UK Parliament / Open data

Police Reform and Social Responsibility Bill

In moving Amendment 51, I will also speak to my Amendments 52, 54, 142 and 143, with which it is grouped. I again apologise to the House that my amendments repeat, or are similar to, amendments to which I spoke in Committee. The large groups in Committee meant that we had what I might describe as composite responses from the Dispatch Box. Amendments 51 and 53 continue the theme of checks and balances in the shape of tools to enable the panel to do its job. Clause 12 is headed ““Information for public etc””. Under Clause 12(3), the commissioner must publish information which he or she ““considers to be necessary”” to enable local people to assess the matters that are set out: that is, information that he—some may be ““she””, but I guess they will mostly be ““he””—considers necessary. No doubt that consideration has to be done in good faith, but it strikes me that it would be almost impossible to enforce. I do not know who would enforce it. My amendment would insert, as additional matters to be included, those, "““which are required by the relevant police and crime panel””." As I say, these tools would enable the job to be done and would interpose the strict checks and balances required to check and balance the commissioner. I have already alluded to the provision that I seek to add to Clause 13. It is not an onerous or difficult obligation but would allow the panel before the beginning of the relevant year to tell the commissioner what it thinks ought to be included in the annual report. This was applied in London under the GLA Act when I chaired the Assembly. After the Assembly had had a preliminary discussion about the items that it thought should be included in the mayor’s annual report, there was a negotiation with the mayor. It was a perfectly civilised but productive process. Amendment 52 is designed to draw attention to the position of victims of crime and to ensure that ““performance”” includes, "““the treatment of victims of crime””." I have brought this up again because I do not think it was answered in the group in which it was contained previously. Amendments 142 and 143 are a repetition of amendments concerned with the attendance of senior officers and the production of documents and information. I heard what the Minister had to say in our debate on the previous group about allowing the attendance of the most senior officer. You do not need to put into legislation that someone may attend a meeting; the legislation should not set out a narrative of what might happen but provide rules if people are not minded to do the sensible thing. Surely the point of a law of the land is to require attendance—in this case of someone who is not particularly willing to attend. If we think that attendance is a good and productive thing, the role of the legislation is to ensure that it is required. My noble friend Lord Wallace did not state specifically which amendments he was speaking to—he said that the Government were right about some of them—but he said that the balance was wrong and that he was concerned to protect the commissioner from, "““being inundated with requests for information””.—[Official Report, 24/5/11; col. 1750.]" However, the panel’s role is to advise and scrutinise the police and crime commissioner, especially in respect of the annual police and crime plan. To advise and to scrutinise in the broadest sense, the panel needs information, and not only the information that the commissioner determines that it should have. This applies to every piece of information because everything is relevant to the plan. I fully appreciate where accountability lies—with the chief constable to the police and crime commissioner and with the commissioner to the electorate—but there are dotted lines in there to enable the panel to be brought in. Sometimes it is appropriate and practical for someone a bit less senior than the chief constable to attend, but at other times it is necessary to insist on his attendance and to insist that documents and information are provided. The Government have tabled amendments in this group. Some of them are about the request to which I have referred; others change the relevant term from ““reports”” to ““information””. They are a minor improvement but still do not seem to my mind adequately to recognise the role of the panel. I beg to move.
Type
Proceeding contribution
Reference
729 c66-8 
Session
2010-12
Chamber / Committee
House of Lords chamber
Back to top