Police and Justice Bill

Perhaps I may say how much I welcome the speech of the noble Baroness, Lady Harris, because she ably and elegantly highlighted the current discrepancies between the disparate inspectorates, particularly in relation to race. Perhaps I may respectfully say that she gave an eloquent exposition as to why we need a joined-up inspectorate: we are now working with the inspectorate on the high-level business strategy for the future inspection regime and a specific strand is dedicated to race and diversity, which is being led by Her Majesty’s Inspectorate of Constabularies, so that the new inspectorate will use the best of existing practice. The noble Baroness is right: the various criminal justice inspectorates are currently covered by both the general statutory duty under the Race Relations Act and by the specific requirement to ensure that the public authorities that they have responsibility for are compliant with all of their statutory duties. This Government expect the new single inspectorate to comply with its responsibilities to inspect and report on race equality and to reflect those responsibilities in respect of all other functions. Schedule 11(6) adds the new chief inspector to the list of bodies which are subject to the general statutory duty under the Race Relations Act to have due regard, in carrying out their functions, to the need to eliminate race discrimination and promote race equality and race relations. The first amendment would not add meaningfully to that. Presentationally, it might afford race equality greater emphasis, but that would beg the question as to the place of equally important issues, such as gender and disability equality and human rights. I know that the noble Baroness highlighted that when she said that sometimes we forget. Well, we are not forgetting here. We consider the Race Relations Act sufficient statutory underpinning for this important element of inspectorate business. To give practical effect to the duty under the Race Relations Act, we have included in the programme of work and development of the business strategy for the new inspectorate a specific strand on race equality, led by specialists from the existing inspectorates. So, all the people who have that expertise will be able to help us to get the best possible quality-assured way of dealing with this issue in the new inspectorate. That will ensure that the substantial commitment to inspecting race equality outcomes, as a routine part of the inspection business that already exists in the justice sector inspectorates, is carried forward and developed in the new inspectorate. The noble Baroness will know that we have been very concerned about the present level of disparity and we need to grip that and find a more aggressive and successful way of dealing with it, so that we can assure ourselves that the system that we are creating is as fair, transparent and open as we can make it. It is a matter of great concern to us. This work will involve the Commission for Racial Equality and other key stakeholders. We intend that inspecting for race equality and diversity generally, so as to ensure that inspected bodies have in place effective arrangements for the discharge of their obligations, will continue as an integral part of each inspection. We want the new chief inspector to have flexibility in determining how diversity in all its manifestations is to be examined—certainly, as a routine part of assessing performance, and also, perhaps, through occasional dedicated thematic inspections. Nevertheless, if, in future, Ministers consider that this responsibility is not being given sufficient emphasis by the chief inspector, they will be able to use the power of direction contained in Clause 30(3) to direct the chief inspector to have regard to this aspect of Government policy. That is a good example of the potential use that we envisage for this power. I know that it has drawn criticism from some but it might help the noble Baroness and those who later read what I have said to better understand why these provisions may not be quite as stupid or as flawed as some may suggest. The second of the amendments would place on the Secretary of State a duty to report annually to Parliament on the progress of inspection and regulation bodies in respect of race equality. The Bill already contains, in Clause 32, improved and strengthened provisions for reporting by the chief inspector, through the responsible Ministers, to Parliament. We would expect the chief inspector’s annual report on the discharge of his duties to include reference to the discharge of the duty placed on him or her by the Race Relations Act, and the discharge of that duty will, as I have explained, be a constant factor in inspection activity. Ministers will be required to lay the annual report before Parliament. I hope that I have reassured the noble Baroness that the amendment, which makes reference to other, unspecified, inspection and regulation bodies, is not necessary. We believe that the appropriate place for reporting requirements relating to other bodies is in the legislation governing those bodies. Therefore, I hope that this is one amendment that the noble Baroness will feel able to withdraw and that she will not need to come back to it on Report.