Policing and Crime Bill

My Lords, Amendment 152AY would remove new Section 24AO(5) and have the rather curious, and I suspect unintended, effect of removing the power that ultimately enables the Secretary of State to make a final determination to resolve disputes about the contents or implementation of airport security plans. I suspect that that is not what the noble Baroness intends, but she specifically asked how the resolution process could work in practice, and I am very happy to answer that question. Because disputes are likely to vary significantly in nature and complexity, the Bill provides the Secretary of State with broad and flexible powers to resolve differences, whether these relate to airport security plans or police services agreements. Powers contained in new Sections 24AO and 29B allow the Secretary of State to compel parties involved in a dispute about an airport security plan or a police services agreement respectively to take steps that he considers will assist in the resolution of the dispute. As part of what I will call the initial stage, the Secretary of State could choose to compel the relevant parties to attend meetings with officials in order, for example, to work through the evidence base for either document. Alternatively, the power could be used to facilitate an external inspection of policing. This approach could be very effective in particular cases and give parties the opportunity to resolve the dispute in a mutually agreeable manner at less cost than formal determination might require. The Secretary of State may choose to determine a dispute either because steps taken during the initial stage have not satisfactorily resolved matters or because he considers it most appropriate to proceed directly to a determination. When determining a dispute, the Secretary of State will consider the information that the Bill requires to be considered, such as any representations from relevant persons, as well as any further evidence that he feels is necessary. That might include advice from independent experts. I emphasise that the use of the powers that provide for the initial dispute stage is not a prerequisite for the Secretary of State’s formal determination of a dispute. Whether or not the initial stage is employed, in the event that a dispute is unresolved the Secretary of State can proceed to a determination. It is important that we have a flexible way of dealing with disputes, but also that the Secretary of State can determine them where necessary, so this new subsection is essential. I hope, in light of the clarification that I have offered the noble Baroness, that she will feel able to withdraw her amendment.