This is a probing amendment. If the Committee were to accept the argument that I propose, a number of consequential amendments would in practice be required to give effect to this amendment. At present, chief executives of police authorities do not enjoy the same statutory protection as chief executives of local authorities. For that matter neither do the other statutory officers, the treasurer and the monitoring officer. The amendment is intended to rectify this anomaly.
Section 4 of the Local Government and Housing Act 1989 requires a relevant authority to designate a head of paid service. In practice, that is usually the chief executives of the authority. The definition of "relevant authority" in this section of the Act does not include a police authority, although a number of other sections apply to police authorities. In 2001, the Local Authorities (Standing Orders) (England) Regulations were introduced, part of which dealt with incorporating into authorities’ standing orders certain provisions about disciplinary action that could be brought against the head of paid services, the chief finance officer and the monitoring officer.
At the time of the 1989 Act police authorities—as I well remember, having been a member of one—were still a committee of the local authority rather than the independent bodies that they now are. However, it is not clear why police authorities were not included in the 2001 order, because by that time they were independent bodies, other than in the City of London, where I understand that the police authority continues to be the Common Council of the City of London.
In 2001, chief executives of police authorities were called clerks. I remember participating in a police Bill a few years ago that managed to get their title changed to that of chief executive, about which they were all very pleased. One can speculate that in 2001 many chief executives of police authorities were also chief executives of a local authority, so that they headed police authority secretariats on a part-time basis. To that extent, chief executives had relevant protection through their mainstream employment; they were part time on both sides. However, even then not all statutory officers of police authorities were also local authority employees, and now it is almost definitely the case that very few are.
Now that there is increased emphasis on strengthening police authorities and making both members and officers more accountable, is it not time to rectify this anomaly? I want to ensure that not only chief executives but police authority treasurers and monitoring officers—sometimes they are the same person—benefit from the same protection as their counterparts in local authorities. I beg to move.
Policing and Crime Bill
Proceeding contribution from
Baroness Harris of Richmond
(Liberal Democrat)
in the House of Lords on Monday, 22 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
Type
Proceeding contribution
Reference
711 c1359-60 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2024-04-21 12:10:26 +0100
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