Policing and Crime Bill

My Lords, I rise to resist this amendment, although I recognise the concern that police authorities might have over the provision in Schedule 7 that restricts their use of the Local Authorities (Goods and Services) Act 1970. I understand that Section 1 of that Act is used most commonly by police authorities to make agreements on the provision of goods and services with other public bodies, such as local councils or other emergency services, rather than with other police authorities, and I should make it clear from the outset that the provisions in the Bill do not prevent that continuing and are, in fact, not concerned with that situation. However, without this consequential amendment in Schedule 7, an unacceptable loophole would remain. Police authorities could use the 1970 Act for agreements between police authorities where they could be using the collaboration provisions in the Police Act 1996, as amended by Clause 5. This would allow police authority agreements to circumvent the safeguards provided in the collaboration provisions. There is no particular advantage for police authorities in using the Local Authorities (Goods and Services) Act with each other instead of the Police Act collaboration agreement provisions—it simply allows agreements about providing goods and services to be made between local authorities and any person—save to avoid having to comply with the provisions in the Police Act. In that way, they do not need to have regard to any guidance that may be issued by the Secretary of State on best practice in drawing up agreements and do not have to consult their chief officer. It has been suggested that some agreements between police authorities are too small to warrant being categorised as collaborations and therefore do not deserve to be constrained by the provisions in Clause 5. I argue that the constraints placed on police authority collaboration agreements do not impose a significant burden and I trust that authorities use common sense in judging what is required for compliance in each case. They must consult their chief officer on all agreements but, if the subject of the agreement has no impact on operational matters, that consultation would be routine. In our work with police authorities and the Association of Police Authorities on developing the statutory guidance on collaboration, we will want to ensure that it addresses the need to tailor agreements within the legislative framework across the whole spectrum of joint working, from sharing specialist staff between police authorities to multiforce collaboration programmes. The greatest clarity of outcome is achieved in this situation by preventing the availability of any alternative legal mechanism as the basis for collaborative working. On that basis, I hope that the noble Baroness will feel able to withdraw the amendment.