weaknesses of various candidates. I do not think it is sensible even in the terms of what the Government are doing in trying to have a transparent system where the elected representative of the people is seen to be having a decisive role in the governance of policing. I think the way in which the Bill is drafted is a mistake. Unless it is rectified at this stage, I suspect that we will rue the consequences in the future. I beg to move.

[Baroness Hamwee]

My Lords, the noble Lord, Lord Harris of Haringey, described his amendment as modest. I have often heard him describe his amendments as modest, although I have not necessarily agreed with him. However, this amendment is about no more than making recommendations. If the Minister is minded to resist, can she explain to the House how that squares with the amendment that we have just made to the Bill about supporting the effective exercise of the functions?

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 13th July 2011 Lords Chamber

[Baroness Hamwee]

I have Amendment 235A in this group. The noble Baroness spoke about matters which I raised at the previous stage, mentioning a number of criminal areas which do not respect boundaries. This amendment is arguably a little more local, but I have been asked to raise it by Justice, whose concern is exactly what I articulated at the previous stage and what the noble Baroness, Lady Henig, has articulated now. It is concerned that the creation of commissioners could result in what it calls—it is rather a good phrase—a competitive “race to the bottom” on populist law and order policies. It mentions what one might call the “invisible” crimes, such as domestic violence and crimes against vulnerable individuals and members of minority groups, which do not dominate public concern in the way that street crime and anti-social behaviour do.

The Bill deals with offences such as terrorism and organised crime, which require a national policing response. Child neglect has been acknowledged in another part of the Bill, but aggravated crimes against minorities and a whole list of other matters, with which I shall not detain the House, may not be a priority—indeed, it is extremely unlikely—for any commissioner seeking an electoral mandate.

I made the point to Justice that we had already covered some of this ground, to which it responded rather honestly that it was important to make the rhetorical point. Although it is almost half-past nine on perhaps our last day on Report, I shall make the point not very rhetorically, not very eloquently, but in quite a heartfelt manner.

[Lord Harris of Haringey]

My Lords, I do not think that some of the issues that we are discussing in these amendments are rhetorical matters. My Amendment 239 approaches the issues which my noble friend Lady Henig raised in Amendment 235 from a slightly different perspective.

Some 35 hours ago, I sat listening to the Home Secretary introduce the new CONTEST strategy for the United Kingdom. That document, which pulls together the efforts being made to counter terrorism, is fundamental to the issues that we are talking about here in relation to the national strategic policing requirement.

Of course, this document describes the importance of having a national network feeding in to the counterterrorist effort—if we do not have such a national network, we cannot deliver effective counterterrorist policing. That is why it is so important that the Government have put the strategic policing requirement into the Bill. What makes it difficult for us in your Lordships’ House to consider these matters tonight is that, of course, no one, as far as I am aware—certainly none of your Lordships—has yet seen the strategic policing requirement, or a draft thereof.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 11th July 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, I support the amendment for a number of reasons. First, the Bill is amazingly silent on transitional arrangements. In the immediate aftermath of the vote on the first day in Committee, the noble Baroness, Lady Hamwee, raised with a degree of interruption and noises off—from me, I appreciate—the question of the transitional arrangements that should be in force before a new system is put in place. I would not go as far as those who reorganised London government in the 1960s where there was one year of shadow operation. But I note that there were several months of shadow operation when the new arrangements in London for the Assembly and the mayor took effect. All the Bill provides for in terms of a transition period is seven days—seven calendar days, one week—for transition from one system of governance to another. That seems strikingly short to me, under any set of circumstances. However, that is the smallest and most insignificant of reasons for supporting this amendment.

My admiration for the Home Secretary grows every day, because of the bravery she shows. In Sir Humphrey Appleby terms, the decisions she is taking on policing are extremely brave. Currently, in policing, there is a most extraordinary agenda of change. There are substantial budget reductions, starting with the current year, and moving through next year and the rest of the CSR period. Major changes are proposed for the terms and conditions of police officers, which will at least cause a degree of stress, uncertainty and confusion, if not downright anger from many police officers. Changes are proposed in the pensions of police officers, which are also causing a substantial degree of distress, concern and anger. That is all happening at the same time as other parts of the public sector are withdrawing various functions from their activities so that more will be expected of the police force.

At the same time, we have the challenge of the Olympics, which is probably the largest policing challenge that has ever been faced in this country, comparing a modern Olympiad with the last time that London hosted the Olympics, in 1948. There is the Queen’s Diamond Jubilee. Wedged in that very short interval between the Olympic Games and the Paralympic Games is the Notting Hill Carnival, Europe’s largest street festival, involving major policing resources. In the midst of all this, our brave Home Secretary is proposing that we change the governance arrangements for policing in London and the rest of the country.

In supporting this amendment I am not trying to frustrate the Government’s intention. I am simply trying to point out that there are major risks in doing this on that timetable, with one week’s transition. That is all that is envisaged for the rest of the country and it is very unclear when the transition in London might take place. All of that will occur, at a time when all of these other things are going on.

I know that our brave Home Secretary has taken the decision to reduce the security alert status, which is always a brave decision for any Home Secretary because that supposes that you know of everything that might be just around the corner. However, the security situation is that there is a very serious terrorist threat against the Olympic Games. There are enormous public order and security challenges. It is not just al-Qaeda and its affiliates that we should be concerned about. Because of the global interest in the Olympic Games—with an estimated several billion people watching the opening ceremony on television around the world—this is an opportunity for any organisation anywhere in the world, pursuing its local objectives, to get publicity on a global scale. The threat is enormous, and in the midst of it our brave Home Secretary plans to change the governance arrangements for policing.

The amendment is very modest. It does not frustrate the Government's objectives. It merely says, “At least get the Olympic and Paralympic Games out of the way before you make this change”. Is there any need for further distraction under the circumstances? Is there any need for that degree of disruption? Is it not better to wait for a few short months, which will have the added benefit of allowing a sensible period of transition to the new governance arrangements? I urge noble Lords to support the amendment.

[Baroness Hamwee]

My Lords, my recollection of the transition/shadow period for the Greater London Authority was that it was very short and clearly not long enough, but that is not the point I will make tonight.

I sometimes think that, faced with a difficult decision, it is wise to ask oneself, “How will I feel, looking back in six months or a year, if I did or did not do something?”. In this situation, if the Government postpone the changes in London, they will be able to look back a year and a half from now and say, “Phew, that went okay. What damage did we do by not making the changes? Well, none really. What damage have we suffered? Maybe a little to our egos, but does that matter?”. How much better to be in that situation if there has been a problem, which may or may not be related to the changes in governance, than to be told by the noble Lord opposite or my noble friend behind me, “Well, we did warn you”, and for the world to say, “You were warned”.

I do not see a problem if the Government make what is hardly even a concession but more a slight shift in thinking. The balance is between very little on the one hand, and possibly nothing but possibly something catastrophic on the other.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 11th July 2011 Lords Chamber

[Lord Harris of Haringey]

My Lords, I hesitate to intervene but the noble Lord goads me into it. The point is that the London Assembly has never been able to exercise its power in respect of the budget, which requires a two-thirds majority. That is not because London Assembly members feel they have been previously involved enough in the budget process, it is simply the arithmetic. A threshold of two-thirds is already very high.

[Baroness Hamwee]

My Lords, with the leave of the House, perhaps I may say that from my experience the power of the London Assembly is best exercised in conjunction with the press, and today of all days I am not sure that I would want to be saying that any sphere of Government should depend too much on the press.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 4th July 2011 Lords Chamber

[Baroness Hamwee]

My Lords, I have Amendments 166, 167 and 179 in this group. The first two would allow the London Assembly to determine whether to discharge its functions under the Bill either through a committee or through the full Assembly. At the moment the Bill prescribes. In responding to a similar amendment at the previous stage, the Minister said:

“The first question to address here is why there should be a bespoke committee of the London Assembly called the police and crime panel rather than, as proposed by noble Lords, the functions being conferred on the London Assembly as a whole. The reason is one of practicality. Having a dedicated committee, representative of the wider London Assembly, will ensure that sufficient attention and scrutiny can be paid to delivering its policing responsibilities and would also allow for independent members to be brought on to the panel … This smaller group will be able to focus its attentions on the important business of scrutinising, in detail, the actions and decisions of the Mayor’s Office for Policing and Crime”.—[Official Report, 24/5/11; col. 1800.]

I am not sure whether I can say this of the noble Baroness, but I thought, reading that, it was really rather paternalistic. The London Assembly is a grown-up body, with its current and past members and, I am sure, its future members, and ought to be able to take its own decisions as to the best way of organising itself.

I remember when we were debating the GLA Bill, which became the GLA Act 1999, it originally provided for the Government to deal with, I think, the standing orders of the Assembly. I remember the noble Baroness, Lady Farrington of Ribbleton, saying from the Government Front Bench, “This is ridiculous. It can sort itself out”. She was quite right then and I make the same point now. There seems to have been some confusion, in any event, on the Government side, because earlier the same day the noble Lord, Lord Wallace of Saltaire, said:

“We argue that it is for the London Assembly as a democratically elected body to decide for itself how the membership of the panel should be chosen”.—[Official Report, 24/5/11; col. 1751.]

I accept that this was a slightly different context and a slightly different point, but I argue that the London Assembly as a democratically elected body should be able to decide for itself how it carries out its functions.

Amendment 179 would provide for the Assembly to approve or reject the draft police and crime plan, or a variation, with the veto of a two-thirds majority—unco-ordinated, but the same point as that made by my noble friend. I feel that it is appropriate for the Assembly to be able to treat the plan in the same way as it does mayoral strategies. On this point, the Minister said at the previous stage that it would not be appropriate for the panel to have a power of veto because of the plan being statutory in nature. My short point here is that the strategies to which my noble friend has referred—she managed to say statutory strategies without tripping over the words—are statutory in nature. I do not see that there is any qualitative difference between the two.

Finally, I have two questions about government Amendment 172. I welcome the clarification of the position regarding co-options, but if the Assembly is to be able to fix the number of members of the panel—reverting to my earlier point—can the Assembly create a committee which consists of all 25 members as a result of this amendment?

The third subsection of the amendment states that the,

“panel functions must be exercised with a view to supporting the effective exercise of the functions of the Mayor’s Office for Policing and Crime”.

That picks up today’s theme of the constructive, collaborative and supportive nature of the relationship. I am not quite sure whether the Government might have gone too far on that because, in exercising the functions, the panel or the Assembly might support the best outcome but oppose the way in which the mayor’s office chooses to exercise them.

[Lord Harris of Haringey]

My Lords, this is an important group of amendments on which a number of issues are raised. The amendments highlight how serious the Government are, or are not, about these scrutiny bodies—in London it is the London Assembly structure—in terms of what they can and cannot do. The amendments would enable some opportunities for the London Assembly to propose amendments and changes to the policing plan.

At the moment, the London Assembly is charged with consideration of a whole series of statutory plans; for example, the Spatial Development Strategy and the transport strategy. I think that there are about seven or eight of these strategies, but that figure may have increased since I was a member of the London Assembly. In addition, there is the biodiversity action plan, which is specifically referred to in the Greater London Authority Act. The Government, or one arm of them, are busy changing the statute so as to give the London Assembly the power for which I have often argued in the past; namely, the ability to amend those plans by a suitable majority. Why is that not part of the Government’s vision for policing? It is absent and I do not understand why. I could suggest that the Home Office does not talk to the Department for Communities and Local Government, which is unthinkable, or that there is a reason why the policing strategy is seen in a different light from the other plans and strategies that the mayor is required to put before the London Assembly.

I suppose I am pleased to see that the Government have responded to the concerns expressed by many Members of your Lordships’ House about the need to ensure that, in the case of the PCPs, the chief officer of police should be able to appear before them or, in the case of the London Assembly, that the London Assembly should be able to see the Commissioner of Police of the Metropolis. But it is a very weak and watery power that the Government have put forward in the amendment. It is simply the power to invite, which does not need to be written into statute because it already exists. The Commissioner of Police of the Metropolis appears several times a year before the full London Assembly on the basis of the current implicit right to invite. Therefore, the Government have made no concession at all.

By the abolition of police authorities, the Government are removing the place where the public know there will be visible answerability by senior police officers. The right to invite is not a significant new right. Under most circumstances, any sensible chief officer of police and any Commissioner of Police of the Metropolis will accept such an invitation. When there are difficult circumstances, it is important to the public that senior police officers are seen to be required to appear before a public body in that way. I have spoken in this Chamber previously—I will not repeat all the points I have made—about the value of visible answerability and the important opportunities that that gives for the public to see that the police are being held accountable.

It is no substitute that under the new arrangements London will have the deputy MOPC who will not, unfortunately, have the benefit of being directly elected but will hold the commissioner of police to account, while outside London the PCC will hold the chief officer of police to account. That process inevitably will happen in private. A one-to-one meeting cannot be held in public. That will not be a system of visible answerability, so there has to be that visible answerability somewhere else—in the case of London, that should be the London Assembly. The right to invite is not sufficient. On limited occasions, there must be the right for the London Assembly to summons. It is very sad that that has not been the case. In passing, the noble Baroness, Lady Hamwee, asked whether the London Assembly could decide that all 25 members should sit and carry out this scrutiny function. At present, the full London Assembly on occasions meets as a whole to ask questions about policing. Will that now be precluded by the Bill and the way in which it has been structured? That is the implication. You end up with less visible answerability and less visible accountability, and the arrangements that already exist are diminishing. Surely, that is not the Government’s intention, which is why this group of amendments is so important.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Monday 6th June 2011 Lords Chamber

[Lord Harris of Haringey]

I certainly know why that is. We start from the basis that London is the greatest city in the world and that Birmingham and Manchester pale into insignificance. To be very serious about this, under the current arrangements, the 32 boroughs in London feel that they are not directly involved, which is one reason why we have had amendments in Committee on the importance of consultation and involvement with local authorities. It is all part of a package, and I hope that in looking at the issue outside London the implications inside London will be reflected on. Part of the solution will be to build in robust relationships between, in London's case, the Mayor's Office for Policing and Crime and, outside London, police and crime commissioners and commissions or panels, or whatever else we have, and the elected local authorities in each area, both in providing scrutiny and in developing plans for policing in those districts.

[Baroness Hamwee]

I realise that I have not spoken in this debate yet, but following the point raised by the noble Lord, Lord Harris of Haringey, perhaps the Minister would also consider the position of the current London Assembly. It appears not to be too concerned about most of the functions of the panel; it will be restricted to a number of the members of the London Assembly, but not all of them. On the noble Lord’s point, only a selection will do the job, not all 25 members, so the position there is exacerbated.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Tuesday 24th May 2011 Lords Chamber

[Baroness Hamwee]

My Lords, I have several amendments in this group: Amendments 32, 33, 34, 35, 36, 47, 48, 63, 64, 94 and 135. Amendment 32 would restrict the salary of the police and crime commissioner to no more than one-third of that of the chief constable. I expect a bolt from the blue for suggesting such a meagre amount but this is a probing amendment. We know that the SSRB is to advise but I understand that it will advise only. As the noble Baroness has just said, it is proposed that the decision will be that of the Secretary of State. However, the SSRB and we will need to understand several factors that are relevant to the recommendation. There is not only the responsibility carried, as one reads in the Bill, but the workload. What workload do the Government expect of the new commissioners? I am sure it will be different for different police areas. Perhaps the Government can assist the House with some sort of general advice or ballpark figure. It will not necessarily be a good thing for the commissioners to be full-time. Will that not bring them into a position of challenging the role and authority of the chief constable? There are some sensitive and complex issues buried within this. As I say, this is only a probing amendment but it is not a frivolous one.

My next three pairs of amendments are also probing, but they probe only the drafting and are very much third-order matters. Amendments 33 and 34 deal with incidental powers, including entering into agreements. I want merely to understand why it is necessary to word it in this way. Does “legally binding” mean enforceable through legal mechanisms? Is it necessary to cover all the bases by giving these examples of incidental powers? Amendments 47 and 48 to Schedule 2 are rather similar. They relate to the chief constable. The distinction is that the chief constable is an existing post. Do chief constables not already have these powers? Are these provisions necessary because of some new functions in this schedule?

I have two further pairs of amendments: Amendment 35 and 36 to Schedule 1, and Amendments 63 and 64 to Schedule 2. These paragraphs deal with protection from personal liability. I have no problem with that but I am a little puzzled by the terminology. Is not the position that there should be no personal liability for an act or omission unless it is not in good faith? The words that I am looking at are “shown to have”, which must mean something. I can think only that this is about the standard of the burden of proof. I have warned the Bill team that this is what is in my mind. My alternative to “shown to have” is simply “has”. One would have to provide evidence but there must be some distinction. There is something here that I do not understand but I would like to. It might be quite significant.

Amendment 94 would delete Clause 15(3), which provides that commissioners may not enter into agreements with each other about matters that could be the subject of a collaboration agreement. My question is: why not? Why not give the local bodies discretion? Is it not up to the local body to find the most efficient way?

Amendment 135 would transpose paragraphs 19 and 20 from Part 3 to Part 4 of Schedule 6. This is very esoteric stuff, for which I apologise. It is so that we might understand whether paragraphs 19 and 20 are not of general application—the general provisions are contained in Part 4—or relate only to the panels established by the Secretary of State, which are the subject of Part 3.

[Lord Harris of Haringey]

My Lords, the noble Baroness, Lady Hamwee, has not raised esoteric points; she has raised two fundamental issues. In one case I agree with her very strongly. In the other I disagree with her almost more strongly. As I understand them—I appreciate that they are probing—Amendments 33 and 34 effectively remove the power of the police and crime commissioner or commission, or whatever else we might have, to enter into contracts. That is an extremely dangerous amendment. It takes away one of the very powerful mechanisms or levers that whatever we end up with—the elected police and crime commissioner or the police and crime commission—will have in terms of its accountability responsibility. If the commissioner does not enter into these contracts, it must presumably be the chief officer of police who does so. This amendment further shifts the balance of responsibility away from the elected or indirectly elected body that holds the police to account to the chief constable. That is an extremely worrying principle. There is already too much in the Bill that places additional powers and responsibilities on the chief officer of the police and takes them away from the body that is supposed to hold the police to account. Given that the police have tremendous powers and responsibilities, some countervailing mechanisms are needed. That is what I thought the Bill was supposed to be about. I disagree; it has sold a pass in one or two instances and given excessive powers to the chief officer of police. However, this amendment would make it worse.

[Baroness Hamwee]

It might be helpful if I respond to that to save the Committee going down an avenue which I am certainly not suggesting that it should go down. My amendment would leave the right to enter into agreements but it seeks to understand the distinction between contracts and other agreements, whether legally binding or not. That is the simple thrust of my amendment. I am certainly not suggesting what the noble Lord indicates. One of the problems with probing amendments is that they sometimes seem to indicate something far more significant than is the case.

[Lord Harris of Haringey]

I accept that the noble Baroness is merely trying to elucidate what it means. It seems to me that in this case the Government are entirely sensibly trying to cover all the various types of agreement and contract that might exist. That seems to me what that part is about, and in my view that is why it should remain.

I turn to easier ground and to that part of the noble Baroness’s remarks with which I strongly agree. I find it bizarre that the Bill prohibits an elected policing body entering into a collaboration agreement with another. Surely, this is precisely what we hope would happen. I hope to see all sorts of networks of agreements between policing bodies around the country, perhaps to share back-office facilities or an agreement that one police area will develop an area of policing expertise and other police areas will agree that that body will take the lead in that matter. That seems to me eminently sensible. I find it strange that the Bill appears to prohibit that. I do not understand why the Government have gone down that road. If this is a probing amendment perhaps the Minister will tell us that we have completely misunderstood what the schedule is about. However, it seems to me that it cannot be interpreted in any other way. I thought that it was government policy to encourage this collaboration.

The Conservative Party, and probably the Liberal Democrats although I cannot remember their precise position on this issue, were deeply opposed to the idea of mergers of police forces when it was raised by previous Home Secretaries. They felt that this was a terrible diminution and that people would be affronted by changes in the hat badge if police forces in different parts of the country were merged. Their response was that they would want to see this sort of collaboration. Indeed, I recall the Minister for Police Nick Herbert pointing out at a conference that the proposals and discussions that were then—as I understand it—going on extremely slowly between police forces about how they might share helicopter services were a test case to establish whether police services and police authorities could collaborate under any circumstances. The message that I took from his comments was that if there was a failure to share helicopters in that instance, where there seemed to be an overriding case for doing so—however, the chief constables who wanted their own helicopters might argue differently—the Government would try to make that mandatory. I hope the Minister has received the advice that she needs on this point and that we will be told that that is not the Government’s intention. However, if it is the Government’s intention, perhaps they can explain why that is the case.

Police Reform and Social Responsibility Bill

Debate between Lord Harris of Haringey and Baroness Hamwee

Wednesday 11th May 2011 Lords Chamber

[Baroness Hamwee]

My Lords, I shall speak also to Amendments 23, 28, 149 and 237. This group of amendments proposes the shadow operation of the new arrangement. It is as well that for the purposes of this argument I do not need to spell out which arrangement that might be. However, it seems that there will be some sort of new arrangement—whether it be a single commissioner or a commission, as my noble friend has proposed.

I tabled these amendments thinking of recent experience at local government level. When new authorities were formed—most recently some new unitary authorities —it was the normal arrangement that there should be a transitional period involving shadow working of the new authorities. The most recent involvement related to the Local Government and Public Involvement in Health Act 2007 that provided for implementation arrangements by way of orders dealing with transition. I accept that local government is more complicated—or I did, at any rate, until about 7 pm—but it seems sensible to allow for a transition from the current police authorities to the new structure on an authority-by-authority basis. This is not an argument for staging the transfer at different times.

[Lord Harris of Haringey]

I am sorry to interrupt the noble Baroness in mid-flow, but as I understand it, if her amendment were accepted we would, after the phrase,

“A police and crime commissioner has”,

insert the words in her amendment. If police and crime commissioners have just been removed from the Bill, what are the words that her amendment follows?

[Baroness Hamwee]

The police and crime commissioner has not been removed from the Bill, in that Amendment 31, which was in the first group, provides for a commission consisting of, first, a police and crime commissioner. I am sorry if the noble Lord feels that we should disrupt debate about something which I think it is appropriate for us to discuss in principle. As the Government have decided tonight that we should go on, it seems a pity to forfeit the opportunity to talk about how any new arrangement might come into being. I would like to continue. Clearly, several noble Lords would not like me to continue.

[Lord Harris of Haringey]

I would be delighted to hear the noble Baroness expand the argument—