Police Reform and Social Responsibility Bill

My Lords, I shall speak to Amendments 121 and 123. I mention in passing that it seems clear that the objective of Amendment 140, on which we might have said some things, has been achieved by Amendment 139. I share some of the concerns of my noble friend Lord Newton. This is a complex matter that requires further thought. We have had some concern about the small size of the panel, so the Government’s proposal is welcome. We had wanted four co-opted members and 15 local authority members, making a total of 19 altogether. It is important that the panel is not too big—otherwise it might become unwieldy—but it has to be big enough to enable the diversity and geographical requirements to be met as part of the construction of that panel. Otherwise, it will not represent the area that it seeks to represent. There are two outstanding issues. The first relates to the political balance of parties. It could be possible for a party-political label to be attached to the elected commissioner, and that party could have a massive majority of the local authority representatives nominated to the panel. That is not in the interests of the general public, and there has to be a system of meeting what the noble Lord, Lord Harris, pointed out—that the issue of proportionality must be delivered. Otherwise, the public will not have confidence in the ability of the panel to scrutinise independently and objectively the work of the commissioner. The second issue that will have to be addressed is that of substitutes. Whatever the size of the panel, the fact remains that if people send apologies some local authority areas simply will not be represented at a key meeting. It would not be sustainable for a debate on the precept level to be undertaken without some councils being present at it. The issue of substitutes has to be urgently addressed. It is entirely possible that there could be an outcome, given the vote that we have just had, where, thanks to a majority of the members of the panel, if people were not present at the meeting, a different result could have been obtained had there been a higher turnout because of the way in which the veto operates. There is then a question of whether telephone or video attendance would be acceptable. These are not secondary matters; they are fundamental. If a local authority finds that it cannot be present at a critical meeting and yet, for example, a precept is approved that it would not have supported, that is not going to be sustainable even in the short term. The Government will have to come up with some amendments regarding that.