Police and Crime Commissioners

Lord Rosser Excerpts

Monday 29th April 2019 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I too add my congratulations to the noble Lord, Lord Lexden, on securing this debate and on his powerful and forthright speech.

This is not the first time that we have discussed the role of police and crime commissioners. It is also not the first time that we have discussed the role of the Wiltshire police and crime commissioner in relation to Operation Conifer, which investigated allegations of child abuse by Sir Edward Heath and ended up, in many people’s eyes, besmirching the late former Prime Minister’s reputation on the basis of evidence unknown. The PCC declined to commission a review of the operation, even though it appears that he thought such an independent review of his force would be reasonable. The then Home Secretary declined to exercise her powers to commission such an inquiry on the grounds that it was a local policing matter, when the only thing local about it was the fact that Sir Edward, when alive, lived in Wiltshire. So here we see the advantage of having not one but two elected people in a position of authority over the way a police force conducts its operations: we end up with a difference of view and nothing happening at all, with the interests of the person whose name has been besmirched apparently of no importance at all to either of the two elected individuals concerned.

One suspects that the Home Secretary was determined not to appear to overrule the Wiltshire police and crime commissioner, because the Government had always argued that the accountability of police forces to the public they serve would be enhanced by the creation and election of PCCs. A Home Secretary overruling a PCC, however justified, would hardly be an argument in support of that case. Yet the Home Secretary has the power to give guidance to PCCs about the matters to be dealt with in their police and crime plans. This is in part, no doubt, since police forces have to discharge national and international obligations—determined presumably by the National Crime Agency and certainly by the Home Secretary—irrespective of the manifesto on which the PCC might have stood to get elected and of what the PCC might consider to be local needs and priorities. Can the Minister say on how many occasions the power of the Home Secretary to give guidance has been exercised, what guidance has been given and whether it has been followed by all PCCs?

The Home Secretary also has overall political responsibility for policing policy and national police funding, for which he or she is accountable to Parliament. Yet a police and crime commissioner has an obligation to ensure that their police force is efficient and effective. How can they do that if the funding from the Home Secretary is insufficient and they are in reality, as has been said, restricted over the amount they can raise through the precept?

The issue has been raised today of alleged rape victims having to hand in their phones to the police or risk the police investigation into their case being dropped, and the associated introduction of a standard national consent form to replace 43 separate police forms. It is not clear whether this is being done on the initiative of the police, the Crown Prosecution Service, the Home Secretary or, indeed, all three. But it does not seem to have been driven by elected PCCs, who will presumably have to accept the new arrangement, which is a move to more central control. Or is it not the case that the PCC in each police area will have to accept the new arrangement announced today? Again, perhaps the Minister could clarify that point.

In 2015, the Committee on Standards in Public Life found confusion among the public, chief constables and PCCs about roles and responsibilities, especially in relation to where operational independence and governance oversight begins and ends. The very helpful documentation from the House of Lords Library for this debate includes a research document commissioned by the National Police Chiefs’ Council, containing the experiences of chief police officers—some retired—of their working relationships with PCCs. Those experiences are certainly not all positive; they frequently relate to differences of view over the role and responsibilities of PCCs and chief police officers and the impact on morale within a force where there is disagreement. Included in those experiences are issues about the accountability of PCCs themselves, or lack of it. The police and crime panels do not seem to have any effective checks on how a PCC exercises their powers since the views of the panel can, in almost every instance, be ignored by the police and crime commissioner if they so wish. Likewise, although a police and crime commissioner will not want their force to receive an adverse assessment from the police inspectorate, the PCC cannot be held in check directly by the inspectorate over how they exercise their powers.

Concern has already been expressed today, as well as in the research document, over the power of a police and crime commissioner to dismiss their chief constable, and some figures were provided in the research document to suggest that to date this was more likely to happen when the chief constable was a woman. Previously, the police authority had to secure the support of the Home Secretary if it wished to dismiss its chief constable. Now, a PCC has only to take note of the views of the inspectorate and police and crime panel before proceeding to dismiss. The head of the police inspectorate said in 2016 that the use of the power to dismiss was,

“conspicuously unfair, disproportionate and unreasonable”,

and that he could not understand how such decisions were arrived at. The presiding judges in the case in question said that the approach adopted was, “wholly disproportionate”, “surprising in the extreme” and “a serious error”. As has been said on more than one occasion during this debate, the appointing of chief constables by PCCs also seems to have led to a significant reduction in applications, because of the belief that there is an inevitability about who will be appointed.

As I understand it, there has been some case law regarding the legislation on the roles of PCCs and chief constables. I could well be wrong, but if I am right in thinking that, could the Minister set out what that case law has been, either now when responding or subsequently in writing?

Could the Minister also say whether the police and crime panels, which are meant to provide some means of holding PCCs to account but lack any real teeth, are properly trained, resourced and supported? On average per panel member, what training and resources are provided and what support is given? Is it the same or roughly the same for all police and crime panels, and who makes the decision on what training, resources and support will be provided? Has the level of training, resources and support provided to police and crime panel members increased since the panels were set up, and if so, by how much? How often do police and crime panels as official bodies have meetings with their PCCs, and who has responsibility for spreading best practice between police and crime panels? Indeed, who has responsibility for spreading best practice between police and crime commissioners?

The police complaints system has been changed to give a greater role for police and crime commissioners. I understand that these new arrangements have not yet come into force. If I am right in saying that, what is the reason for the delay? What additional resources will be provided to police and crime commissioners for this apparent addition to their role?

The subject of this debate is whether the Government plan to establish a review of the role and responsibilities of police and crime commissioners. The case for such a review would seem strong. First, there appear to have been differences in some instances between PCCs and chief constables about what in practice, as opposed to theory, their differing roles are and what are the grey areas. Since the PCC draws up the budget then presumably, if the PCC is very precise over how the money being allocated has to be spent, he or she can have a big influence in determining how, and on what activities, the chief constable will deploy their officers and staff. Would the Minister agree that that is the case, and that that is a potential source of difficulty between a PCC and the chief constable—and his or her operational independence?

An objective of a PCC is the reduction of crime and disorder in their area. While closer working with other agencies and bodies is an important way of seeking to achieve that objective, so too must be the priorities for deployment of a force’s officers and staff and their activities. Is that an area in which a PCC can argue that they can get involved, to deliver their objective of reducing crime and disorder in their area? Could the Government comment on that point?

It seems to me that, some seven years after police and crime commissioners came into being, there are enough examples of uncertainty, and indeed disagreement, over the role, powers and responsibilities of police and crime commissioners, particularly in relation to those of chief constables—and also those of the Home Secretary in relation to policing—to justify, and indeed necessitate, a review to examine areas of disagreement, uncertainty and possibly unintended consequences over roles and responsibilities that have arisen since the position of PCC was established.

[Baroness Barran (Con)]

My Lords, I join other noble Lords in congratulating my noble friend Lord Lexden on securing this debate. I appreciate the breadth and expertise of the remarks all noble Lords have made, but I fear that they might require me to write a long letter, as I think time will not permit me to respond to all of them now. I undertake to write and place a copy in the Library. I recognise the depth of feeling among Members of the House on the issues raised. With PCC elections due to take place in a little over a year, the roles and responsibilities of police and crime commissioners will be brought into sharp focus again as the public hold them to account via the ballot box.

The Government have no plans currently for a formal review of the role and responsibilities of police and crime commissioners, but, as my noble friend Lord Lexden pointed out, since their introduction in 2012, the Home Affairs Select Committee has published two reports on their work, including both a recognition of the greater clarity of leadership that they provide and the increasing recognition by the public of their role, their accountability and the strategic direction that they offer. I am not sure that those reports used the phrase of the noble Lord, Lord Bach, who spoke of his friends being “quite impressed” by what PCCs do, but they might have done; I think it was implicit. Those reports, and the report referred to from the Committee on Standards in Public Life, include a number of recommendations about how to improve the effectiveness of the model. I will aim to highlight progress in these areas, but also where there is more room for improvement. I reassure my noble friend Lord Wasserman that the Government have no plans to throw any babies out in any amount of bathwater.

Further evolution of the model means that police and crime commissioners now have responsibility for the fire service in some areas, closer co-operation across blue-light services and commissioning of victim services. As my noble friend Lord Wasserman and the noble Lord, Lord Bach, remarked, this is crucially underpinned by engagement with local communities to ensure that those needs are met.

A key recommendation from the Home Affairs Select Committee in 2016 was that police and crime commissioners should use their convening power to improve service provision. There are numerous examples of how this has developed, including in Northumbria, where Dame Vera Baird has launched the first ever regional strategy to tackle violence against women and girls. The number of forces that have adopted this has now increased from three to seven. Similarly, in Sussex PCC Katy Bourne is leading the introduction of video-enabled justice across five forces, with the potential for further rollout.

The noble Lord, Lord Hogan-Howe, and my noble friend Lord Wasserman referred to wider partnership work. Anecdotal evidence suggests that having the police and crime commissioner as the chair of the local criminal justice board brings a welcome local focus and renewed energy to agencies that otherwise do not share accountability. On policy issues, PCCs have collaborated extensively on the links between mental health problems and crime, and in relation to rural crime, which the noble Lord, Lord Wigley, mentioned.

Importantly, PCCs operate in the full gaze of the media and are held accountable for their record by the public every four years. At the 2016 elections, around 9 million votes were cast, which was a 67% increase on the number of votes in the elections of 2012. I hear the concerns of a number of noble Lords, including the noble Lord, Lord Paddick, about the level of turnout. I think that all noble Lords will share my hope that we will see a further increase in the next elections.

A number of noble Lords have raised concerns about the relationship between police and crime commissioners and their chief constables, including how to address the performance of a police and crime commissioner who might be underperforming, and the impact on chief officer recruitment. The second recommendation from the Home Affairs Select Committee was to strengthen the role of police and crime panels, which provide both support and challenge to police and crime commissioners on the exercise of their functions, acting as a critical friend. A number of noble Lords expressed concern about the robustness of these panels, but, as with other parts of the model, there are now a number of examples where they have taken a constructive approach in challenging the police and crime commissioner in their area.

The noble Lord, Lord Rosser, asked how best practice was shared among PCCs, panels and others. Obviously, the Association of Police and Crime Commissioners plays a critical role in sharing best practice, as does the similar association for the chief executives and chief financial officers—I will spare noble Lords the acronym.

[Lord Rosser]

I am not surprised at the response the Minister has just given, but does that mean that the Government are satisfied that best practice is being properly disseminated and that it is being acted upon, by the bodies she has just mentioned and by individual police and crime commissioners?

[Baroness Barran]

The Government are confident that there is a real energy among police and crime commissioners to share best practice. As one police and crime commissioner said to me, that individual and their chief constable have a shared interest in their force being the best it can possibly be.

Turning to chief constable recruitment, the noble Lord, Lord Hogan-Howe, in particular, raised concerns about chief officer recruitment. I am thankful to Mike Cunningham, chief executive of the College of Policing, who is doing excellent work in ensuring that the Association of Police and Crime Commissioners, the National Police Chiefs’ Council and the College of Policing work together to agree a plan for addressing the key barriers to recruitment, retention and progression.

However, it is not entirely accurate to suggest—as my noble friend did in referring to remarks made by the noble Lord, Lord Blair, as did the noble Lord, Lord Hogan-Howe—that the problems of chief officer recruitment and retention are related solely to the introduction of police and crime commissioners. A report commissioned by the National Police Chiefs’ Council suggests that the tenure of chief constable posts fell very sharply between 1992 and 2002 and has actually been stable over the past seven years. A survey by the College of Policing showed chief officers citing their fear of the risk of dismissal and the reputation of the local police and crime commissioner as elements in their decision whether or not to apply for a role, but coming close behind those reasons were financial considerations, the absence of work/life balance and the existence of an internal candidate.

Given the concerns that have been raised by a number of noble Lords about the need for greater checks and balances in this model, I will undertake to write to my noble friend the Policing Minister, sharing the issues that have been raised.

A number of noble Lords spoke about funding for the police service, including my noble friend Lord Lexden and the noble Lord, Lord Bach. This year’s police funding settlement provides the biggest increase in funding since 2010, with a total increase for the police of over £1 billion. Although I would not want to suggest to the noble Lord, Lord Bach—who I fear is rolling his eyes—that the problem has gone away, or that anyone would suggest that, there is a clear commitment from the Home Secretary. He has made it absolutely clear that he will prioritise police funding at the next spending review. The noble Lords, Lord Paddick and Lord Wigley, raised their concerns about the police funding formula; again, there is a commitment to look at that in the next spending review.

Questions were also raised about the Government’s commitment to addressing serious crime and violence, knife crime in particular. I will put the details in a letter but all noble Lords will be aware that the Prime Minister led a recent summit at Downing Street on that very subject.