Police Reform and Social Responsibility Bill

Debate between Mark Reckless and Ed Balls

Monday 13th December 2010 Commons Chamber

[Ed Balls]

He did say that, and I am glad to receive my right hon. Friend’s praise for reading the evidence given to the Home Affairs Committee. I do so on behalf of the shadow Policing Minister, who read it in even greater detail.

The question of new panels points to another flaw in the Bill. There is one area in which the Home Secretary has agreed that the panels actually will have power, and it is the one in which we would think an elected police commissioner ought to have legitimacy—the setting of the precept. Rather bizarrely, on abolishing police authorities and establishing the panels, the one power that the Home Secretary gives the panels is to veto any proposal for a rise in the precept by the elected police commissioner. The commissioner will not have the power to set the precept without veto from the panel, and apparently will not be involved in operational policing, so it is not clear what they will be able to do. They will be even less powerful than the police authorities are at the moment.

I will not go into detail on the issue of political advisers, because we have done to death the mistake of the Minister for Policing and Criminal Justice in saying to The Guardian that staff of the policing and crime commissioners will not be able to be members of political parties. It is absolutely clear that he is wrong about that and that they will be so able.

The Home Affairs Committee report is very instructive on the matter of operational responsibility. The problem is that one individual will be elected solely on a policing mandate and will stand alongside a chief constable. That makes the definition of operational responsibility very important. As I asked the Home Secretary earlier, what will happen if a commissioner is elected on a mandate of, for example, abolishing speed cameras or introducing water cannon—if the Home Secretary allows that—and the chief constable says, “No, in my judgment that is not required operationally”? Who will decide? I am afraid that the lack of clarity on that issue raises the spectre of politicisation in certain circumstances. That will need to be discussed in Committee, because the Home Affairs Committee was right to say that without a proper definition, a memorandum and a way of getting the situation clear, there is an inevitable risk of politicisation, which is exactly the fear of police chiefs across the country.

The final point that we hear regularly is that London is somehow a model. Of course, in London the Mayor is elected not for policing but for a wider range of powers. He tried to get involved in the hiring and firing of commissioners, but decided that it was inappropriate because it risked politicisation, and had to stand aside for his non-elected deputy to take over responsibility for the matter backed by a police authority of elected members from the Greater London authority with proper powers. The Home Secretary invents reasons why the model that she proposes cannot apply to London, but the reason is that it has been tried there and did not work.

I want to address some of the wider issues in Bill. They cover only one third of the clauses, and our intention, where possible, will be to seek consensus on these proposals. The Bill contains a number of changes to the licensing regime and to powers for councils that build upon, rather than reversing, the licensing reforms of the past decade. If the Bill receives its Second Reading today, we will clearly need to examine the proposals in detail in Committee, but we will support extra powers to enable local communities and the police to keep public order to ensure that people can enjoy a night out in a safe and secure manner.

We will look into the proposals on drugs in detail, but at this point, we cautiously welcome the temporary banning orders that the Home Secretary is proposing. However, there is a suggestion, in the changes to the role of the advisory committee, of a move away from evidence-based policy making on drugs. That gives us some cause for concern, and we shall need to look closely at the matter in Committee. As we heard from the former Home Secretary, my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), the devil will be in the detail, as it was with the reform of the Serious Organised Crime and Police Act 2005. We will look closely at the detail of the proposals in Committee.

We will also probe the details of the clauses on universal jurisdiction in Committee. The Opposition believe strongly in the importance of universal jurisdiction, and we will support the proposed changes to make it work more effectively in each of the relevant areas. We will seek to achieve consensus in Committee, but, as I have said, these measures add up to less than one third of the clauses in the Bill, and as far as the policing issues are concerned, it has been very hard to be the shadow Secretary Of State.

[Mark Reckless (Rochester and Strood) (Con)]

I should first declare that I am a member of the Kent police authority and that I support our abolition. I should also correct the right hon. Gentleman: our chair is not a Conservative. On the issue of operational independence, surely Ministers have made it very clear that there should be no interference by politicians on matters of individual investigation or arrest. Does he not agree, however, that it is quite proper for there to be democratic oversight of the broader issues of strategy and of the setting of budget priorities?

[Ed Balls]

I fully agree about the importance of that middle tier of political accountability for chief constables. What I and many other experts fear, however, is that if one individual is elected on a direct mandate for policing, it will be very hard indeed to prevent their supposed mandate from crossing operational dividing lines. That does not happen now, because each police authority—half of which comprises independents, the other half of which is indirectly elected—covers a number of areas and often comprises a number of political parties. They ensure that there is a collective sense that operational responsibilities are properly respected. I have no doubt that some elected police and crime commissioners will want to respect operational independence, but I have no doubt that individuals might be elected on a mandate that explicitly crosses that line. Unless that element of the Bill is sorted out quickly, we will end up with an expensive politicisation of policing in this country that will overturn 170 years of policing tradition.

I have looked carefully to find support for the Bill. I have already quoted Sir Hugh Orde and ACPO. I have also quoted the Association of Police Authorities. Police superintendents take the same view, as do Liberty and the Local Government Association. I have spoken on this matter at two conferences where I have urged anyone in the room who supports the proposals to identify themselves to me privately afterwards, because no one will dare admit to it publicly. As a member of a responsible Opposition, I want to know the arguments, yet nobody will come forward. It is very hard indeed to find anyone who supports this policy.

As a result of assiduous research by our shadow team, however, I have identified three organisations that support the proposal. The first is a think-tank called Policy Exchange. Yes, it is the think-tank that was founded by the Secretary of State for Education, and the think-tank that said that the solution to unemployment in the north was for people to move to the south. Mr Blair Gibbs made the case for these commissioners on behalf of that organisation. He was in fact chief of staff to the Policing Minister between 2007 and 2010.

The second organisation is called Direct Democracy, which included in its book “Direct Democracy: An Agenda for a New Model Party” a chapter on the case for independent police commissioners. Yes, that is the Direct Democracy that was founded by the hon. Member for Clacton (Mr Carswell) and by the Tory MEP Mr Daniel Hannan—he who described the NHS as a “60-year mistake”. Unfortunately, the chapter in the book was authored by the Policing Minister himself.

The third organisation is a think-tank called Reform. In its 2009 pamphlet, it also advocated this policy. Yes, the Reform think-tank is now headed by the former Tory central office head of political research, and it was founded by the Policing Minister. So there we have it: a former chief of staff to the Minister, a chapter written by the Minister and a think-tank founded by the Minister. Unusually for the coalition, the Minister responsible for the policy actually supports it, which is quite a turn-up for the books.