Police, Crime, Sentencing and Courts Bill

Lord Judge Excerpts

Report stage
Wednesday 12th January 2022 Lords Chamber

As your Lordships know, the Home Office has rushed in an amendment to partly tackle that illegal behaviour by the College of Policing. It will be dealt with on Monday, so now is not the time or place to talk about it. I will say more on it on Monday. However, it seems to make the point abundantly clear that when guidance is invented not in an Act, not even by secondary legislation, but by a third party outside parliamentary control, the rights of the subject can be imperilled, no matter the decency or the integrity of the people making those regulations. The College of Policing no doubt does some good work, but it should be an arm’s-length government body approved by Parliament, not a private limited company. All I want to hear from the Minister tonight is when this organisation will be put on a statutory footing in an Act approved by Parliament. I beg to move.

[Lord Judge (CB)]

My Lords, I put my name to this amendment because it raises some important and delicate issues. I follow the noble Lord in asking: can we please have a date? Can we at least be told that somebody is considering the position of the College of Policing? As he said, it is a company under the control of the Secretary of State with no statutory basis.

There is no problem with the College of Policing issuing guidance to police officers about how police officers should go about their responsibilities, as that is what it is there for. However, the college, a non-statutory body, is being required or invited by the schedule to this Bill—we are not going to look at that now, because it is too late and we all want to go home and there is a lot more business to come—to issue guidance which will impact on bail decisions. Bail is a question of liberty; it will impact on that. We are told not to worry because there is no liability one way or the other for not following the guidance, but we are also told that a court considering an issue such as this may take into account whether the guidance issued by the College of Policing on this issue has been followed. My point is very simple and very small compared to the major issue raised by the noble Lord, Lord Blencathra. It is: should instructions or guidance issued by the College of Policing have any impact whatever on a decision made by a court that a citizen should or should not be granted bail?

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I support my noble friend Lord Blencathra. He and I have been chasing down issues with secondary and, tonight, tertiary legislation for some months and have produced reports to that effect that I think have found favour in your Lordships’ House, bearing mind the number of noble Lords who wished to speak in the debate tabled by the noble Baroness, Lady Cavendish, last Thursday.

Government by Diktat, the title of a report by the Secondary Legislation Scrutiny Committee, which I chair, is alive and well and living with the situation that my noble friend wishes to remedy. The issues of regulation and guidance, of who provides the guidance and of how enforceable it is are questions with which the SLSC has been struggling. However, if we have been struggling with that, when it comes to this latest idea the guidance will not even touch the sides of the regulatory process of your Lordships’ House. We as a House will be presented with a series of faits accomplish, and unless somebody is able to persuade the usual channels to find time to debate something, we will just be told, “There it is and off we go”.

That is not a satisfactory situation. It is part of a much wider issue of how we deal with secondary and, in this case, tertiary legislation, but my noble friend Lord Blencathra has done a valuable service by bringing this case to the surface. We will make progress in this area only if every time we see this sort of thing emerging we raise it, talk about it and try to deal with it. That is why I support the amendment and put my name to it.