Police Reform and Social Responsibility Bill

My Lords, this amendment, as with similar amendments at Report stage, seeks to secure the appointment of an acting PCC from the police and crime panel rather than the PCC staff. I want to make it clear that the Government accept that this is a important area and one that we must get right. I am aware that the Opposition disagree with the Government’s proposals, but I continue to believe that the alternative put forward is not the answer. Our objective is simple—we agree that the acting PCC must be underpinned by a mandate from the people to act. The point is that, true to democratic principles, this mandate must be what the people have voted for in that force area. The opposition amendment would replace one elected mandate—the legitimate one that brought the PCC into power—with another that may be completely different and at odds with that of the PCC. I accept that a member of the PCC staff does not have a direct mandate. They are there to help deliver the PCC’s police and crime plan. We have ensured that they cannot amend this while doing their caretaker role—this will ensure that the mandate of the PCC and the public’s will is maintained. Maintaining the PCC mandate intact is important—delivering on an elected mandate is what democracy is all about, and there are also practical implications. As I have pointed out at previous stages in the Bill, we do not want another local politician, with possibly a different agenda, to take the reins and take the police force in a different direction. We believe that this is not a good proposal. There is a fundamental difference in our approach to this—we see the acting PCC role as a caretaker role and nothing else; it seems that the Opposition see the acting PCC as more than this. Given the direct mandate of the PCC and the fact that the acting PCC should be a temporary measure, I cannot agree. We cannot hand the office of PCC to somebody who will likely seek to take the force in a different direction without a mandate. This was debated during Report, when the noble Lord, Lord Harris of Haringey, in particular made the point that there are no other examples of an unelected person setting a precept. It is important to note here that the acting PCC is hardly acting completely unchecked. First, the PCP has a veto in this area; and, ultimately, should the precept remain excessive, it will be subject to a referendum. I will finish on how this is all likely to work in practice—after all, this is what matters. As noble Lords know, the Government introduced an amendment to allow PCCs to establish deputies. In reality, we envisage that the PCP will appoint the deputy as the acting PCC. Given the debate thus far on the need to ensure the PCC has sufficient powers, noble Lords will see that we have left it to the PCP to decide which members of the PCC staff should be appointed in the circumstances and at that time. I believe that this satisfies the democratic need in this area and I ask that the amendment is withdrawn.