West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024
Debate between Lord Sharpe of Epsom and Lord Bach(9 months, 1 week ago)
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Lord Sharpe of Epsom (Con)
My Lords, I thank all noble Lords for their contributions. I will do my best to address as many of the points that have been raised as possible.
It is worth recognising the support from the Government and the Opposition in the other place for the policy of enabling more directly elected mayors to exercise PCC functions, as the noble Lord, Lord Ponsonby, just noted. As I outlined in my opening remarks, the exercise of PCC functions by the Mayor of the West Midlands will be a significant step forward to realising the Government’s ambitions, as set out in the levelling up White Paper, for more combined authority mayors to take on PCC functions, as is already the case in Greater Manchester and West Yorkshire, and will be the case in York and North Yorkshire from this May. We have also introduced a draft order to achieve this outcome in South Yorkshire.
It is the Government’s view that bringing public safety functions under the leadership of a combined authority mayor, where it is possible to do so, has the potential to offer wider levers and a more joined-up approach to preventing crime. It places the PCC model and functions at the heart of a wider set of responsibilities for improving public services, exercised by an individual who will be directly answerable to the community that will elect them. It not only preserves the democratic accountability that underpins the PCC model but with an expanded role for the mayor comes a higher public profile, increased visibility and a greater ability to bring about local change.
The fundamental aim of the order is to incorporate the PCC model within the role of the mayor, maintaining the core principles of governance and accountability. The Government want to seize the opportunity to bring together in one elected role the responsibility for public safety and local regeneration for the people of the West Midlands.
In areas where there is a PCC and a mayor, both elected separately by the same constituency, it can confuse democratic mandates and create barriers to joined-up delivery across a range of public services for those communities. The statistics the noble Lord, Lord Scriven, cited do not take into account local circumstances and, therefore, comparisons have limited utility. None of this means that the West Midlands could not still be safer and have less crime under the new proposed system. Incorporating the PCC functions in the office of mayor creates an opportunity to clarify and enhance the mandate of that elected individual to make a greater impact across a range of public services.
As I set out in my introductory speech, the Home Office ran a public consultation on the proposal to transfer the PCC functions. The purpose of the consultation was to provide the Home Secretary with information to help his decision on whether to proceed with the legislation before us now. While the numbers for and against the transfer were taken into account by the Home Secretary, the most helpful aspect of the consultation, for the purposes of making the decision, was the information provided in the responses. The Home Secretary’s decision was informed, but not bound by, the responses to the consultation. In making his decision, the Home Secretary also had regard to information concerning the statutory tests and duties relevant to his decision. Ultimately, the Home Secretary is satisfied that the making of this order meets the statutory tests required of him. I say to the noble and learned Baroness, Lady Butler-Sloss, that this was not a referendum. He took note of all the information and made his decision; the information is not binding.
The Levelling-up and Regeneration Act 2023, specifically Section 62, has come up. That amended the consent requirements for the transfer of PCC functions to existing combined authority mayors and, instead of the previously required consent of the mayor, the constituent authorities and the combined authority, only the consent of the existing mayor is required to make an order enabling the transfer of the functions. This was decided by Parliament.
The Government have been clear that the PCC functions may transfer to a mayor only at the point of a mayoral election; this ensures that mayors are elected on the basis that they will be exercising PCC functions, maintaining the democratic principles of the PCC model. If this legislation is approved by both Houses, both the incumbent mayor and the PCC would complete their existing terms of office, and on 2 May the West Midlands electorate will select a mayor on the basis of them exercising PCC functions, providing them with a democratic mandate. The noble Lord, Lord Hunt of Kings Heath, asserted that Mr Street will be the PCC, and I sincerely hope the noble Lord is right, but he will have to make his case to the electorate and they will determine “who is mates with who”, to quote—I forget who.
It may already be known to this House—I think the noble Lord, Lord Bach, referred to it—that the judicial review launched by the West Midlands Police and Crime Commissioner on the public consultation and subsequent decision to transfer the PCC functions to the mayor was heard by the courts yesterday. Judgment will be reserved until next week, so I cannot prejudice those ongoing proceedings, but the Government strongly defended the claim made by the PCC. We are confident that the public consultation was robust and the Home Secretary’s decision to enable the transfer was lawful.
Regarding the extent to which this transfer upholds democracy, the Government have always been clear that PCC functions can transfer to a mayor only at the point of the mayoral elections, as I have just said. The way this order enables the transfer is no different; the first mayor to exercise the functions will not do so until the May 2024 elections have taken place and they have taken office—I believe on 7 May. The West Midlands electorate still has the ability to decide who they wish to see exercise these PCC functions. The Mayor of the West Midlands will be elected in May on the basis of exercising those.
A number of noble Lords raised concerns that a mayor may—I use the word “may” carefully—appoint a deputy mayor to support them in the exercise of the PCC functions. It was argued that this might be a dilution of the mandate and accountability of the role. At this point, I note that the current PCC has appointed two assistant PCCs. Mayors who exercise PCC functions can appoint a deputy mayor for policing and crime, but this is something that PCCs may also do, as I have just said. The ability to appoint a deputy does not shield mayors from scrutiny at the ballot box; the mayor will be held to account for the performance of a deputy they may appoint to support them. Also, not all PCC functions can be delegated to the deputy PCC; by statute, certain key strategic functions, such as the issuing of the police and crime plan, the appointment and suspension of a chief constable, and calculation of a budget requirement, may exercised only by the mayor themself.
All noble Lords noted the Secondary Legislation Scrutiny Committee report on this order, and the concerns raised in that report. I know the committee has written to the Policing Minister and the Permanent Secretary to express its concerns. I understand that both the Minister and Permanent Secretary have responded to those letters. The committee raised concerns about what it considered to be the “selective reporting” within the Explanatory Memorandum that accompanies this order, and I know that the Policing Minister has responded to address these concerns directly. But I would like to make it clear that the Explanatory Memorandum did not deliberately withhold information in any sort of attempt to selectively report the responses to the consultation and the views of stakeholders. As is best practice, the documents clearly outline the views raised as part of the consultation process, both in support of the transfer and those that raised concerns. The document also signposts readers to the Government’s response to the consultation, which has been published on GOV.UK. It goes into further detail on the concerns raised by respondents to the consultation and the Government’s response to those concerns.
As regards to the timing of the order, raised by the noble Lords, Lord Bach and Lord Sahota, I would like to address those points, particularly in relation to the Gould principle of electoral management, as referred to by the noble Lord, Lord Sahota. Where possible, government aims to ensure that any legislative changes to elections are introduced at least six months in advance of those elections, to give all those involved appropriate notice. In the case of the West Midlands, government was not able to lay the order six months in advance of the May 2024 elections. Every step has been taken to lay as early as possible, and I know officials have been closely engaged with partners in the West Midlands Combined Authority and the office of the PCC throughout the process, to keep them informed as much as possible. I hope noble Lords will support the order, so we can get one step closer to providing clarity to the local area, and enable it to deliver orderly elections in May. As the noble Lord, Lord Bach, noted, as long as that is done by 21 March, all is in order.
A question has been raised about why the Home Secretary took the original decision to proceed with the transfer before the statutory requirements were met. As soon as the Home Secretary became aware of the statutory requirements of the 2023 Act, he launched a public consultation and made it clear that he would retake his decision after he had had due regard to the responses and after he had considered whether the making of the order would meet the statutory tests. The order was therefore not laid before Parliament until the Home Secretary was satisfied that the statutory requirements of the 2023 Act had been met. I hope I have dealt with the key points that have been raised. Again, I thank all those who participated. I beg to move.
Lord Bach (Lab)
My Lords, I thank all noble Lords who have taken part in this lively and interesting debate. I am very conscious of the time. I particularly thank the Minister, who had a difficult case to put and did it with politeness and good humour. I also thank Members of the House who have been present, as well as those who have spoken. I will not reply to the comments as I think the case has been made. I wish to test the opinion of the House.
Operation Conifer
Debate between Lord Sharpe of Epsom and Lord Bach(9 months, 2 weeks ago)
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Lord Sharpe of Epsom (Con)
My Lords, I remind the noble Lord that I have just gone through the various forms of independent scrutiny to which this investigation was subject in some detail, and I shall not refer to it again. As I say, the IOPC and others have looked into this in some detail.
Lord Bach (Lab)
My Lords, is the Minister aware that, at the end of his response to the noble Lord, Lord Lexden, he seemed to throw out just a little bit of encouraging information. I welcome that, and hope that the Minister goes back, recognising the very widespread feeling around this House that justice has not been done to the reputation of a Prime Minister who has been unfairly treated, right up to this time. It is important that justice is done soon, rather than the issue hanging on for year after year of non-action.
Lord Sharpe of Epsom (Con)
I can only repeat that I have said that I shall ask officials to look into the possibility or viability of this—I cannot possibly prejudge what they may come back to me with, but I shall come back to the House in due course.
Metropolitan Police Reform
Debate between Lord Sharpe of Epsom and Lord Bach(1 year ago)
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Lord Sharpe of Epsom (Con)
That is perhaps the case but, of course, we still have to find parliamentary time for these things.
Lord Bach (Lab)
My Lords, why do we have to wait for the Criminal Justice Bill before the statutory instruments can be produced in this particular case? Could we not move to a statutory instrument straightaway so that this long delay, which seems to be all-pervasive here, can at least be shortened to an extent?
Lord Sharpe of Epsom (Con)
I would very much like to see it shortened. I do not know the answer to that but I will come back.
Sir Edward Heath: Operation Conifer
Debate between Lord Sharpe of Epsom and Lord Bach(1 year, 2 months ago)
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Lord Sharpe of Epsom (Con)
The noble Lord is quite right that these new laws have come into force in Northern Ireland, but the authorised professional practice guidance on media relations, issued by the College of Policing, already makes clear that the police
“will not name those arrested or suspected of a crime, other than in exceptional circumstances where there is a legitimate policing purpose to do so”.
In May 2018, the college updated this guidance to make it clear that it applies where allegations are “made against deceased persons”.
Lord Bach (Lab)
My Lords, is the Minister aware that many of us from all parts of this House believe it is vital that there is an independent review of the shockingly unresolved allegations against Sir Edward Heath? Is he further aware that one of the reasons for a review is that it is hard to feel complete confidence in the 2017 official review, including a senior investigating officer from Operation Hydrant, since Veale’s decisions were examined by police officers who perhaps lacked sufficient independence from him?
Lord Sharpe of Epsom (Con)
I say to the noble Lord that I am of course aware of this. There were three main forms of scrutiny during the investigation. There was an independent scrutiny panel to ensure proportionality; the role of the panel members was to check and test the decision-making and approach in the investigation. At the end of the investigation the panel issued a statement. The noble Lord referred to Operation Hydrant. In September 2016 and May 2017, there were two reviews which concluded that the investigation was proportionate, legitimate and in accordance with national guidance. Finally, there was a review in January 2017 by HM Inspectorate of Constabulary, as it then was, of whether the resources assigned to the investigation by the Home Office were being deployed in accordance with value for money principles. The review concluded that they were.
Former Chief Constables: Gross Misconduct
Debate between Lord Sharpe of Epsom and Lord Bach(1 year, 7 months ago)
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Lord Bach (Lab)
My Lords, I thank the Minister for the meeting he arranged, but will he please guarantee that the Home Office will never again stand idly by in a situation where a police and crime commissioner, in this case Leicestershire’s, employs as it chief adviser, and then as its chief executive, a twice-disgraced ex-chief constable facing an allegation of gross misconduct—all with substantial public money? Do the Government understand how offensive this is, both to the police force in question and to the general public?
Lord Sharpe of Epsom (Con)
The noble Lord makes a very good point. As he knows, in the case he describes, the usual and correct procedure was not followed in that county. I am very pleased it has finally been followed, so I agree with him.
Police and Crime Commissioners
Debate between Lord Sharpe of Epsom and Lord Bach(1 year, 9 months ago)
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Lord Sharpe of Epsom (Con)
My Lords, I refer my noble friend to an answer I gave in Grand Committee on 23 February, when I said that
“the Cleveland PCC has no power over the legally qualified chair”—
except inasmuch as he appoints him or her—
“who must commence a hearing within 100 days of an officer being provided a notice referring them to proceedings, but may extend this period where they consider that it is in the interests of justice to do so.”—[Official Report, 23/2/23; col. GC 494.]
That is the case here and, as I have said many times from the Dispatch Box, I am afraid I really cannot go beyond that.
Lord Bach (Lab)
My Lords, following on from the noble Lord’s Question, are the Government aware that the office of the Cleveland police and crime commissioner has delayed answering a series of relevant freedom of information questions on two separate occasions, claiming that it needs more time? Last Friday, on the last possible date allowed by the law, it refused point-blank to answer any of them. Does this course of action sound like it comes from an open, public-facing organisation or one perhaps covering its tracks?
Lord Sharpe of Epsom (Con)
My Lords, I am not familiar with the FoI requests that were put in, so I cannot really speak to them. I was very pleased to see that Cleveland’s most recent PEEL report, which was also published on Friday 17 March, indicates that very good progress has been made under the leadership of the chief constable, Mark Webster. The noble Lord will also be aware that the PCC, Steve Turner, attends the PPOGs. I commend them both on doing a decent job.
Violence Against Women and Girls: Stalking
Debate between Lord Sharpe of Epsom and Lord Bach(1 year, 10 months ago)
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Lord Sharpe of Epsom (Con)
My noble friend makes a good point and I will of course reflect her concerns back to the department. However, forces under special measures are obviously subject to significant scrutiny. I cannot say for certain because I have not looked into this, but I would imagine that it forms a key part of the scrutiny under which they operate.
Lord Bach (Lab)
My Lords, will the Minister invite the Safeguarding Minister to send the letter she is sending to chief constables to police and crime commissioners as well?
Lord Sharpe of Epsom (Con)
The noble Lord makes a very good suggestion—yes, I will.
Police and Crime Commissioners: Accountability Arrangements
Debate between Lord Sharpe of Epsom and Lord Bach(1 year, 11 months ago)
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Lord Bach
To ask His Majesty’s Government whether they have any plans to change the accountability arrangements for Police and Crime Commissioners.
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, the Government undertook a two-part review of police and crime commissioners, to strengthen their accountability and expand their role. Delivering these recommendations will sharpen their transparency and accountability and ensure they have the necessary tools and levers to be strong local leaders in the fight against crime and anti-social behaviour. PCCs continue to be directly held to account by the public at the ballot box.
Lord Bach (Lab)
My Lords, I thank the Minister for his Answer and for his written reply I received this morning on the vexed question of whether the accountability of police and crime commissioners includes, by law, the need to inform the police and crime panel of senior appointments so that the panel can interview and form a view, even when the senior appointment is interim. The Government’s view is that an interim senior appointment is in exactly the same position as a full appointment for these purposes. So I ask the Minister: is he aware that, in my county of Leicestershire, there have been six—yes, six—chief executive appointments in 19 months, four of them interim? The interim chief financial officer has been in place for 14 months. Not one of the interim appointees has been before the police and crime panel. Does this not show a complete contempt for accountability?
Lord Sharpe of Epsom (Con)
My Lords, the noble Lord is completely right. Paragraph 7 of Schedule 1 to the Police Reform and Social Responsibility Act provides that any reference to the chief executive or chief finance officer of a PCC, in any legislation,
“includes a reference to a person acting as chief executive, or chief finance officer”.
In other words, there is no distinction, in our view, between acting or permanent appointments. My officials have spoken with the chair of the Leicestershire police and crime panel; it is the department’s understanding that representations have been made by the Leicestershire panel to the PCC insisting that formal notice of the interim CEO appointment be given to the panel as soon as possible, to enable the proper scrutiny to take place.
Rape: Operation Soteria
Debate between Lord Sharpe of Epsom and Lord Bach(1 year, 11 months ago)
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Lord Sharpe of Epsom (Con)
Action is being taken on both of those things. The noble Lord is completely right about specialist knowledge, and this finding is now being applied in South Wales Police and the Met, two of the pioneering forces in Operation Soteria. Structural changes have been introduced in Durham, another of the pioneering forces. That has improved shift patterns, supervisor ratios and so on, which will enhance officer and organisational capability.
Lord Bach (Lab)
My Lords, one reason why so many victims pull out of proceedings is the backlog in cases being heard. Could the Minister talk to his colleagues in the Ministry of Justice and point out to them again that the danger of these backlogs and the damage they do go right back to why the figures on rape are so poor?
Police: Vetting, Misconduct and Misogyny
Debate between Lord Sharpe of Epsom and Lord Bach(2 years, 1 month ago)
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Lord Bach (Lab)
I ask the Minister gently about the decision to get rid of police officers during the first eight years or so, from 2010 onwards. Now that the Government have changed their policy, there is a need to get a lot of police officers in as quickly as possible in order to tackle crime. Does the Minister not think that those early decisions, in Budget after Budget, to take money away from police recruitment were terrible mistakes?
Lord Sharpe of Epsom (Con)
I obviously cannot answer that. I do not know if it was a good idea or not. The fact remains that the recruitment drive, as part of the police uplift programme, is delivering a large number of police officers. To reassure the House, there is no evidence to suggest that this is responsible for any adverse decision-making in vetting.
Police and Crime Commissioners and Panels
Debate between Lord Sharpe of Epsom and Lord Bach(2 years, 1 month ago)
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The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, the two-part police and crime commissioner review considered the role of police and crime panels and concluded that they have the appropriate powers to scrutinise police and crime commissioners. However, the consistency and quality of this scrutiny can vary. Recommendations arising from the review have therefore focused on improving panels’ understanding of their role, the application of their existing powers and strengthening the professionalism and quality of the support provided to panels.
Lord Bach (Lab)
My Lords, I thank the Minister. Does he agree that, to do their core job of holding police and crime commissioners to account—nobody else does it, least of all the Home Office, I am afraid—it is necessary for a panel to be robust, challenging and fair? Much depends on the approach, attitude and style of the chair of the panel. Given the need for the public to have confidence in the system, would the Government consider amending the rules so that a chair of a police and crime panel cannot be from the same political party as the police and crime commissioner?
Lord Sharpe of Epsom (Con)
As the noble Lord will be aware, the Government believe that panels have the appropriate powers, agreed by Parliament, to effectively scrutinise the actions and decisions of PCCs and enable the public to therefore hold them to account. As I have also just said, we concluded a two-part review. In part 1 we took steps to improve and strengthen the scrutiny of PCCs by issuing new guidance and a training package for panels. Through part 2 we are undertaking a fundamental assessment of the panel support model to further improve the professionalism, quality and consistency of support provided to panels. I am very happy to take the noble Lord’s suggestion on chairmen back as part of that ongoing assessment.