The noble Baronesses seek to enshrine in primary legislation the existing duty on those who appoint councillor members of police authorities to reflect the political balance of councils in that area. The Government are aware of the importance of this long-standing principle, which is why it was included in the Police Authority Regulations 2008. I am afraid that I do not see the value of moving this into primary legislation. These regulations have the full force of law and the Government have no plans to remove this principle from them. The Government are also required by statute to consult the APA whenever these regulations are amended. Therefore, if the situation should ever arise where the Government sought to amend this, the APA would be involved in that decision right from the beginning.
This amendment also seeks to place a duty on councils and joint committees to fill skills gaps in police authorities when appointing councillor members. This duty has long been placed on independent member selection panels when they appoint independent members. Extending this duty to the appointment of councillor members merits serious consideration. Many councillors have a broad range of skills and it appears sensible, in essence, for these skills to be considered in their appointment.
However, the wider context also needs to be taken into account. Often these decisions reflect broader concerns including political interests. I would not wish to impose restrictions on the discretion of councillors appointing their own members without first engaging with the Local Government Association and other interested stakeholders. I will ask Home Office officials to engage with the APA and the Local Government Association on this matter, with a view to the issue being considered as part of the regulatory reform of police authorities that is currently under way.
I understand the noble Baronesses’ desire explicitly to allow the delegation of appointments to a police authority committee. It is very sensible that small committees of police authorities carry out the interviewing of candidates rather than the whole authority. However, I think that this amendment needs proper deliberation before it is included in the Bill. For example, I would wish fully to understand how this proposed power would interact with local government legislation. Would it impose any limits or requirements on membership of the committee? Could non-police authority members be co-opted on to that committee?
I hope that the noble Baronesses will agree that further thought should be given to their amendment and will agree to withdraw it on the understanding that Home Office officials include these issues in their review of police authority regulations and guidance.
Policing and Crime Bill
Proceeding contribution from
Lord West of Spithead
(Labour)
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 c1445-6 
Session
2008-09
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