Policing and Crime Bill

Lord Rosser Excerpts

Committee: 2nd sitting (Hansard - part two): House of Lords
Wednesday 26th October 2016 Lords Chamber

Debate on whether Clause 37 should stand part of the Bill.

[Lord Rosser (Lab)]

Our key concerns about Clause 37 relate to the additional powers that could be given to police volunteers under this clause. I hope that in response the Government will set out in some detail the boundaries or limits of those powers that can be given.

Of course, the police could not do their job without a voluntary army, but a voluntary army should not do the job of the police. The Bill enables chief officers to designate a wider range of police powers to police volunteers. We are concerned that this measure may be a move by the Government to provide cut-price policing and we fundamentally oppose giving policing powers to volunteers to fill the gaps left by the drastic reduction in officer and staff numbers over the past five years. More than 40,000 policing jobs were lost between 2010 and 2015 as a result of government cuts to the police service: approximately a 30% cut in police community support officers; 20% fewer police staff jobs; and 13% fewer police officers. It is not appropriate that those people should be replaced by volunteers through the provisions in the Bill, particularly in roles that are clearly operational in nature.

As I understand it, there is a current agreement between the Home Office, the National Police Chiefs’ Council, the College of Policing and the police staff unions that police support volunteers should bring additionality to the police force, but the agreement goes on to say that they should under no circumstances replace or substitute for paid police staff.

Our police service has the power to use necessary proportionate force in appropriate circumstances. We do not want volunteers to be placed in roles that may require the use of force or restraint and which should be only for officers and members of police staff. Our police service has and needs the power to use force where necessary when carrying out its duty to protect the public. However, under our tradition of policing by consent the public also expect that there will also be accountability, proper training and high professional standards on the part of those who use force in appropriate circumstances. I suggest that those expectations can be met only by warranted police officers and, where appropriate, members of staff.

We are also concerned by the suggestion that there may be circumstances where volunteers will be placed in risky situations. Volunteers have an important role to play in supporting police, but should not place themselves in potentially dangerous situations. A police and crime commissioner for Northumbria has said:

“Rather than extending the role of volunteers, the Government needs to start funding police forces properly, to allow Chief Constables and Police & Crime Commissioners to recruit more police officers, who can go on the beat and serve local communities”.

To reiterate, we believe that the greater use of volunteers in the police service apparently envisaged under the Bill—we are not talking about special constables—is potentially dangerous, particularly in the context of the continuing cuts to police budgets. This year police services in England and Wales are facing real-terms cuts to their budgets which will not be backfilled by the local precept.

We believe it is dangerous to impose those cuts in the context of the provisions of the Bill, with the Government not saying precisely what the boundaries and limits are of what volunteers can and cannot do under the terms of the Bill. I hope that in responding the Government will now seek to remedy that and that the response will not reveal—as, going by the previous debate, I fear it will—that volunteers, rather than just bringing additionality to the police workforce, can in reality be used to replace or be substitutes for paid police staff because of the sheer range of operational and other roles they can be given under the terms of the Bill.

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[Lord Rosser]

I do not know whether I should have been declaring an interest throughout today’s proceedings but it is a bit of a shock to find that throughout them I have been clutching a pen on which is written: “Metropolitan Police Forensics—New Scotland Yard”, so I had better declare it now.

This has been an illuminating debate for me on some of the issues that confront the police over training, appointments and leadership under the present arrangements and organisational structure. If the noble Lord, Lord Blair of Boughton, wishes to discuss his amendment, I will be more than happy to do so. I can say only that I thought that we would find a significant conflict between the two sets of amendments, but now that I have listened to the debate, that does not appear to be the case. Perhaps the ideal would be if the noble Lords, Lord Dear, Lord Blair of Boughton and Lord Condon, produced an amendment with which all three of them could associate themselves if they wish to pursue the matter through to the next stage. Obviously, they will want to hear the Government’s response before seeking to make any decisions on that point. However I will leave it at that, and I certainly await with interest what the Minister has to say on behalf of the Government.

[Baroness Williams of Trafford]

My Lords, I almost hesitate to stand up given that I am surrounded by experts in this field—and I did not go to Oxbridge either. All noble Lords have said in different ways this evening that choosing our police leaders is of the utmost importance for the future of policing, and as the noble Lord, Lord Condon, said, we need to think about it now. We fully support initiatives to ensure that police leaders are drawn from different backgrounds. That is why the Government asked the College of Policing to carry out a leadership review for policing in 2014. We wanted to look at how we could open up policing to fresh perspectives, including by expanding external recruitment to the senior ranks in policing. The review also examined how we could encourage officers to gain experience outside policing before returning later in life and how we could open up senior ranks to candidates from different backgrounds.

The review, which was published in June 2015, was a landmark for policing, setting the agenda for change and for police workforce reform. Its impact is already being felt across policing, from the new qualifications and apprenticeships for those at the start of their careers to opening up police leadership through direct entry and senior secondments, as some noble Lords pointed out.

The review recommended that national standards for recruitment and promotion into all roles, ranks and grades should be established and that all vacancies are advertised nationally. Building on the qualities for professional policing which have been defined in the College of Policing’s new competency and values framework will help to ensure that there are clear and consistent standards for each rank. Advertising roles nationally will open recruitment and make it easier for officers and staff to apply for roles in other force areas—noble Lords mentioned that that does not happen as much as it should. The college has statutory powers to recommend that the Home Secretary makes regulations on a range of issues, including the qualifications for appointment and the promotion of police officers, thus ensuring that these are implemented across England and Wales.

As part of implementing the leadership review, the college is exploring how to improve the diversity of top teams by increasing the pool of candidates for chief officer posts and supporting police and crime commissioners in their selection processes and recruitment campaigns. They are also identifying development packages for those who are appointed from overseas or, as a result of the provisions in Part 1 of the Bill, from the fire service. To support this work, the college has led for policing by undertaking a survey of PCCs, as well as of chief constables and other senior police officers, to understand the issues around senior appointments and developing the talent pool.

It should be the norm that police leaders have a breadth of experience and that they have access to other professions and fields to harness new skills that they can apply in policing. We strongly believe that it is possible to learn from policing overseas, and that is why we have already given the College of Policing the power to approve overseas police forces from which senior police officers are eligible to be appointed as a chief constable in England and Wales or as the Commissioner of the Metropolitan Police. These are set out in the Appointment of Chief Officers of Police (Overseas Police Forces) Regulations 2014 and include forces from Australia, Canada, New Zealand and the United States.

We support the work of Chief Constable Andy Marsh, the National Police Chiefs’ Council’s lead on international policing, in establishing the Joint International Policing Hub to act as the single, recognised gateway for international policing assistance for domestic and global partners.

The amendments tabled by my noble friend Lord Attlee seek to open up recruitment to the senior ranks in policing. As I have set out, the Government are very supportive of initiatives to achieve this. However, we believe that this should be led by the College of Policing, as the professional body for policing, and that it already has the necessary powers to achieve this.

We deploy police officers overseas to pursue matters of interest to the UK and share our expertise. For example, we sent officers to France to work alongside the French police in dealing with football fans at the Euros.

The noble Lord, Lord Blair, clearly comes at this issue from a different perspective. Amendment 178A in his name seeks to enshrine in statute a presumption that all those who are appointed to chief officer rank must previously have served as a senior officer in a UK police force.

When we introduced police and crime commissioners in 2012, we wanted people to have a say in policing in their local community. We gave PCCs the power to appoint the chief constable because we recognised that this appointment was crucial to implementing the PCC’s policing and crime plan. PCCs understand what the local issues are and are best placed to understand the leadership requirements of their force. It should not be for the Home Secretary to give prior approval as to who is eligible to apply for each and every chief officer post that is advertised. That would not be practical or desirable. However, today I gave the noble Lord, Lord Blair, an undertaking—and I offer it to other noble Lords; I have such a field of expertise around me that I shall open it up—to have further discussions on this area. I would welcome them and would be very happy for them to take place before Report.

The College of Policing has the power to set standards for all police ranks and can introduce new measures as recruitment at senior ranks is opened up further. It has shown how successful it is at this with the introduction of the direct entry programme and the fact that talented people from other sectors are now working in policing. The college is now working to compare the skills, abilities and knowledge needed to be a chief constable with those of chief fire officers to develop a rigorous assessment and development package for those who are interested in the top jobs in policing as a result of the reforms in Part 1 of the Bill.

As I have indicated, the Government want the best people leading policing. We believe the best way to achieve that is to have open recruitment from a wide talent pool, national standards set by the professional body and local decision-making that reflects the needs of the force and the local community. I realise that we have gone past 10 pm, but I hope that the noble Earl will be content to withdraw his amendment.

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[Lord Paddick]

My Lords, my noble friend Lady Hamwee and I have given notice of our intention to oppose the proposition that Clause 48 stand part. The reason is that all officers of the federation hold public office. They are therefore all subject to the Nolan principles—the seven principles of public life. Can the Minister explain what is to be added by the clause, over and above the Nolan principles?

[Lord Rosser]

I will briefly make two points. I have a great deal of sympathy with the amendment that has been moved by my noble friend Lady Henig. I do not necessarily share the interpretation of the words “protect the public interest” that the noble Lord, Lord Wasserman, attached to them. I think that probably, under some of its other responsibilities to its members, the Police Federation would be entitled to pursue at least some of the issues to which he made reference.

Do the Government interpret this wording of “protect the public interest” to mean that the federation must put the interests of the public before the interests of the members of the police forces it is there to represent? Secondly, does this wording mean that legal proceedings or some other action can be taken against the Police Federation by someone who believes that it has not protected the public interest? If so, who can take such legal proceedings or such other action?