Policing and Crime Bill

This amendment seeks to provide a mechanism whereby airport operators, the police and other bodies could, with the consent of the Department for Transport and the Home Office, draw up relevant guidance for the purposes of new Sections 29A to 29E of the Aviation Security Act. These sections primarily concern the circumstances in which police services agreement disputes may be referred to the Secretary of State, and the Secretary of State’s powers to deal with such disputes. The amendment would also place the Department for Transport and the Home Office under an obligation to provide reasonable assistance to parties drawing up guidance for the purpose of these sections. The Committee may wish to be aware that the department is already producing a full guidance document that will provide advice to our security partners on these provisions. Under the terms of new Section 29C(3), the Secretary of State is already required to consider such guidance when considering any dispute either about the terms that should be included in a police services agreement, or any variation to an agreement. This guidance document is undergoing an extensive process of consultation and colleagues from the Association of Chief Police Officers, the Association of Police Authorities, the UK Border Agency and senior industry figures have already made an extensive contribution to this work. While we have sought input from our security partners in the drafting of national guidance, we do not believe that it would be appropriate for these partners to lead on its production. It would not make sense for these partners to set the terms of the guidance that explains how their own legal obligations should be met. This is properly the responsibility of government. The amendment specifically raises the question of what guidance will be issued in relation to new Sections 29A to 29E, which primarily concern powers of the Secretary of State to be exercised in seeking to resolve a dispute and when providing a determination. Because disputes are likely to vary significantly in nature and complexity, the Bill provides the Secretary of State with broad powers to resolve a dispute. This allows for each to be dealt with in the most appropriate matter. It is therefore not possible to give an undertaking as to precisely how each dispute case will be handled. But I am happy to accept the point made by the noble Baroness that there is concern about this and I hope that we are able to allay that concern. I hope that my earlier remarks regarding how the Secretary of State may choose to approach a dispute—for instance through use of an initial dispute resolution stage prior to determination—will be of help in this respect. In view of the reply that I have given the noble Baroness, I hope she will be able to withdraw this amendment.