Policing and Crime Bill

This amendment seeks to ensure that there is always a police authority representative on crime and disorder committees to square the circle regarding police accountability. Crime and disorder committees are effectively council overview and scrutiny committees when they sit to consider crime and disorder issues. They were created through the Police and Justice Act 2006 with the intention that they should scrutinise the work of crime and disorder reduction partnerships. That was nearly three years ago, but the regulations governing the operation of these arrangements were implemented only this year in April. Noble Lords with memories somewhat better than mine may recall that I spoke about these provisions when the original Police and Justice Bill was in this House. At the time I was concerned, among other things, that the committees would be used to scrutinise individual partners, and not the partnership as a whole, as intended by the then Bill. I was concerned in particular that the committees would be used in practice to try to hold to account individual police commanders—because police commanders are accountable to the chief officer, who in turn is accountable in law to the police authority. It is not for council committees to do the statutory job of other bodies. To guard against this possibility and square the accountability loop, I suggested that provisions should be included in the Bill, specifying that a police authority member should sit on the crime and disorder committee. At the time, my noble friend Lord Bassam resisted my call to put this in primary legislation, but agreed to ensure that it was covered in the regulations that followed. When eventually the regulations were published, in April this year, I was surprised and concerned to see that they did not specify that a police authority member should be co-opted onto these committees. The regulations did contain permissive powers enabling representatives of outside bodies to be co-opted at the discretion of the council. However, if a council chooses not to do this, significant difficulties concerning police accountability may arise. I appreciate that the Home Office guidance that supported these regulations made strong recommendations that police authority members should be co-opted onto committees where policing matters were being considered. However, I am also aware that several councils will not, as a matter of principle, co-opt outside individuals onto their committees unless legislation compels them to—and guidance is not legislation. So the situation remains unsatisfactory from a policing point of view, and risks creating tension between local authorities and the police, who are not legally accountable to them. This could have a detrimental effect on partnership working at a time when it is important that all parties work well together to make the best use of scarce resources. In moving the amendment, I ask my noble friend if he has any plans to revise the regulations at some point in the future, or any other plans that would allay my concerns. I beg to move.