Policing Protocol Order 2012

Lord Imbert Excerpts

Wednesday 25th January 2012 Lords Chamber

In a sense, I regret that we have to spend time tonight debating this, although I understand entirely why we are doing it. We could hardly fail to do so, given the remarks of our Merits of Statutory Instruments Committee. All I would say is that we should try to let good sense, and a sense of balance and mutual respect, flourish in this projected environment. We know that the Minister will review it, when we have had a chance to see whether it has bedded down. It probably is a meritorious decision to do that at the 12-month point, and perhaps again at the three-year point, to make quite sure that we are picking up problems before they get too large. However, let us try to treat both PCCs and chief constables as mature individuals who can rely on the protocol for guidance, and who know that it can be properly amended, in the knowledge that, so far as we are concerned, the professionals in play today are satisfied with the protocol as it stands.

[Lord Imbert]

My Lords, you will be relieved to know that my contribution on the Motion will be very brief. I am grateful to the noble Lord, Lord Hunt of Kings Heath, for having secured the time for this debate. I will not go over the ground that he so ably and wisely covered. Suffice it to say that every effort must be made to maintain the global reputation of the British police for being the world’s leader in impartial policing, without fear or favour—no matter the colour of a person's skin, their origin, political beliefs or station in life.

So far as the consultation on the protocol for policing is concerned, I repeat the comments that I made when the matter was debated in your Lordships’ House many weeks ago. We had been assured and reassured, right from the time when the police reform Bill was introduced, that the fear that the election of police and crime commissioners could be hijacked by political extremists was without foundation. Yet we now find that the Government have had second thoughts, and we now have a protocol setting out the boundaries within which the chief constable and the police and crime commissioner will work. I congratulate the Government on their political courage and good sense in accepting that, perhaps after all, such a protocol is necessary to ensure that a maverick PCC or, indeed, chief officer does not upset the essential balance required for the continued good governance of policing, and that the chief constable's traditional pursuance of non-political, impartial policing is preserved.

I support the regret Motion moved by the noble Lord, Lord Hunt of Kings Heath, but if I may, I will finish with one plea. My final comment is to ask that the Home Office finalise the financial management code—as he who pays the piper calls the tune. I trust that this code, after proper consultation, will help to curb any misunderstandings over financial responsibilities and control for all the stakeholders in this new governance structure.

[Baroness Hamwee]

My Lords, I was a little surprised when I saw the terms of the Motion because having lived through the Bill, as other noble Lords did, it seemed that the issue of a protocol was consulted almost into the ground. However, I realise that there may be a distinction between consultation on the content of the protocol and consultation on the statutory instrument. I should fess up; I am a member of the Merits of Statutory Instruments Committee, but I was not there on this occasion. That committee is always particularly sensitive to the need for consultation alongside there being adequate time for Parliament to consider an order before it comes into effect, so I can understand how this arose.

I wondered whether it may have been that the complaint was not about the time spent on consultation but about the fact that the consultees had not come from a sufficiently wide group of people. I am not sure that it could have been different at the time that the work was going on last year, but the landscape will change. There will be more players in place, and I for one am reassured by paragraphs 43 and 44 of the protocol. Paragraph 43 refers to,

“periodic review, in particular during the first term of office of the first PCCs”.

The noble Lord, Lord Hunt, has suggested that that should be a quite early review. That would be useful, because we will then see in office not only the commissioners but the police and crime panels. Police authorities have taken part in the consultation but the police and crime commissioner—I emphasise “crime”—has a wider remit than simply the policing function. I would like to see local authorities, possibly through the panels but in their own right, involved in any further consultation that might take place.

As has been said, this started as a concern about what was meant by “operational”. As I understood it from the fringes, there was endless drafting and discussion involving those who were most concerned about it. I heard one of those individuals say that by the end of it he wondered whether there was any need for a protocol at all. However, we have a statutory protocol and, as the noble Baroness has said, that was because there was such a call for it in the House. We are in an interesting position; we have something of a narrative in the order, which is almost a plain English guide to the statute. Regard has to be had to the protocol, but perhaps the Minister can give the House some assurance this evening as to the status of the protocol as against the statute. I assume that the statute must override it if there is any conflict, but I am not suggesting that I have seen any conflict.

As I read this, the protocol deals not just with “what” but with “how”. That comes not only from the protocol itself but from Section 79(6) of the Act, which says in the definition of policing protocol that it is a document that makes provision for,

“ways in which relevant persons should … exercise, or refrain from exercising, functions”.

So that has a purpose of its own as well.