Police Reform and Social Responsibility Bill

My Lords, my noble friend Lady Farrington takes us back to the core of the debate. Of course, the question is: which Michael Howard? I very much agree with my noble friend that the problem we face is that we do not accept that police authorities have failed in the way that the Government say they have. We also do not accept that the police authority should not be the model that might be used to develop the police and crime panels. These issues of political balance and the role of independent members are very important. I should have thought that the model of the police authority was one to be followed. I know that the noble Baroness has tabled her own amendments. Their intention is to keep the same model as is currently in the Bill but to allow areas to increase their representation by co-opting additional members from existing local authorities or additional independent members, with a cap of 20 members in all. I welcome that as far as it goes. My concern is that I am not sure it is entirely appropriate to give complete discretion to the police and crime panels themselves. If we are preserving any remnant of a tripartite system, it is right for the Home Secretary to lay down through legislation certain minimum requirements for police and crime panels, such as that there should be political balance and a proportion of independent members. That is why I very much warm to my noble friend’s amendment. The noble Lord, Lord Shipley, raised the issue of substitutes. The problem is that the House has now decided, by voting, that the decision will not be that ““of those present and voting””. However, the House has not solved the evident problem that, by making sure the veto can be used only in relation to the number of members, there are all sorts of reasons why it will be almost impossible ever to use it. One thinks of illness. I understand that there is no proposal for how to deal with that. What happens if the local authority is setting its own precept at the time that the panel meets and a member of the panel has to attend? In some areas, we are talking about a large number of local authorities. The idea that a noble Lord can come to the Dispatch Box and say, ““Oh, but the meeting time with the PCP will be known and, therefore, no other authority will meet””, is unrealistic. In some areas, we will have a number of elected mayors—the Government are forcing referendums on 11 of the largest cities in England. Presumably, if the government amendment is passed, there will be elected mayors in other cities and boroughs who will already, and automatically, be members of the panel. You could have a situation whereby the attendance record at a meeting of the panel is quite low. It would, therefore, make it almost impossible for the veto to be exercised. The Government and the House have now decided to reject a sensible amendment by which the veto requirement should be ““of those present and voting””. I agree with the noble Lord that this matter has not satisfactorily been resolved. The Government will have to think about this matter between now and Third Reading, because this simply should not stand as it currently does in the Bill.