Police Reform and Social Responsibility Bill

Lord Shipley Excerpts

Wednesday 20th July 2011 Lords Chamber

[Baroness O'Loan]

My Lords, I support the amendment of the noble Lord, Lord Hunt. We have to revert to what is happening to policing at present. We cannot make decisions without focusing on those issues. As I have said previously, the reality is that the police are fighting many battles on many fronts, particularly in the context of terrorism and organised crime. We have very serious problems internationally, but more than that the police are operating in a context of serious economic instability across the world. We all know that the almost inevitable effect of economic instability is a rise in the levels of crime. Opportunities are presented by this situation, which exists not just in the United Kingdom but in other countries. The questions around the model of a police and crime commissioner on which the Government are clearly set, which is based on the United States model but does not have the protections afforded by that model, are not answered by the amendments which the Government have tabled. Such a model will inevitably cause problems such as have been experienced in the United States where chiefs are sacked by mayors at regular intervals. This is accepted as a political reality. They then move from major city to major city to run other forces, which leads to huge instability.

The reality for the people, too, will be that if a Tory, Labour or Lib Dem police and crime commissioner is elected, there will inevitably be a perception among the public that the policing will be delivered in accordance with that party’s policy. No matter what you try to tell them, that will be the perception. That perception will inevitably lead to distrust in some areas of the country. There is a very clear need to focus on the issues raised in the amendment of the noble Lord, Lord Hunt, and in particular to place a statutory obligation on police and crime panels to focus on integrity and impartiality.

[Lord Shipley]

My Lords, I will speak in a moment on Amendments 2 and 3, but I would like to speak briefly to Amendment 13, which stands in the names of my noble friend Lady Hamwee and myself. This relates to the checks and balances which are, in theory, to be strict; it also relates to the substitution of or deputising for any member who is unable to attend a meeting of the panel, and to the quorum and the need to define the quorum required for a meeting of the panel actually to be held. There are important reasons why this matters.

At Report, my noble friend the Minister said that substitutes would be permitted at meetings of the panel. I seek further clarification as to exactly how this is going to be done, because it matters. In terms of the two-thirds of the membership of the panel having the power to veto appointment of a chief constable or the precept, then who attends the meeting and what the quorum is matter: these points become material. One has to maximise the number of people who can attend, and if a member of the panel cannot attend then the Bill should state who would be permitted to attend that meeting of the panel on behalf of that same local authority. Also, as there will be decisions to be made which do not require a two-thirds majority but nevertheless will be decided after debate on a simple majority basis, how many people are required to attend the meeting to make it valid seems to be highly material. I am looking for further clarification about this matter from my noble friend the Minister because we see it as being very much part of the checks and balances on the police and crime commissioner, without which it is not clear that those checks and balances would function correctly.

I turn to Amendments 2 and 3 briefly, because there has been a very good and helpful debate on this matter. As someone who has listened to that debate, it seems to me that the two amendments are not incompatible, but there are differences between them. It would be very helpful if my noble friend the Minister could take those two amendments away and see if they could be redrafted in a way which would meet the requirements and wishes of all sides of your Lordships’ House. It seems now that there is an opportunity for this to be done.

[Baroness Henig]

My Lords, I will speak extremely briefly—I realise that we have had a good debate on this. I wish to respond to the noble Lord, Lord Dear. It seems that the difference between these two amendments goes to the heart of the issue of corporate governance.

The first amendment, tabled by the Government, is very much in line with the Government’s model that the panel scrutinises the commissioner and the commissioner scrutinises the police. That is the Government’s model, and I have understood that right the way through. What my noble friend’s amendment tries to do is to develop a more corporate approach to try and give the panel more input, and therefore to have a more corporate approach as between the panel and the commissioner in scrutinising the police. That is the intent of the amendment, and that is a big, fundamental difference. While I accept all the points about the need in the future particularly for chief officers to have more support—and this will come out in later amendments—good governance structures need to be in place: that is fundamental. If we are going to make changes in policing, good governance structures have to underpin those changes. At the moment, those structures are not there. That is one of the problems that we have.

I support all noble Lords who have said, let the Government take the summer to look at this. That is absolutely right, but my point is that it is going to take a fundamental re-look at things. As long as the Government’s model gives one politician on a party political ticket such huge influence over policing—one person, without good governance structures in place—grave concerns are going to remain. That is the fundamental issue. While I therefore support all attempts to try and get the Government to look at this again, unless the model is changed fundamentally those central concerns will remain. That needs to be put on the record, because it is the big difference between these two amendments.

--- Later in debate ---

[Baroness Browning]

I am grateful to my noble friend because I was about to turn to the amendment that she and my noble friend Lord Shipley tabled.

The intention of Amendment 13 is for panels to include specific provision in their arrangements for substitutes or deputies where a panel member cannot attend proceedings, and provision for the quorum for a meeting of the panel. This was an issue discussed during Report stage. Your Lordships will recall that during that debate I stated that provision for substitutes or deputies for the panel's vote on the precept and the appointment of the chief constable could be included in the regulations dealing with those specific procedures. We will consider using these powers with partners should we feel that they are necessary, but we start from the position—and I hope that noble Lords will agree—that the authorities around the PCP table are responsible bodies that will take their statutory duties seriously and ensure that their rules and procedures more broadly cover this ground.

As to the veto, we have the power to intervene and regulate on this should we feel it necessary. There is also general provision in the Bill for panels to make their own rules of procedure, including rules on the method of making decisions. That is the mechanism for panels to make their own rules on matters such as a quorum. We start from that point but, none the less, I am happy to say to noble Lords that we will look at this in regulations if it is felt that changes are needed.

[Lord Shipley]

Is it the intention that regulations may be made to enable substitutes to attend meetings that are discussing matters other than the veto on the appointment of a chief constable and on the precept?

[Baroness Browning]

I understand that point and it is certainly something that we will look at in terms of regulations. At the moment, I cannot say how that will be described.

Perhaps I may come back to my noble friend Lady Hamwee’s point and concerns. I have to say to my noble friend that we feel that the Bill as drafted and amended provides the checks and balances that she is asking for.