Policing and Crime Bill

My Lords, Amendments 2 to 6, proposed by my noble friend Lady Henig, would make changes to the statutory senior appointments panel clause and stem from her concern that the tripartite balance may be damaged in the membership and operation of that panel. This issue was discussed in Committee and I can confirm, as I did then, that the Government are committed to working through the tripartite to get the best possible leaders for the future in policing. A more proactive statutory senior appointments panel will play a key role in delivering this. The function of the police authority to appoint senior officers set out in the Police Act 1996 is unaffected by the Bill. The panel will provide advice to Ministers about the approval of candidates for appointment and will increasingly take a more strategic overview of the talent pool, which we all believe to be necessary. We have talked about this before in the House. Amendment 2 would remove the possibility of appointing independent members to the panel while retaining an independent chair. My noble friend Lady Henig spoke about the independence of the panel. I understand that underlying this amendment is a concern that a Home Secretary could unbalance the panel. However, as set out in the policing Green Paper, the Government believe that the new panel should have a greater independent element so that there is a broader perspective on leadership. We feel that this is important and needs to developed and grown within the police service. This is established by Clause 2. The provision in new Section 53B(2)(a) is intended for appointing a small number of independent members. Indeed, as the current non-statutory arrangements already include an independent member, the effect of the amendment would be to remove this perspective. The precise number of independent members will be subject to consultation with the APA and ACPO as part of the panel constitution. Appointments will be made according to the Office of the Commissioner for Public Appointments principles. This means that they will be made on merit and that there will be openness and transparency in the appointments. Such appointments are made when people apply for certain jobs. There is an interview panel that makes recommendations to Ministers. We will discuss with tripartite partners how they might best be involved in the selection process for independent members. Amendment 3 is also concerned with the composition of the panel and specifies that the representative members of the panel shall be of equal numbers. Again, the Government share with the Association of Police Authorities the view that a balanced tripartite contribution to the panel is important for it to deliver improvements to the appointments system. This is why the Bill specifies the ability of the APA, the Association of Chief Police Officers and the Secretary of State to nominate representative members to the panel. However, while I understand the concerns behind this amendment about how, in theory, a future Home Secretary could unbalance the panel to exercise undue influence, I do not share them. Police authority appointment of candidates and the approval role of Ministers are statutory roles contained in the Police Act 1996. They are not changed by the establishment of an independently chaired statutory panel to provide advice. Seeking to appoint large numbers of representatives to the panel would only serve to undermine the confidence of authorities and the service in the work of the panel. I therefore believe that it is unnecessary to state the tripartite balance in the Bill and that the current proposals, whereby the panel constitution will specify that the tripartite is equally represented on the panel, are adequate. Amendment 4 would allow the Secretary of State to pay fees to members of the panel representing the tripartite. It was not our intention to remunerate representative members for attending the panel, which is why the clause is drafted as it is. This is consistent with the statutory arrangements for the Police Negotiating Board. Amendment 5 sets out particular functions of the panel. The panel will advise the Secretary of State in his role in chief officer appointments and ensure that he has sufficient information to enable him to undertake his role. It will also advise the Secretary of State and police authorities in developing the senior talent pool in policing, which we all felt to be very important. There is also important work to do to look at the assessments process for chief officers to benefit all involved, which the senior appointments panel has already begun to consider and on which there will be wider consultation. A key feature of the improved senior appointments process will need to be consideration of local needs alongside the strategic picture, a point that was made by a couple of speakers. Local need is important. The Government are content that the Bill already provides adequately for the panel to undertake its functions, but there is also scope to provide for additional functions—a point mentioned by my noble friend Lady Henig—for the panel where needed, for example, to develop an approach to co-ordinating appointment rounds in order to increase the transparency and effectiveness of the process. I know that there are particular concerns from police authorities about co-ordinating the appointment of assistant chief constables and commanders on promotion following the strategic command course. Amendment 6 specifies that the Secretary of State must consult the APA before conferring additional functions on the panel. New Section 53D(4) already specifies that the panel, on which the APA will have membership, shall be consulted. Therefore, I believe that the existing provisions meet this intent and that the amendment is unnecessary. In summary, Clause 2 already provides the framework needed to oversee and manage police senior appointments most effectively. We understand how important they are, but I do not agree that the amendments are necessary. The noble Baroness, Lady Neville-Jones, asked about the timing of the work that we are doing. It will be done within 12 months, following the commencement of the consultation and the SIs being in place. On the basis of my explanation and assurances, I hope that the noble Baroness will withdraw her amendment.