Police Reform and Social Responsibility Bill

Lord Hunt of Kings Heath Excerpts

Wednesday 13th July 2011 Lords Chamber

[Baroness Browning]

That the Bill be now further considered on Report.

[Lord Hunt of Kings Heath]

My Lords, it would be helpful to the House if the noble Baroness could give some indication of the Government’s intention. My reckoning is that there are 18 groups left to be debated on Report. Can she tell me at what point she intends that the House be adjourned tonight?

[The Minister of State, Home Office (Baroness Browning)]

My Lords, I come to the Floor of the House tonight ready to complete Report. I do that particularly for this reason: there have been times during the course of this Bill when we have made quite rapid progress, with the co-operation of both sides of the House, but noble Lords will know that I have amended this Bill so that Members of your Lordships’ House could apply for and carry out the function of a full-time police and crime commissioner. During that debate, I was persuaded by Members of this House that your Lordships could not only carry out their functions in this House but hold down a very demanding full-time job as PCC as well. Everybody will know that people who engage at that level are people who do not clock-watch but get the job done. They stay until the job is finished; that is what I intend to do.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, I found that the most remarkable response. The Opposition have been very co-operative on this Bill. We agreed to do Committee in six days and Report in four days. We did not agree that the clock should start at 8.35 of the evening. On average, we have taken about half an hour per group. At that rate, we would be meeting for another nine hours. I regard that as wholly unacceptable, as I am sure that other noble Lords will do. I suggest to the noble Baroness that a discussion should take place in the usual channels on an appropriate way forward. It is not acceptable to say to the House that, at this time of the night, we should start a full day’s debate on Report.

[Viscount Astor]

My Lords, before my noble friend replies, will she bear in mind that some of us who have amendments tabled for debate this evening intend to keep our speeches very short so that we will be able to conclude this stage of the Bill?

--- Later in debate ---

Moved by

[Lord Hunt of Kings Heath]

229A: Clause 63, leave out Clause 63 and insert the following new Clause—
“Acting police and crime commissioner
(1) Where a police and crime commissioner is unable to perform his or her functions under this Part, the relevant police and crime panel must appoint an acting police and crime commissioner from amongst its members.
(2) A person who is appointed to the role of acting police and crime commissioner under subsection (1) has the same powers and is subject to the same requirements as a police and crime commissioner, in accordance with this Act and any other enactment.
(3) In appointing an acting police and crime commissioner under subsection (1), the relevant police and crime panel must stipulate the maximum length of time that the person may hold that position.
(4) A person ceases to hold the position of acting police and crime commissioner—
(a) in the event that the police and crime commissioner is able to resume his or her functions under this Act;(b) at the end of the maximum term stipulated by the police and crime panel; or(c) as otherwise stipulated in this Act or any other enactment.”

[Lord Hunt of Kings Heath]

My Lords, we come to a very important matter: the appointment of acting police and crime commissioners. Whatever our views on this Bill, one thing is clear: the police and crime commissioners will have considerable power and authority over policing matters in their local police force area.

A second point is that, with the numbers so elected, inevitably there may be circumstances in which a police and crime commissioner may become incapacitated: they may be suspended, they may decide to leave office voluntarily, or they may die in office. Quite rightly, the Bill contains provisions for the appointment of an acting commissioner. That is well and good. However, the problem with Clause 63(2) is that an acting commissioner, appointed by the police and crime panel, can only be appointed if they are a member of the police and crime commissioner’s staff at the time of the appointment. The acting commissioner can exercise all the functions of a police and crime commissioner, other than issuing or varying a police and crime plan under Section 6, so the acting police and crime commissioner can dismiss the chief constable. They can set the precept and, as my noble friend Lord Beecham has reminded us, that can be around 9 to 11 per cent, depending on whether you are in England or Wales, of the total council tax bill.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, I think the point has been well put that the powers of the acting PCC could be considerable. I apologise to my noble friend Lord Beecham for underestimating the size of the precept. It seems to me that it has grown between Committee and Report stages. But it involves the precept, the budget, the appointment of the chief constable and the dismissal of the chief constable. I am still concerned that the problem here is the construct of the Bill. As my noble friend Lord Harris has said, once you decide to place on a political individual so much power and responsibility, you clearly have a big problem in deciding what to do if that person is no longer able to carry out the job.

It seems to me that this is a very important issue, which has been debated in the other place as well. The Government clearly still do not have a clue about how to deal with it. The noble Baroness said that she is concerned about appointing the acting PCC from the police and crime panel, which is an inherently political body. But what is the PCC but politicisation? In terms of the idea that the staff will be wonderfully neutral, what on earth will the staff be doing? I am horrified at the thought that the PCC will employ an army of people. It will have one point, which will be to ensure the re-election of the police and crime commissioner. What else are they there for but to support that person?

The noble Baroness has said that she will take this away. I am very grateful to her, but can she confirm that that means that she accepts that I can bring an amendment back at Third Reading or that she will? It cannot be dealt with in the Commons on ping-pong. It is impossible to deal with this issue in that way. It has to be dealt with by this House. We have only a few days left. Will the noble Baroness confirm that she is saying that this is a matter that requires further clarification and can be brought back at Third Reading?

[Baroness Browning]

My Lords, I will commit to bringing it back at Third Reading for clarification.

[Lord Hunt of Kings Heath]

My Lords, in that case I am extremely grateful and I beg leave to withdraw my amendment.

Amendment 229A withdrawn.

--- Later in debate ---

[Lord Dear]

My Lords, I wonder if I might put a different gloss on the matters that we are debating in this group of amendments. We know that there is a strong likelihood that there will be a national crime agency some time in the next calendar year. We already have a discussion document about that. It refers to tasking, which I am confidently assured means direction from the centre. That means that there is bound to be tension between local and national issues, which is a good thing. It is democracy in action. It is inevitable that the inspectorate will become involved, at the behest of local or national figures. That is what it is there for and that is my experience, having served in it for more than five years, albeit some time ago.

I am concerned that the Bill is in grave danger of becoming overprescriptive. We are covering detail, which is good as far as it goes. However, to put it in the Bill rather than take it as a matter of good sense or encompass it in regulation stretches too far the issue of what should be in the Bill.

I shall refer to Amendment 235A. Having followed an all-encompassing definition of national crime, we are then invited to put in something about children, vulnerable adults, members of minority groups and so on. I do not at all underestimate the threat to those groups; terrible things are done to and with them. However, if we are to pick out those groups, why do we not put in something about drugs, counterterrorism, and the theft of high-value motor vehicles and plant, all of which happen on a European—if not a more international—scale? Why do we not put in something about cybercrime or identity theft? I shall sit down soon because I want to brief, but my point is that we should not drop into the trap of being overprescriptive. Valid though all the comments from speakers so far have been, it is asking the Bill to accept too much.

[Lord Hunt of Kings Heath]

My Lords, this has been a very interesting debate. I understand what the noble Lord, Lord Dear, is saying about the risks of overprescription. However, we are talking about strategic policing requirements. This is a matter of national importance. My noble friends have argued very well for their respective amendments.

No election will be won by a police and crime commissioner on issues to do with national policing. They will be won on local manifestos. Almost every candidate will promise more police on the beat. The question will be an auction over just how many police will be on the beat at any one time. That is fair enough and clearly responds to a general view held by many members of the public, who like the police to be visible. I do not argue with that. However, it will have some consequences. It will put the squeeze on the specialist units that the police forces have developed. It will also put the squeeze on each force’s responsibility to the national policing requirement. In some way or other, without being wholly prescriptive, we need to find a way in which to reassure Parliament that the national strategic policing requirement will be carried out as effectively as possible. It is not just terrorism; it is also about serious organised crime. My noble friends Lord Harris and Lord Foulkes were absolutely right to develop the argument about the threats that we face. We are in no position today to be complacent about those threats.

In their approach to the Bill the Government have really rather pooh-poohed the current tripartite relationship. They have criticised police authorities for a lack of visibility—although I have yet to hear any conclusive evidence put forward on why they ought to be visible. Furthermore, they believe that the tripartite arrangement is at fault because Home Secretaries have indulged in too much target-making. There will be a debate about targets and their place but there should be no doubt that in the end the Home Secretary is accountable to Parliament and ought to be accountable to Parliament for national policing strategy and the effectiveness of police forces in making a contribution to that strategy.

I agree with the noble Lord, Lord Dear, about the implications of the national crime agency. I also agree with him that some tension will be constructive—but tension could also be destructive. In the Bill we see that the requirement in relation to the strategic policing requirement is placed on chief officers of police. In exercising the functions, they must have regard to the strategic policing requirement. In other words, they can ignore it, because “have regard to” is a very weak use of parliamentary language. They have to have regard to it, alongside other matters that are placed in the Bill.

We then look to page 2 of the Bill and see that in Clause 1(4) that the,

“police and crime commissioner must … hold the chief constable to account for”,

a series of actions, but also,

“the exercise of the duty under section 37A(2) of the Police Act 1996 (duty to have regard to strategic policing requirement)”.

All we have in statute is a requirement on the police and crime commissioner to hold the chief constable to account. Then we find that the actual requirement is simply to have regard to. What if the police and commissioner does not effectively hold the chief constable to account? What if the chief constable has regard to but does not take the necessary action? Where are the safeguards and sanctions? There are none. That is really our concern.

The amendments seem to be helpful and constructive. My noble friend Lady Henig asks for a report to be prepared assessing the extent to which the strategic policing requirement has been met in each police area. That does not seem overprescriptive; it is simply giving an assurance to Parliament that there will be a process by which Her Majesty's Inspectorate of Constabulary has a means of looking at each police force area and reporting on how they are doing in their contribution to the strategic policing requirement.

My noble friend Lord Harris has another constructive amendment around the inspection programme. In our first debate the Minister was very helpful, although I did not really follow her arguments. She was very constructive in being willing to engage in the area of the acting police and crime commissioner. Nothing is more important than the national strategic policing requirement. I hope that the noble Lord, who, I suspect, is going to respond to the amendment, will be able to be as constructive as his noble friend.

[Lord Foulkes of Cumnock]

My Lords, before the Minister replies to the debate, he will recall that nearly an hour and a half ago the government Chief Whip indicated that she would return speedily with a new timetable for this Bill to propose to the House. We are now approaching the normal time of rising of this House. I hope that the Minister will give an indication as to when the government Chief Whip will do us the courtesy of returning to indicate what the new timetable for this Bill will be.

--- Later in debate ---

[Lord Wallace of Saltaire]

There was a tension also about how much detail one writes into the Bill. We spent some time on these amendments with people wanting reassurance that there should be much more detail in the Bill than is required of them.

[Lord Hunt of Kings Heath]

With the greatest respect to noble Lords, a requirement for HMIC to publish a report annually is not a target; it is simply information to Parliament. Surely the Minister is prepared to consider that. As I have said, it is a very short time until Third Reading, but will he take this back without commitment and consider whether some reassurance might be made to Parliament on this?

[Lord Wallace of Saltaire]

In the next group of amendments we will move on to HMIC, and it is part of the requirement for HMIC that it will publish reports for the public, so HMIC will be publishing regular reports. The question of whether it should have to publish reports on a regular basis for Parliament is an additional thing of which I am not persuaded. I will certainly consult further but I am not currently persuaded that that is a necessary addition. Many years ago I took part in a debate which required the Government to report to Parliament twice a year on developments in the European Union so that there could be a six-monthly debate. Those reports have continued to be published and somewhere in my attic I have a number of them. I am a little doubtful about additional reports.

[Lord Hunt of Kings Heath]

Surely the Minister will know from the debate that we have had on the European Bill that many noble Lords in this House talk of little else.

[Lord Harris of Haringey]

Before Minister comes back on this, I say that this is not just about whether or not this is a document published for Parliament; it is about ensuring that there is a focus on the strategic policing requirement. That is something which the Government have not yet conceded. While I am on my feet, and to prevent me getting up again, can he tell us what he actually means by a situation report? Does that mean that when we get to Third Reading which, as far as I am aware, is still only a few days away, we will have in front of us some idea as to what this document will look like?

--- Later in debate ---

[The Deputy Speaker]

My Lords, I am much relieved that I was interrupted, because Amendment 235A is in the name of Baroness Hamwee.

Amendment 236 is grouped with Amendment 235, on which we have just had a Division.

[Lord Hunt of Kings Heath]

With the greatest respect, it was pointed out earlier that there is a misprint in the grouping list. My noble friend made it clear that there is a group starting Amendments 236, 237 and 238.

[The Deputy Speaker]

I beg your Lordships’ pardon. That information had not reached me.

Clause 85 : Functions of HMIC

Amendment 236

--- Later in debate ---

[Baroness Harris of Richmond]

My Lords, I have put my name to Amendments 236, 237 and 238 which were tabled by the noble Baroness, Lady Henig. We are being asked to support nothing less than a revolution in policing governance in the absence of any evidence base on which the benefits of such drastic changes are set and in the absence of any public clamour for costly reform—indeed, the opposite. We are being told that these changes will not be piloted or introduced in stages since reform is urgent and cannot possibly wait. I beg to differ on all those counts.

However, if we are to press ahead with such an untried system, I am absolutely determined that we should do our duty to ensure that all means possible are employed to insert safeguards into the Bill. HMIC inspections seem to me to be a bedrock of any such safeguards against potential pitfalls and I share the high regard in which Sir Denis O’Connor, Her Majesty’s Chief Inspector of Constabulary, is held, together with his extremely able team.

In short, HMIC inspections are at times a difficult and challenging process for those undergoing them and they have repeatedly yielded the improvement across policing, which is at the heart of HMIC’s mission. So I am left, frankly, bemused when the Government propose not to expand but to constrict the use of this valuable tool for improvement. It makes no sense at all effectively to exclude these completely new systems of oversight from an inspection regime when that regime has already helped the current system to improve.

Next, I shall draw out the intention of Amendment 238, which removes the proposed new obligation on the local policing body to reimburse HMIC for the costs of its inspection. We have heard what the noble Baroness, Lady Henig, thinks of that. We have sought to replace this with a statement that the panel may request that HMIC conducts an inspection if its concerns warrant such an intervention. I am unaware of any other inspection regime in which those delivering a public service, or who invite in or are made the subject of an inspection in the interests of public trust and confidence in their work, are expected directly to cover the costs of their inspection. Surely, in some cases an inspection will be called amidst quite serious financial issues or challenges. This idea that those opening themselves up to scrutiny in the public interest must pay for the cost of such transparency seems decidedly odd to me, even bearing in mind the parlous state of Home Office finances at the present time.

It also seems to me to be the most bizarre disincentive to those on the panel or on the commissioner’s staff who are considering whistleblowing on what might be significant issues of public interest or concern. A whistleblower or concerned panel member or local policing body member would have to gain pre-emptive approval for the costs of a possible investigation from someone who might be implicated in the very dubious activity that necessitates the inspection.

This parcelling of costs on to the petitioner for an inspection feels wrong to me on a very instinctive, but also on a very practical, level. Surely the Home Office should be seeing fit that the costs of HMIC’s absolutely essential work should be met by a Home Office grant. It would seem to be neglect approaching a dereliction of the Government’s duty to do otherwise. We have proposed that this apparently ill suited new subsection (2BB) should be replaced by a positive power for the panel that it should be able at any time to request that HMIC carry out an inspection of the PCC.

No one will be more aware of the PCC’s action or inaction in some areas than the police and crime panel since it is designed as her or his safeguard and strict check and balance. However, while the panel will be equipped to oversee the PCC in most areas, it may feel that there are issues on which it lacks a professional operational judgment on a matter of controversy. In such circumstances, it may not be appropriate to pull the chief constable into what could amount to a difference of opinion with the PCC. Who then can the panel turn to for that necessary professional advice and impartial opinion?

Finally, there should be a direct and clear ability, and a responsibility on the panel, to be able to involve HMIC appropriately. HMIC could, of course, take a view that it was being asked to get involved in a petty or irrelevant matter and could decline the invitation. However, we anticipate that this referral mechanism to HMIC will provide a helpful bridge to practical improvement for many forces facing difficulty in the future, as it so often has in the past.

[Lord Hunt of Kings Heath]

My Lords, all I would like to say on the amendment is that we have discussed in previous debates the inconsistency between different parts of government in relation to inspection. I must declare my interest again as chair of an NHS foundation trust and as a consultant trainer in the NHS. NHS foundation trusts, which the Government support, were meant to be given much more freedom than other NHS bodies but they are still subject to the tender mercies of a regulator called Monitor. For the life of me, I cannot see why the Government have taken such a light-rein approach to the construct in the Bill when we have such an excellent inspectorate in the form of HMIC. These amendments seem wholly constructive. By the grace of the usual channels, we have been given a little extra time—a day—to consider these matters. Is this not a matter which the Government might take back and consider?

[Baroness Hamwee]

My Lords, with regard to fees, I do not know whether my noble friend is in a position to give any comparables, but I think that local authorities have to pay—or have had to pay—for Audit Commission inspections and that it is the Audit Commission that has set the rates. There must be comparables. Maybe there are comparables which go either way; I do not know.