Police Reform and Social Responsibility Bill

My Lords, we have quite a long list of amendments in this grouping, including some government amendments, to which I will come at the end. I begin with Amendments 69, 188 and 194, tabled by my noble friend Lady Harris of Richmond and the noble Baroness, Lady Henig, and to which the noble Baroness, Lady Henig, spoke, concerning the appointment of senior police officers. These amendments would change the basis on which senior police officers, other than chief constables, would be appointed. They seek to give responsibility for the appointment of these officers to the PCC. The Government believe that responsibility for these appointments should rest with the chief constable. We believe that the chief constable is best placed to identify the mix of skills required for their chief officer team. They have the best understanding of the areas where their force has good skills and the areas where it would benefit from a fresh injection of skills. As a result, the chief constable should be able to determine who should be appointed to their top team. The Government believe that the PCC has a role to play in this process. That is why the Bill makes provision for the chief constable to consult the PCC prior to appointment. However, if the PCC is to hold the chief constable to account for the decisions that he makes on how to run the police force, the PCC must have some distance from the appointment of individuals in these ranks. It cannot be the case that the PCC is responsible for appointing these officers or involved in the process and then holds the chief constable to account for the way in which the force is run in the light of decisions taken by those officers. This would, I believe, compromise the PCC’s ability to discharge this function. I move on to HMCIC advice on chief constable appointments and the creation of appointments panels in Amendment 189A, proposed by the noble Lord, Lord Dear, and Amendment 195, proposed by the noble Baroness, Lady Henig, and my noble friend Lady Harris. I believe there would be some blurring of the lines of responsibility in the appointment of chief officers. The Government’s intention is that a police and crime commissioner will be democratically accountable for their decision regarding the appointment, suspension and removal of a chief constable and that the chief constable should be able to determine the appointment of their top team. I turn first to the appointment of the chief constable. We have put in place a number of checks and balances on the process of the appointment of chief constables, including the possibility of a veto by the PCP. However, while the PCP provides an important scrutiny function during this process, it is not the primary decision-making body. While there is no barrier to the PCC taking into account the views of HMCIC or others as it sees fit, to put this into primary legislation is difficult. I do not mean difficult in terms of the technicality of it; I just feel that it goes a little too far. Therefore I believe that these proposals are unnecessary. In respect of the appointment of the rest of the chief officer team, it is a fundamental part of the reforms that chief constables have the right to appoint their top team. They will, of course, do this following consultation with the PCC, and I remind the House that they will be required to act reasonably and lawfully. It is not as though they are going to be able to do this outwith the laws that would apply to this and their accountability for it. We believe that chief constables are best placed to make decisions about the make-up of their workforce, in particular, their top team. The involvement of the PCP would, we believe, undermine operational independence of the chief constable. Both the noble Baroness, Lady Henig, and my noble friend Lady Harris of Richmond have proposed that the role of the PCP be strengthened in the dismissal and suspension of senior police officers. While the PCP provides an important scrutiny function in relation to chief constable dismissals, again, it is not the primary decision-making body. PCCs are accountable to the local communities for their decision-making and they should therefore have the responsibility for determining whether chief constables should be suspended or removed. The decision to suspend or dismiss another senior officer must lie with the chief constable. In both cases, the decisions are subject to the requirement to act reasonably and lawfully under the safeguards set out in Schedule 8. Therefore, the amendments are not necessary or appropriate and I ask noble Lords not to press them. I turn to other matters relating to the dismissal of chief constables, covered by Amendments 186A to 186F, 193A, 188A to 188D and 194A to 194D. Amendment 193A relates to the dismissal of chief constables. The Government have carefully considered the views of partners and have tabled an amendment to give both the PCC and the chief constable the right to attend the scrutiny hearing. Therefore, I hope that Amendment 193A will not be pressed. Amendments 186A to 186F were tabled by the noble Lords, Lord Hunt of Kings Heath, Lord Rosser and Lord Stevenson of Balmacara. As I have noted, PCCs are required to act lawfully and reasonably in determining whether and on what grounds a chief constable should be suspended or removed. The amendments proposed would place unnecessary restrictions on the exercise of their powers. Amendment 186F would provide the Secretary of State with the power to veto the decision of the PCC. We have made it clear that for forces other than the Metropolitan Police Service—for which special conditions apply, not least to do with the requirements of national security—the decisions must lie in the hands of local people through the PCC. The Secretary of State's role would undermine the local democracy that is at the heart of the Bill. Amendments 188A to 188D and 194A to 194D, too, were tabled by the noble Lords, Lord Hunt of Kings Heath, Lord Rosser and Lord Stevenson of Balmacara. I come back to the fundamental principle of the reforms introduced in the Bill. Chief constables should be accountable and responsible for their decisions and actions in relation to policing. The ability to suspend or remove a chief officer is an essential part of these reforms, and of these officers’ responsibilities. Any decision to remove or suspend must remain a matter for them, but again it will be subject to the requirement to act reasonably and lawfully. We are also introducing safeguards under Schedule 8 to the Bill, including a key role for the police and crime panel in the appointment, suspension and removal of a chief constable. Amendments 205ZA and 205ZB would restrict the grounds for the removal of a commissioner or deputy commissioner. The Bill already recognises the unique nature of policing in London and has created additional checks and balances accordingly. Any decision to remove or suspend will be taken subject to the safeguards set out in Clause 49, and to the requirement to act reasonably and lawfully. For that reason, the amendments are not necessary. On the amendments that address Her Majesty’s Inspectorate of Constabulary’s role in the removal of chief constables and senior police officers, the Government have considered the views of the Chief Police Officers’ Staff Association, ACPO and the Police Advisory Board for England and Wales on the provisions in the Bill that cover the removal of chief officers. We have considered these representations very carefully. It is a fundamental principle of the reforms that those responsible for taking decisions about the appointment, suspension or removal of a chief officer are accountable. Those decisions are subject to the requirement to act reasonably and lawfully. None the less, we recognise the strongly held views on this matter held by policing stakeholders and are sympathetic to them. I would be happy to meet Members of this House to discuss any changes that should be implemented through changes to the regulations in discussion with policing partners, including the police negotiating machinery. Clearly, if noble Lords are keen to meet and discuss that in more detail, I would be very pleased to do so. Government Amendments 189 and 190 concern the eligibility of retired constables to serve as chief constables. They amend Clause 43 in and Schedule 8 to the Bill to permit a PCC to appoint a former police officer as chief constable, or Her Majesty to appoint a former police officer as Commissioner of the Metropolitan Police. Noble Lords may wish to note that under the Police Act 1996, former police officers are eligible for appointment as chief constables, or as the Metropolitan Police Commissioner. These amendments would see the current position on these appointments continue in that respect. At present the Bill, by specifying the appointment of a constable as chief constable or commissioner, restricts eligibility for appointment to people who hold the office of constable at the time of the appointment process. The amendments have the effect that eligibility is extended to those who have previously held the office of constable, as well as to those who hold it at the material time. If police forces are to continue to provide a high-quality service to their communities by reducing crime at a time when they are dealing with falling budgets, it is crucial that the field of eligible candidates should be as broad as possible. This should mean that PCCs should be permitted to appoint a former chief officer if the appointment is appropriate. Police authorities are currently able to do so, and the Government believe that their successors should retain this ability. There are examples of serving chief constables who have rejoined the service after retirement, including chief constables undertaking challenging positions in large, urban forces. The Government wish to see that, where appropriate, PCCs continue to be able to appoint retired chief officers as chief constables. Before I move on to the Government’s amendments, I will say a few words about points that have been raised across the House by the noble Baroness, Lady Henig, the noble Lord, Lord Dear, and others, about the pool of suitable candidates for senior officer and chief constable positions, and in particular the outcome of the Neyroud report. No decision has yet been taken on this as it is still out for consultation. We are not changing the current arrangements, but we envisage that as now there will be some sort of assessment role in these senior posts. Again, I am very happy to discuss this with noble Lords who have concerns in this area, and in particular with those who bring first-hand experience to the issue. We realise that it is important that PCCs should have the opportunity to draw from a pool of people who have been identified not only as having reached high standards but as being capable of providing the experience and leadership for the future. I will be very happy to discuss this with Members of the House on a one-to-one basis if they would like to have an input into the process. The Government’s Amendment 193 concerns the dismissal of chief constables. As I have said, the Government have considered the views of the Chief Police Officers’ Staff Association, ACPO and the Police Advisory Board for England and Wales on the provisions in the Bill that cover the suspension and removal of a chief constable. All meetings and representations have focused on the provision in the Bill that allows a PCC and a chief constable to attend a scrutiny hearing at which the PCP will look into the PCC’s decision to call on the chief constable to retire or resign, but only at the request of the PCP. After carefully considering the views of partners, the Government do not think that this is appropriate. In particular, we are concerned to avoid the possibility that a PCP could hold a scrutiny hearing without inviting the attendance of the PCC and the chief constable. The Government believe that both the PCC and chief constable should have the right to attend the scrutiny hearing. Whether they do so is of course a matter for them. None the less, they should at least be able to exercise their right to attend. We have also looked at the part that the PCC and the chief constable should play in the hearing if they choose to attend. Currently the Bill refers to them answering the questions of the PCP. We believe that it should be made clear that both the PCC and the chief constable will be able to make their representations to the PCP over and above their responses to the PCP's questions. It is particularly important that the chief constable should have the opportunity to put his or her case to the PCP, and the amendment achieves that. Before tabling Amendments 198 and 199, the Government again considered the views of the Chief Police Officers’ Staff Association, ACPO, the Police Advisory Board for England and Wales on the provisions of the Bill regarding the suspension and removal of a chief constable. At these meetings, all parties pointed out an anomaly in the Bill that would not permit a PCC to discipline, suspend or dismiss a deputy chief constable or an assistant chief constable acting as a chief constable. The amendments address the omission. It is important that we avoid a situation in which an officer acting as chief constable cannot be held to account by the PCC for action that the officer takes during his, or her, time as acting chief constable. The Government acknowledge that, in extreme circumstances, this may require the officer to be called on to retire or resign. However, the Bill as drafted does not allow for this. The chief constable would need to return to the force to exercise his power to dismiss the assistant or deputy chief constable. Given that there may be a significant delay before an absent chief constable returns or a new one appointed, it is important that there is a provision that entitles the acting chief constable to be suspended or called on to retire or resign. These amendments allow for this. I reiterate that there are matters relating the consultation on the pool of senior police officers that are not in the Bill but which we regard as important. Noble Lords have raised this tonight and there is certainly plenty of time for us to discuss how that pool of expertise will be brought together. I would welcome any responses from noble Lords willing to have an input.