Police Federation (Amendment) Regulations 2015

Lord Rosser Excerpts

Wednesday 15th July 2015 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I begin by declaring that I am a member of the police service parliamentary scheme committee and I have also taken part in the police service parliamentary scheme itself.

I am grateful to the noble Baroness, Lady Harris of Richmond, for giving us an opportunity to discuss these regulations. The three speeches that we have heard so far have been eloquent and forceful. I am afraid that is not something I will be able to match, given that much of my contribution will be in the form of questions to the Minister as I am not entirely sure what these regulations mean in practice. I am sure he will be able to provide me with the answers since, as I understand it, these regulations have now been in force for some three and a half months, unless they have somehow been delayed. I hope that the Minister will respond on the basis of his experience of how these regulations are working and the impact they are having.

First, I refer to the report of the Secondary Legislation Scrutiny Committee. It is a fairly old report, given that it was published on 26 March this year. The committee stated in paragraph 8 of the report on the regulations:

“The concept of not allowing a closed shop to operate is well established but no-one, including the Home Office, is aware of a precedent for the proposal that members can opt into a ‘union’ and use its services without also paying a subscription”.

I would be grateful if the Minister would say whether he believes that is a fair statement—namely, that the Home Office is unaware of a precedent for the proposal. In fact, it is no longer a proposal but a reality in these regulations. Will he also say why the Home Office felt it was necessary to have this arrangement uniquely for the Police Federation?

As the Minister will also be aware, the Secondary Legislation Scrutiny Committee expressed surprise that no estimate of the predicted financial impact of this legislation on the federation had been provided. I am sure that will not be a surprise question for the Minister and that he expected it to be raised. Why was no estimate given of the predicted financial impact of this legislation on the federation, and why did the Secondary Legislation Scrutiny Committee feel moved to comment on that fact? What is the Government’s estimate of the predicted financial impact of this legislation on the federation, since, presumably, they have not embarked on bringing these regulations into force without knowing the answer to that question? Therefore, I would be grateful if the noble Lord would answer the question, which was also raised by the Secondary Legislation Scrutiny Committee.

If officers previously paid no subscription but then opted to pay one, can they at any time opt back into paying no subscription—for example, in circumstances where they received advice or support that led them to change from paying no subscription to paying one? Can they yo-yo to and fro between paying no subscription and paying one simply to cover the period during which they feel they require advice or support from the federation? Then, once they have had that advice or support, can they immediately opt back into paying no subscription? I would be grateful if the Minister would answer that question.

Can the Police Federation alone decide whether it will provide any level of service at all to officers who join the federation but decline to pay any subscription, or would it be stopped from doing this by these or any other regulations and be compelled to provide some level of service to officers who join but do not pay any subscription? At the moment that is not entirely clear to me from the information in front of me.

Paragraph 10 of the Secondary Legislation Scrutiny Committee report states:

“The Home Office also states that, apart from the provisions about specified matters outlined in these Regulations, legislation does not otherwise set out which members are eligible for what benefit. Further detail on the specific benefits that the Federation provides and the eligibility criteria for these benefits would be outlined in the Police Federation’s Fund Rules”.

That is a direct quote from the Secondary Legislation Scrutiny Committee, telling us what the Home Office has stated. In the light of that, do the Police Federation’s fund rules have to be approved by the Secretary of State, or is it a matter solely for the federation to decide what these rules say, provided that they do not conflict with the provisions about,

“specified matters outlined in these Regulations”?

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[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank the noble Baroness, Lady Harris, for tabling this debate. At this late hour, I have indulged in a quite unique experience of opening my fast at Ramadan at the Dispatch Box, so every day certainly brings a new challenge and a new experience. I also thank all other noble Lords for their contributions on this subject.

I say from the outset, in response to various points made by noble Lords, that the Government—the Home Secretary, all Home Office Ministers and I, as a Minister for countering extremism—recognise the important role that the police service plays across a variety of important areas, none perhaps more pertinent than some of the challenges we currently confront. Along with other Ministers and the Home Secretary, I was with the chief constables only yesterday at a conference where we looked at general policing issues and, more specifically, at some of the issues we face in countering extremism.

Turning to the issue under discussion this evening, the Government’s view is that it is vital that the Police Federation can command the trust of its members and the public. Sir David Normington’s independent review found that the federation had lost trust and it was clear that the organisation required fundamental reform, a point to which the noble Baroness, Lady Young, alluded. I take this opportunity to explain how the amending regulations assist with addressing this issue. In line with the Government’s statutory obligations, these changes were subject to a period of consultation with the federation last year. The Home Secretary was clear in her speech to the federation’s annual conference in May 2014 that the Government welcomed its commitment to implementing the Normington reforms. At the same time, she outlined her intention to make a number of additional regulatory changes to support greater transparency and accountability for the federation.

Since 1919, when the federation was established, all officers automatically become members on joining the police, as has already been mentioned. Every officer from the ranks of constable to chief inspector was compelled to join the federation. They had no choice. The statutory instrument, which came into force on 2 April, ensures that new officers now actively choose whether and when to join the Police Federation at any point in their service. It is therefore their choice. Officers previously had the right to opt out of paying federation subscriptions, and so forgoing certain member benefits or services, but this was not necessarily consistent or clear to officers. The recent changes mean that officers will in future actively choose whether to pay subscriptions and receive the services and benefits to which they entitle them. This in part addresses a question raised by the noble Lord, Lord Rosser. It is also vital that the federation earn the right to represent its members. These changes, which are integral to federation reform, will help ensure a future where that will be the case.

The unique status of police officers, and their importance to the public, means they cannot join a trade union. The federation was created by statute as the recognised mechanism for representing the interests of officers. However, this should not mean that it can complacently rely on all officers being members. That is why the changes made ensure that the federation cannot discriminate in respect of certain core services it provides to its members based on the date they choose to join and pay subscriptions.

I understand that the federation has objected to this change, comparing it to,

“a driver using an uninsured motor vehicle, having an accident, and then contacting the insurance company for cover after the event”.

This point was raised by both the noble Baroness, Lady Harris, and the noble Lord, Lord Rosser. However, there is a key flaw in this analogy. A motorist who is dissatisfied with their insurance company has the option of taking their business elsewhere. This is simply not the case for the thousands of rank and file officers up and down the country who continue to show professionalism, dedication and sacrifice in the line of duty. These changes are about putting power in these individual officers’ hands to influence their federation.

It cannot be right for a federation that fails to command the confidence and trust of its members to be able to hold them to ransom. The ultimate conclusion of the federation’s position is that all officers should become members as a form of insurance, rather than be convinced of the merits of federation membership. That is the opposite of what we are seeking to achieve, which is giving officers the power to decide whether the federation has set out a compelling case for membership. The federation effectively holds a monopoly when it comes to providing support and representation to police officers. It should not be able to use that position to threaten to withhold assistance from any officer who chooses to join later in their service.

The noble Baroness, Lady Harris, also asserted that this will lead to an unreasonable financial burden for the federation—a point also made by the noble Lord, Lord Rosser—in representing new members who have not “paid their dues” earlier in their career. We would dispute that. Although all subscribing officers should have access to the same support, a member who chooses not to pay subscriptions will continue to have only limited entitlements.

[Lord Rosser]

Does the Minister intend to go on to tell us what those limited entitlements are? Are they the same limited entitlements that I understand such officers are allowed now, and is it provided for in the regulations that they have some limited entitlements? I would be grateful if the Minister could spell out what they are. Are they actually set out in these regulations or are they in the regulations which I think the SI before us seeks to amend?

[Lord Ahmad of Wimbledon]

I will come to some of the specific points the noble Lord has raised. On the exact entitlements, it will be more appropriate for me to write to the noble Lord and other Members. I say to the noble Lord and to the noble Baroness, Lady Harris, that one of the issues raised was concern about the financial capacity of the federation to deal with changes that are being made. A review of the federation’s accounts last year found that it currently holds reserves of over £54 million. Indeed, the Normington review also recommended that the federation should reduce annual member subscriptions by 25% per cent, from an average of £258.96 to £194.22, given the level of federation reserves. In the very unlikely event that the federation finds itself in financial difficulty as a result of subscription income reducing, that would surely suggest that it had failed to convince rank and file officers of the merits of membership. That said, with the level of reserves currently held, that is highly unlikely.

The noble Baroness, Lady Young, also talked about a disproportionate response from the Government. In the interests of upholding openness and transparency, the instrument also clarifies the Home Secretary’s powers to scrutinise details of all funds held for federation purposes. Normington was also clear that the federation must convince its members and the public of the good value for money of the work that the federation undertakes.

Finally, at the request of the federation, the instrument also makes provision for it to reimburse police forces for the payment of salaries of members of the national federation’s joint central committee and for the central co-ordination of federation funds. This supports the Normington recommendation that there should be greater national oversight and transparency of federation finances.

If I do not cover all the questions that I have been asked this evening, I shall certainly review the contributions and write appropriately. On what the instrument does, the regulations laid on 12 March covered areas of membership, removing compulsory membership of the federation and applying a duty on the federation to inform new officers that they may opt in. Secondly, officers will pay subscriptions only if they actively choose to, and the instrument applies a duty on the federation to inform new officers that they may opt to pay subscriptions. On the accounts—this is a point that I have already made—it clarifies the Home Secretary’s powers to call in and scrutinise all the accounts held by the federation at national or local branch level, for all moneys held by the federation.

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The noble Lord also asked whether the federation was now required to inform each new officer of the non-compulsory nature of membership. The short answer to that is yes. The recent changes impose a new duty on the federation to inform new officers that membership is non-compulsory. This duty may be satisfied through internal communications to staff, on notice boards and through local representatives.

[Lord Rosser]

How will the federation know who all the new officers are? Will it be told by chief constables, or what? Is it left to the federation to find out who the new recruits are? Will there be an onus on the federation, or on the police forces to tell the federation whom has recently been recruited and whom it should give this information to?

[Lord Ahmad of Wimbledon]

The onus is on the federation. As I said earlier, it is for the federation to make the case for new police officers to say that they need to join the federation and tell them that it offers the services that it does. This is something that the federation will need to do to ensure that officers realise the benefits of being part of the body. Any representative body would have to make that case.

[Lord Rosser]

What the Minister is saying—and I am just trying to get this clear—is that the federation will have to advise any new officer who is recruited into a police force of the fact that they can join the federation but they do not have to and that, if they join, they do not have to pay any subscriptions: it is up to them. The Minister is saying that it is for the local branch of the federation to find out who the management of the local police force has recruited into the force. Surely, there must be some obligation on those who run the police force to tell the local branch federation whom they have recruited and whom the federation then has—as I understand it—a statutory responsibility to advise that they can join the federation but they do not have to. Indeed, if the federation does not do that, it is liable to a penalty. Yet the Minister is saying that it is up to the local federation to find out who the management has recruited into the local police force. Surely that cannot be right; it must be for the management or the local chief constable to tell the federation who the new recruits are.

[Lord Ahmad of Wimbledon]

I think that the noble Lord is putting words into my mouth. I did not say that—I said that it was for the federation to make the case for its membership. So I think that he should reflect on what I have said from the Dispatch Box. In his usual style, he has asked a raft of questions and, as I said earlier, on specific areas I shall reflect on contributions made and respond accordingly.

[Lord Rosser]

My Lords—

[Lord Ahmad of Wimbledon]

Perhaps I can make my point; I have listened to the points that he has made. Every police force locally and every local branch has a relationship. As it works currently, they will be informed of new recruits joining, and it is for the federation to make the case for new recruits to join. No doubt they will outline the membership benefits at that time. The important thing with these regulations is that they put the choice in the hands of the individual police officer. In any representative body, no matter what profession you are talking about, that is how it works.

[Lord Rosser]

I think that the noble Lord has answered the question. If he had answered it before and I had not heard him, I apologise. What the noble Lord has just said is that the federation will be advised of the new people who have joined the force, and that was simply the question that I was asking: will it be advised by the police force who the new recruits are, rather than the federation itself having to find out? As far as I understand, the Minister has now made it clear that the local branch of the federation will be advised who the new people are and therefore the people that the federation have to advise. That has answered the question I asked.

[Lord Ahmad of Wimbledon]

Perhaps the reason why there was some confusion on my part is that that is how it works now. There is no change. The noble Lord is perhaps pursuing a line that is actually currently the way it works. Perhaps I can move on, given the lateness of the hour, and answer some of the other questions. I assure him once again that if there is anything I have missed, I will seek to write to cover those points.

The noble Lord, Lord Rosser, also asked whether an officer could still receive benefit if they choose not to pay a subscription, and whether it was in the gift of the federation to decide whether it supports non-paying members. Prior to this arrangement, it was possible for an officer to withhold payment of their subscription, and as a result they were entitled only to a limited number of benefits, dictated entirely by the federation. It is entirely in the gift of the federation to determine what benefits it would provide to members who opt out of paying subscriptions.

The noble Lord, Lord Rosser, said that the PFEW is unique, in that members can access services as soon as they opt in. Yes, the PFEW is unique and police officers cannot join a union. As I said in my main contribution, the PFEW is the only organisation they can join in the rank and file and it is absolutely right that police officers, who do a unique job, have arrangements that give them access to strong representation.

The noble Lord, Lord Rosser, asked what the reference to “each new member” meant in new Regulation 4A(b). The reference is to a new member of the police force, not to a new member of the PFEW. The noble Lord asked other questions and I will seek to review the comments that have been made.

The Government of course value the incredible contribution that police officers up and down the country make and the vital role they fulfil. The relationship between the Home Office and the police remains very strong. It is a constructive relationship, and as I have said on several occasions this evening, it is the Government’s view that it is important for the Police Federation to earn the confidence of officers in order to make the best use of members’ subscriptions and represent them with transparency and integrity. The changes made by the Police Federation (Amendment) Regulations 2015 will assist in that.

The noble Lord Mackenzie asked about the recent PFEW survey and evidence that government policy is leading to low morale among officers. I assure him and all noble Lords that the Government are determined to ensure that policing remains a rewarding, professional and respected career, and our reforms are certainly seeking to achieve just that. Part of that is ensuring that the Police Federation represents its members with both integrity and transparency. I have already spoken about the Government’s strong support for our police forces.

We believe that the changes made by the Police Federation (Amendment) Regulations 2015 will assist the federation in ultimately regaining the trust of its members and indeed the public.