Police Reform and Social Responsibility Bill

Lord Ramsbotham Excerpts

Wednesday 20th July 2011 Lords Chamber

[Baroness Hilton of Eggardon]

I, too, speak in support of Amendment 3. In earlier stages of the Bill I spoke about the dangers of police and politicians becoming too close. These dangers are exemplified by the current crisis in the relationships among the police, press and politicians. At one time in my police service, when David McNee was commissioner, we were quite explicitly forbidden from speaking to the media. This changed when Ken Newman became commissioner, and we were encouraged to be more open and democratic and to explain police actions to the public. Unfortunately, when a channel of communication is opened, it becomes a two-way street. The wrong information may flow from the police and inappropriate influence may be exercised by the media on the police service. Relationships develop and become too close or antagonistic, as they have in this current nexus of police, press and politicians.

This is a model of what will happen once these elected police commissioners are in post. In the past, politicians were treated by the police service with respect but not deference. Now, politicians, who necessarily represent factions in society and whose concern is a short-term desire to be re-elected, will have excessive influence and we will be back to the bad old days of the excessively politicised watch committees that we used to have in some of our major cities. By emphasising the importance of impartiality, this amendment would offset these political pressures to some extent and go some small way towards establishing an explicit code of conduct for the police and crime commissioner. I therefore hope that the Minister accepts it.

[Lord Ramsbotham]

My Lords, I put my name to this amendment out of consistency with what I have been saying at various stages throughout the Bill’s passage: namely, that, despite the fact that it is called a police reform Bill, there is precious little in the Bill about police reform and it is all about the reform of police governance. Therefore, anything that would support and help the police must be welcomed. I notice that today we are to have a Statement on public confidence in the police. It is the police on which we should concentrate. I hope that noble Lords have read the excellent, thought-provoking and very timely article in today’s Times by my noble friend Lord Dear about leadership in the police.

Therefore, it seems to me that this amendment, which talks about the need for the police and the crime panel to support the police and help them in what they do, is entirely in line with what we should be trying to achieve in the Bill. The governance that we have spent so long talking about is actually miles away. Mindful of what Lord Acton, I think, said about hindsight being the privilege of the historian, I suspect that, in view of what we have had disclosed in the past two weeks, if the Government were introducing this Bill today, it might be a very different Bill, which I hope would concentrate more on the police than on governance.

--- Later in debate ---

[Baroness Harris of Richmond]

And finally, I cannot resist asking the Government why they have resisted making the protocol statutory until now. It certainly does not deal with what would have happened in similar circumstances under the proposed new regime where the chief police officer would have been in charge of dealing with allegations against his senior team.

This has been my last main speech in this debate. I have found it profoundly the most debilitating, distressing and appalling police Bill that has ever been my misfortune to have dealt with in the 12 years that I have been in your Lordships’ House. I regret deeply that there has been no real concern placed on looking at what my noble friend earlier called, “the very important checks and balances”. They are not here.

[Lord Ramsbotham]

I speak particularly to subsection (6) of the proposed new clause, which presents a very neat way out of the issues of the British Transport Police and the British Transport Policy Authority that I raised on Report. In doing so, I thank the noble Baroness, not just for the way that she has conducted this Bill through the House, but also with the speed with which she, the Secretary of State for Transport and the noble Earl, Lord Attlee, responded to the points that I made and had a meeting to discuss them. In subsection (6), it describes the police protocol as,

“a document which sets out, or otherwise makes provision about, ways in which relevant persons should … exercise, or refrain from exercising, functions so as to … encourage, maintain or improve working relationships (including co-operative working) between relevant persons, or … limit or prevent the overlapping or conflicting exercise of functions”.

That seems to be precisely at the heart of the very long delay—10 years’ delay—in bringing the jurisdiction and powers of British Transport Police constables and the definition of their chief officer’s role together with those of the Home Office police.

At Second Reading, I mentioned that there was a certain urgency in this because the transport police have a key role to play not just in anti terrorism but in the run-up to and progress of the 2012 Olympics. Therefore, as I say, something needs to be done quickly. There is a way out if you accept that the British Transport Police and the British Transport Police authority should be included in the protocol to the extent that the annual police plans, which have to be drawn up by the police and crime commissioners, should include the operations of the British Transport Police. You thus get over all the problems associated with them because they have to be resolved with the measure. For example, the licensing issue, which particularly affects transport hubs and is a matter of concern, and the proper licensing of firearms rather than requiring every constable to get an individual one, would have to be done not as separate issues but as part of a plan in every area. I was disappointed to hear that when the British Transport Police raised this at the meeting with the Secretary of State, officials said that it was inappropriate because the protocol applied only to the Home Office police. That is precisely why it presents the ideal vehicle. I hope very much that the Minister will assure the House that that approach will be followed.

[Lord Hunt of Kings Heath]

My Lords, I have an amendment in this group. I thank the noble Baroness for bringing forward her amendment. We have debated establishing a protocol and giving parliamentary endorsement to it, so that is very welcome. I also echo the remarks of the noble Baronesses, Lady Henig and Lady Harris, who expertly identified the flaws in the Bill. I very much support my noble friend’s amendment. I also support what the noble Lord, Lord Ramsbotham, said. He made a very good point. I hope that the noble Baroness will respond to him.

I have a very modest amendment in this group—Amendment 12. The noble Baroness’s amendment contains an order-making power. Essentially, the order-making power applies to the issuing, varying or replacing of a policing protocol. My reading is that that will be a negative SI. I think that it ought to be an affirmative SI. I refer the noble Baroness to the guidance given by the Delegated Powers and Regulatory Reform Committee. It states:

“A supplementary memorandum must be submitted when any Government amendment is tabled which introduces a significant new delegated power”.

I checked last night and I know that her department issued a supplementary memorandum in relation to amendments to Clause 59(2)(c), and that a two-page memorandum has been produced. However, I have not discovered a memorandum issued in relation to this amendment. I hope that the noble Baroness will clarify whether such a supplementary memorandum has been issued.

However, the real point is the following. From all the comments that have been made, right from Second Reading through to today, the importance of this protocol is not in doubt. Given that it is an order-making power, I fail to see why the noble Baroness’s amendment does not refer to an affirmative order. It ought to be an affirmative order to stress the importance of this matter. I hope that the noble Baroness will be able to give me some comfort on that.

--- Later in debate ---

[Baroness Browning]

My Lords, I am grateful to noble Lords for their concern about what happens to me when I go back to the Home Office of an evening. I can assure noble Lords that I have been around long enough to take care of myself. In a week when women have discharged their duties in this respect, I can tell noble Lords that I was once trained in Tae Kwon-Do, which may come as a surprise to noble Lords. I know it does not look like it when you look at me now, but I am sure that I can remember a bit of it if I ever need to use it.

I begin with the point made by the noble Lord, Lord Ramsbotham, about the British Transport Police. The protocol focuses on Home Office forces and does not apply to the BTP. However, as he has acknowledged, we have opened up consultations that I hope will be more fruitful than those of 10 years ago. We will make sure that the points he has raised are subject to further consultation. As I indicated on Report, although I fully understand the pressing need to address the concerns of the BTP, I am not able to put them into the Bill. However, I hope that the noble Lord is reassured that we are taking his concern very seriously. There would obviously need to be more formal consultation at this stage before amending the Bill in any way to accommodate the needs of the BTP.

[Lord Ramsbotham]

I am very grateful to the noble Baroness.

[Baroness Browning]

I am grateful, too. I turn to Amendment 10. I hope that the response of the Government to the very public developments over the past few days with regard to the Metropolitan Police Service indicates that the necessary powers are already in existence to achieve what I believe the amendment of the noble Baroness, Lady Henig, seeks to place in the Bill.

The Home Secretary has a power, as we have seen this week, to direct HMIC to undertake work such as a review, and for that review to be published. The IPCC is an independent body. Matters for investigation are referred to it, and it is for the IPCC to determine how best to undertake its investigation. HMIC may look to the findings of IPCC investigations to assist in its inspection conclusions, but we must be clear that the IPCC cannot and must not be used as a tool to undertake certain areas of inspection or be placed under the direction and control of another accountable body.

If there is a matter related to the ethical conduct of any party to which the protocol applies, the Metropolitan Police authority has demonstrated how this can and should be dealt with in the future by the Mayor’s Office for Policing and Crime. It is the accountable authority that shall make a referral to the IPCC, and the IPCC shall be free to determine how that matter is investigated without fear or favour. I therefore suggest that there is no need for this amendment and that we should take a degree of assurance from the existing structures and mechanism that have been put into action this week. On that basis, I ask the noble Baroness to consider withdrawing her amendment.

Amendment 12 in the name of the noble Lord, Lord Hunt of Kings Heath, would make the protocol subject to the affirmative resolution procedure, as opposed to the negative resolution procedure. This amendment was spoken to by the noble Lord, Lord Soley, and others. It is not necessary because the government amendment put before this House for the protocol to be given a statutory footing would also require the Secretary of State to consult with all interested parties before varying or replacing the protocol. It is also the case that whether the SI is affirmative or not, the detail of the protocol cannot be amended by Parliament.

A consultation that will inevitably focus on the interpretation of the statute provisions for those parties is attached to this requirement, and a draft revision will emerge. Where there is a clear discrepancy, then either House will be able to challenge the proposed protocol. In our view the negative resolution procedure affords the right level of parliamentary scrutiny.

Other Members of your Lordships’ House have spoken on wider issues beyond the amendments before us. I ask noble Lords with amendments in the group not to press them and ask the noble Baroness to withdraw her amendment.