Policing and Crime Bill

I shall take Amendments 32, 33, 34 and 35 first, and move on to Amendments 30 and 31. The first amendments aim to take out the direction powers that the Secretary of State would have to help shape the future of policing in the area, something that the Secretary of State is accountable to Parliament for. They would also remove the Secretary of State’s power to publish guidance to support the implementation of the provisions. One of the key reasons for bringing forward the clauses on collaboration is to ensure that this increasingly important means by which to deliver policing benefits from a clear and robust framework that Parliament can approve. At the heart of this is the empowerment of police forces and authorities to enter into collaboration agreements where that is in the interest of policing. However, as the person accountable to Parliament for policing, an equally important part of this is the power for the Secretary of State to be able to ensure that collaboration is done in a way that benefits policing generally, and that arrangements are coherent, transparent and, where possible, consistent. That is not only sensible but constitutionally sound. If this is to be achieved in reality, any Secretary of State will need the requisite powers to influence collaboration when it is deemed to be in the interest of the overall efficiency and effectiveness of policing. Powers to direct are not new. Indeed, the powers to direct in this area of business replicate and provide clarity to the broad powers that the previous Government enacted through the Police Act 1996. Other direction powers that the Secretary of State already has under legislation that predates this Government give the Secretary of State powers of direction over elements of policing such as performance, priorities and policing areas. These powers, as is the case with our clauses, are to be exercised in consultation with the parties affected. This continues to be a sensible way for these arrangements to proceed. There is a view that any direction given under this new legislation should be in accordance with the arrangements under the Police Act 1996, in particular Sections 40 to 40B. However, these sections deal typically with forces and authorities found, via a report by Her Majesty’s inspectorate, to have failed to discharge their functions effectively. While these clauses might be capable of enabling actions to be taken to remedy an individual force’s failings, there might be wider strategic reasons, such as a move towards certain operational services being delivered at the regional level, which warrant central direction of a different kind. Directions of the sort described would need to be given both to the police forces involved to incorporate the changes to their structure and to the police authorities to incorporate the appropriate changes to accountability arrangements resulting. It is right to use Sections 40 and 40A to react to failings in performance, but, as we stated in the policing Green Paper, if we are to best serve the public interest, we must proactively engage with the service, including HMIC, and proactively determine where robust and consistent collaboration is needed. Directions here would serve to consolidate a consensus and not simply be used as a last resort, which is what lies behind Section 40. In addition, Section 40 goes no way towards specifying the sorts of directions about collaboration that may be given. The new provision in this subsection provides this clarification. As the Home Affairs Select Committee highlighted recently, there may well be a need to require collaboration to deliver improvements in certain policing areas, and where this is the case, it is right for Government to exercise their powers to achieve this. However, a prerequisite is for Government to have the powers in the first place. The case for a more robust and consistent collaboration is emerging, with collaboration on functions such as serious organised crime growing. In the light of this progress across policing, we have already asked Her Majesty’s Chief Inspector of Constabulary to work with partners to scope what policing functions could usefully benefit from a more robust collaborative framework. It has, in turn, highlighted a number of areas where it is arguably in the public interest to proceed in a consistent manner across the country. I know that some believe that the powers being sought under Clause 5 should be expressly limited to those instances where it is in the interests of the effectiveness and efficiency of policing. I agree. This is, in fact, already provided for under Section 36 of the Police Act, which requires any power of the Secretary of State under Section 1 of that Act, which these provisions amend, to be exercised in a manner that promotes those aims. As we have demonstrated with the recent HMIC report, the Secretary of State will always need to be able to assure Parliament that the actions and decisions taken are grounded in the drive to deliver an effective and efficient police service. Some have expressed concerns that these powers to direct are compromising the independence of the police. Protecting the independence of the police is at the heart of our constitution and a critical safeguard in preventing the abuse of power by the executive. However, we must be equally careful to distinguish between this and the Executive’s role in ensuring that policing is delivered effectively and efficiently, ensuring the police have the right structures and processes in place to deliver this public-service ambition, and that it is in the public interest and in no way undermines or threatens the principle of police independence. The power to mandate in this area—which already exists—has been clarified by these clauses, demonstrating our desire to be clear about our intention in the area. It is unfair to suggest, as some have, that these powers are anything but open and transparent. After all, we set out our intention to consider requiring collaboration in our Green Paper in the summer of 2008. With collaboration becoming a major part of 21st century policing, it is right and proper that, as well as encouraging forces and authorities to pursue collaborative ventures, the Government reserve the right to consult those who are to receive directions—first, to help shape collaboration in those areas where they promote the efficiency and effectiveness of policing at a local, regional and national level, and, secondly, to intervene in those instances where a collaboration may benefit a few but is counterproductive to wider policing interests. I turn to Amendments 30 and 31. Statutory guidance is one of the key tools available to Government to ensure the effective implementation of new legislation and, in many instances, to clarify the intention of Parliament as a result of debates such as this one. This guidance becomes even more important where the legislation is seeking to drive organisational reform and new ways of working. In these instances, guidance allows delivery agents to avoid some of the pitfalls experienced by others, best value is achieved, and the legislation drives the necessary public service improvements. This is the purpose behind Section 23F, and to remove it would severely curtail the ability of Government to assist and shape public service reform, which is set out by this legislation but is underpinned by meaningful guidance of the kind that officials will work with the service to produce. This will of course include the APA, ACPO and all other partners helping to deliver effective policing. This consultation happens routinely. It is not restricted to the APA and ACPO and does not need to be included in primary legislation. While non-statutory guidance can be issued without the need for primary legislation, as we have seen at Committee stage in the Commons and here today there are issues that are best dealt with in guidance but that are sufficiently important that statutory guidance, developed in partnership with partners, is best placed to ensure that delivery agents have regard to it. I know that that has been a long response but I hope that I have been able to set out the case for why the Secretary of State’s powers to give directions about collaboration and to issue statutory guidance are both necessary and proportionate in collaboration agreements. In the light of my response, I would kindly ask the noble Lord and the noble Baronesses not to press their amendments.