Police Reform and Social Responsibility Bill

Mark Tami Excerpts

Wednesday 30th March 2011 Commons Chamber

[Nick Herbert]

I absolutely accept what the right hon. Gentleman says. Local government matters are not reserved and local government touches on the panels, but that is precisely why we negotiated the legislative consent motion. It is deeply unfortunate that despite the fact that I negotiated that motion with the Minister responsible, Carl Sargeant, and he agreed it, he did not vote for it. As I said at the time, I regret that, because it was self-defeating. The motion sought to put in place the special arrangements for police and crime panels in Wales, on which the Welsh Assembly Government would have representation. I emphasise to the right hon. Gentleman that we really tried to reach an arrangement and to respect the devolution settlement.

[Mark Tami (Alyn and Deeside) (Lab)]

The point that my right hon. Friend the Member for Torfaen (Paul Murphy) makes is that the mechanism for election to police panels is a devolved matter, meaning that the Assembly is responsible. How does the Minister square that circle?

[Nick Herbert]

If I may, I will come to that matter when we reach that specific group of amendments, because the Government have tabled amendments to address it. We must find a way to ensure that the Bill is consistent with the wishes of the Welsh Assembly, which it expressed in rejecting the legislative consent motion. I shall address that question at the appropriate time, but I wanted to respond specifically to the right hon. Member for Torfaen.

When moving new clause 4, the hon. Member for Gedling made a number of wider points in which he attempted to open up once again the arguments for and against police and crime commissioners. I shall not dwell on those other than to say that he has expressed support in the past for the concept of a direct component in police authorities, as was ably pointed out by my hon. Friend the Member for Northampton North (Michael Ellis).

In addition, in Committee, the hon. Member for Gedling moved an amendment for directly elected chairs of police authorities, and the previous Government twice proposed a democratic element. I accept that there is a difference between that Government and this one, but the difference is not that this Government do not believe in democratic reform of police authorities—it appears that all parties do. Rather, the difference is that the previous Government backed down twice, but we have no intention of doing so, because there was a Conservative party manifesto commitment, and as my hon. Friend the Member for Cambridge (Dr Huppert) pointed out, because having directly elected police authorities was separately a Liberal Democrat manifesto commitment.

We now know that the latest proposal from the hon. Member for Gedling is for directly elected chairs of police authorities. In moving and voting for that amendment, the hon. Gentleman wholly undermined his argument on cost, because implementation of directly elected chairs of police authorities would cost not the same as police and crime commissioners, but more. Therefore, the most expensive proposal for democratic reform of police authorities in the House of Commons is from the Opposition spokesman.

What is wrong with proposed new clause 4—I agree with the right hon. Member for Leicester East on this —is that it would put in the hands of the inspectorate of constabulary the power to hold an inquiry, and thereby to delay implementation of the Bill. Constitutionally, that would be very difficult. It would place the inspectorate in an invidious position. Parliament should decide reforms of this kind, after taking into account the views of both Houses and consulting widely. The idea that we can somehow park these matters into an inquiry by an independent body that is meant to look at the effectiveness and efficiency of policing is wrong. It would be very wrong for that organisation to do that, as it would effectively set up the inspectorate as judge and jury on a decision that Parliament had made. We therefore believe that these measures are the right thing to do, and we intend to proceed with them. Nevertheless, we are listening and will continue to do so.

In conclusion, on new clause 4, I would like to point out that, when the previous Home Secretary, the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett) was proposing democratic reform of police authorities, he said that those who claimed to have the power, and who wished to hold the power, should therefore be accountable for the power. That is the right principle, and the basis on which we should proceed.

--- Later in debate ---

[Vernon Coaker]

I agree. That is the point I am making. An individual will stand for election in a police force area, saying, “I will ensure that there are X number of officers in this area and that area. I don’t want to see Tasers used. I don’t want to see such-and-such equipment used. I want to see the police patrolling not in pairs, but singly. I don’t want to see police in cars.” It will not be possible to stop someone saying that in their election manifesto. They are not going to stand for election saying, “I think everything’s wonderful. Vote for me.” What sort of election slogan is that? They would not get elected.

Candidates will stand on an exciting, impassioned, inspirational agenda for change in policing in that area. My hon. Friend is right. That is the nub of the dilemma that the Minister faces—what happens when that individual, enthused with their election victory, or determined to be re-elected, tries to influence what the chief constable does?

[Mark Tami]

Does my hon. Friend agree that the scenario that he describes will be worse when there is a second round of elections? The police commissioners will be trying to stay in the job and others will be saying how incompetent they are and trying to introduce change. It will be the constant agenda of candidates to run down the police and offer change—sometimes change for the sake of change.

--- Later in debate ---

[Vernon Coaker]

Before I comment on the Minister’s remarks, I would like to thank my hon. Friend the Member for Bassetlaw (John Mann) for his support on the issue of the necessity for this memorandum of understanding. It was interesting that the hon. Member for Carshalton and Wallington (Tom Brake) commented on what was said by the hon. Member for Rochester and Strood (Mark Reckless)—that there was an expectation of no involvement. That is part of the problem. The Minister is right to say that the common law position precludes interference, but I am trying to deal with what will happen when the new model comes into effect, particularly the concern that it will change the parameters within which the policing model works.

[Mark Tami]

Given the sort of person who is going to be elected to the panels, might it not lead to an adversarial relationship almost from day one? Indeed, the person might have stood on a platform in order to take on the chief constable for something he had done.

[Vernon Coaker]

That is exactly the point. Concerns have rightly been raised about who will be elected and the mandate and manifesto on which they are elected, and particularly about the possibility of its being imposed on the chief constable. Those are very real concerns. The Minister knows that there is a general acceptance of trying not to define in statute too rigidly. I say sincerely that I appreciate he is acting in good faith. I did not say that he had promised to bring the matter before us on Report. My expectation was that he might have been able to do so, but he did not say that and I know that he has acted in good faith.

The Minister seems to have moved again in respect of this new clause. To be fair, it shows the difficulty of trying to navigate through this area, which is one of the most important parts of the Bill. None the less, I noted that the Minister said that he “may” decide that it is necessary to include a statutory legislative provision on which to base the protocol. I agree with the right hon. Member for Dwyfor Meirionnydd (Mr Lywyd): it is essential for the Bill to contain a requirement with regard to the protocol.

Question put, That the clause be read a Second time.