Police Reform and Social Responsibility Bill

My Lords, Amendment 1A and the two other amendments in this group come to an important matter that goes to the heart of the Bill: the relationship between the elected police and crime commissioner and the chief constable. Whatever one’s view of the Government’s proposals, no noble Lord will underestimate the importance of this relationship or of ensuring that it is appropriate, proper and constructive. The noble Lord, Lord Elystan-Morgan, who is now not in his place, spoke eloquently about the meaning of direction and control of a police force under a chief constable. We know that there are inevitable tensions between police authorities and chief constables. That is healthy and entirely proper. The risk is if an unhealthy tension is created. On the one hand, there is the risk that an elected police and crime commissioner—with clearly more authority from being elected—will seek to interfere unduly in the performance of the duties of the chief constable. Equally, I am sure that some chief constables might resist the proper use of the powers of the police and crime commissioner and seek to keep them away from discussion on issues that are perfectly legitimate. The relationship between the PCC and the chief constable is very important. The Minister has kindly shared with us some of the discussions and draft papers that lie behind the production of a draft protocol or memorandum of understanding between the chief constable and the police and crime commissioner. I am grateful for that. When we discussed this matter in Committee, I asked whether such a memorandum of understanding or protocol should be placed on a statutory footing. The Minister accepted that this was an important matter and agreed to consider it and come back to the House at a later stage. I would be interested in her response. I fully accept the point made by a number of noble Lords that if chief constables and police and crime commissioners have to have recourse to a document to interpret whether a particular behaviour is in accordance with the memorandum of understanding or protocol, the relationship has already broken down. It is rather like the partnership agreement between general practitioners. Once they get that out of the safe, they have reached a stage where a break-up is only too likely. However, a protocol or memorandum of understanding provides at the very least a backcloth to this important relationship. Even if it does not have to be taken out of the drawer, both the chief constable and the police and crime commissioner will be aware of its existence and the principles that it seeks to underpin. Given the importance of that protocol or memorandum of understanding, I would have thought that it might have benefitted from having a statutory basis. That would give it the important signal of parliamentary legitimacy, and would be helpful in setting up the relationship as constructively as possible. I hope the noble Baroness will be able to come back with a positive response. I beg to move.