Police and Justice Bill

My Lords, Amendments Nos. 68, 70 and 73, which complete the selection initiated by my noble friend Lord Bridgeman, seek to apply the requirements of Clause 18 for local authorities to set up oversight and scrutiny committees for crime and disorder matters and what we have learnt to call the ““community call for action”” to the particular circumstances of the City of London. It will be no surprise to your Lordships to learn that specific provision is needed. ““Unique”” is an overused description; I know, however, from having had the honour to represent the City for 24 years before entering your Lordships' House—which made me the third longest serving MP for the City since 1283—that the City can genuinely be described as a class of one. I am conscious that your Lordships' House is anxious to proceed to more contentious matters, but the uniqueness of the City of London, in more senses than one, confers certain complications, which I need to explain and hope to resolve. I do not presume to offer your Lordships a magnum opus on the City’s constitution, but it is worth recording that the City is a corporation by prescription and not a creation of Parliament. Within the City of London, one of the three executives of the City Corporation, namely the Common Council, has, however, been given the functions conferred elsewhere on the statutory local authorities since their creation as part of the 19th century reforms for local government. It is appropriate to mention, because it has particular relevance to the need for these amendments, that the City’s internal structure bears little relation to that of a local authority. It is also worth noting, bearing in mind that the subject matter is crime and disorder, that the City itself incorporates the functions of a police authority. These features are important because when what is now Clause 18 was inserted in Committee in another place to capture councils not operating the new style executive arrangements, with which those of your Lordships with experience of local government will be familiar, the then Police Minister, Ms Hazel Blears, noted that the clause was intended to be all-encompassing as an alternative to seeking, "““lengthy drafting amendments to the Bill””.—[Official Report, Commons Standing Committee D, 23/3/06; col. 204.]" Inherent in the intention appears to have been the assumption that the local authorities to which the clause was to apply would have an overview and scrutiny committee which the clause would complement. That was a reasonable assumption for local authorities in general because even where a local authority has not adopted the new executive arrangements, which most are required to do under the Local Government Act 2000, regulations still require those authorities to establish an overview and scrutiny committee. That is not, however, the case for the City of London. Unlike local authorities, the City does not have an oversight and scrutiny committee. Oversight and scrutiny functions are applied by the Common Council itself, and through its committees and sub-committees. There is therefore no existing structure to which the requirement in Clause 18 can relate. A practical consequence of applying the clause would be to require the City to reform its existing committee structure and its membership. It would require the creation of another committee to scrutinise crime and disorder matters, which are overseen also by several other committees, including the committee overseeing the police functions. It would result in confusion and duplication of functions between committees, and would certainly not enhance the efficiency of oversight and scrutiny of crime and disorder issues. As for the detail, I shall concentrate on Amendment No. 73. Amendment No. 68 to Clause 18 and Amendment No. 70 to Schedule 6 are consequential. The object of Amendment No. 73 is to achieve the scrutiny and accountability requirements anticipated by Clause 18, without requiring the creation of additional, unhelpful administrative machinery. Subsection (1) would confer on the Common Council the powers of oversight and scrutiny conferred by Clause 18(1), but without requiring the City to set up a new committee. These powers would be exercised through the Common Council's existing administrative structure. Subsections (2) and (4) would apply the requirements of transparency contained in Clause 18(2) and (7). Subsection (3) would apply the requirements of Clause 18(3) in respect of members of local authorities to the members of the Common Council. Subsection (5) would impose the same obligations for follow-up action on crime and disorder matters as those imposed by Clause 18(8). Subsection (6) applies the provisions of Clause 19, dealing with guidance and regulations issued by the Secretary of State, but subject to any modifications necessary to deal with the City's administrative structure. Subsections (7) and (8) set out the definitions. The new clause admittedly extends the text of the Bill by a few lines, but the need to provide for the City's particular circumstances is not unusual. It is perhaps worth noting that, in relation to oversight and scrutiny in health service matters, specific provision was made to deal with the City through Section 10 of the Health and Social Care Act 2001. I understand that these amendments have emerged following productive discussions between the City and Home Office officials, which I take this opportunity to acknowledge. I hope that the Minister will feel the amendments to be a reasonable way to approach the application of Clause 18 to the City.