Police: Report of the Committee on Standards in Public Life

Lord Rosser Excerpts

Monday 23rd November 2015 Grand Committee

[Lord Rosser (Lab)]

My Lords, I, too, extend my thanks to the noble Earl, Lord Lytton, for securing this short debate, which enables us to consider the valuable and timely report of the Committee on Standards in Public Life on leadership, ethics and accountability in policing. It has been particularly helpful to have heard in this debate from the chair of the committee, the noble Lord, Lord Bew.

The creation of police and crime commissioners and the associated governance arrangements has clearly been the driving force behind the committee’s decision to undertake this report, which is the first one in the committee’s history that has looked specifically at policing. As the report says:

“Trust in the police is vital—from the Chief Constable to the most junior police officer. Police ethics—their honesty, their integrity, their impartiality, their openness—should be beyond reproach … High standards—of both conduct and accountability—also need to be demonstrated by those charged with holding the police to account”.

I believe that, for the overwhelming majority of time, the police achieve the standards required of them —a view supported by the survey undertaken for the committee. However, any straying from those standards must be a cause for concern.

The report does not deal with issues relating to the impact on police officers of cutbacks in staffing, but it would be unrealistic to imagine that poor morale among officers, chief constables and the Metropolitan Police Commissioner in expressing concerns about the impact on effective policing and police numbers of further projected financial cuts, at this of all times, and a Government who have created uncertainty over intended changes in the police funding formula, does anything at all to promote or enhance the kind of culture or standards in policing referred to in the report. I hope that, in considering this report, the Government have taken and will continue to take a look at the impact of their decisions and decision-making on leadership, ethics and accountability in policing.

In his foreword to the report, the noble Lord, Lord Bew, states in respect of police and crime commissioners that there has been evidence of a,

“new impetus in many areas—greater innovation, increased visibility and a greater focus on community engagement and victim support”.

However, he then goes on to say that,

“there is also clear evidence of significant standards risks, including continuing confusion over roles and responsibilities, insufficient challenge and scrutiny of PCCs’ decisions and insufficient redress where a PCC falls below the standards of behaviour that the public expects of a holder of public office”.

A great many, if not all, of the issues referred to by the noble Lord, Lord Bew, were raised and, I would have to say, largely dismissed, by the then coalition Government during discussions on the Police Reform and Social Responsibility Act 2011. At that time, the Government’s attitude was to get the Bill through as quickly as possible and then hold elections for police and crime commissioners with their very considerable, relatively unchallenged powers, as has already been said, irrespective of how few people might vote in the elections. Detailed considerations on what would be appropriate structures, roles and responsibilities, checks and balances and effective and necessary governance arrangements did not appear to have the same priority.

This report by the Committee on Standards in Public Life forms a basis for a proper discussion of some of these issues, at least where they relate to the role and functions of the committee. I hope that it is an opportunity that the Government either are taking or will take. However, the omens are not all positive. In a parliamentary Written Answer a month ago, in response to a question about the effectiveness of police and crime commissioners, there was no mention of any of the specific issues that had by then been raised in the report by the Committee on Standards in Public Life or, indeed, of any government consideration being given to those issues. Presumably, the Minister will give a government view on the committee’s 20 recommendations —not least, those that seek to address the “significant standards risks” identified by the committee, including a,

“confusion amongst the public and the participants about roles and responsibilities, especially in relation to where operational independence and governance oversight begin and end … a significant absence of a clear process to take action against a PCC whose conduct falls below the standards expected of public office holders, resulting in that behaviour going unchallenged and uncensured … concerns about the robustness of current selection processes for chief officers … PCCs not encountering sufficient constructive challenge or active support in exercising decision making powers … barriers to the effective operation of Police and Crime Panels as scrutinisers including support, resources and the consistency and credibility of representative membership … a lack of timely and accessible information being provided to Police and Crime Panels by PCCs affecting Police and Crime Panels’ ability to scrutinise and support the PCC”,

and,

“potential for high risk conflict of interests in roles jointly appointed by PCCs and Chief Constables … and risks inherent in the combined role of Chief Executive and Monitoring Officer to the PCC”.

Those issues were all raised in the report from the Committee on Standards in Public Life.

It also referred to confusion between and inherent tensions in the current police complaints system and the complaints system attaching to PCCs, and a gap in the expectations of the public in how complaints against PCCs would be resolved, especially when this involves unethical but not criminal behaviour. The Committee concluded that, combined, the factors to which I have just referred also impacted on the ability of police and crime panels to ensure—it is part of their role—

“that decisions of PCCs are tested on behalf of the public on a regular basis.”

Like other noble Lords who have spoken, I look forward to the Government’s response, which I hope will promote rather than shut down further debate, bearing in mind that the current police model is the one the present Home Secretary introduced and presumably felt would work effectively.