My Lords, I thank the noble Lord, Lord Armstrong of Ilminster, for securing this debate. I declare an interest not only as a former senior Metropolitan Police officer but as someone who is gazing across the Chamber at three former Metropolitan Police Commissioners. Of course, that will not influence what I say. On Operation Conifer, I say only that I hope the House will soon be given the opportunity to debate my Private Member’s Bill on pre-charge anonymity.
We on these Benches remain sceptical about the benefits of police and crime commissioners over police authorities—despite some very good examples, such as our very own noble Lord, Lord Bach—and advocate their replacement with panels of locally elected councillors or London Assembly members. However, I take exception to what the noble Lord, Lord Bach, said about party-political influences. As noble Lords will know, police and crime commissioners are now predominantly party-political candidates. In 2012 there were 12 independents; in 2016 only three independents were elected. I accept that they may not be party political in terms of local politics but when it comes to arguments about, for example, resources for policing, I wonder how vocal Conservative police and crime commissioners have been, compared with Labour police and crime commissioners, about the lack of central government funding for policing. There is a danger of politicising the police—of chief constables being selected according to whether their politics align with those of the local PCC. I can think of a famous example of a chief officer being sacked because his political views did not align with those of the police and crime commissioner.
There is also the problem, raised by the noble Lords, Lord Blair of Boughton and Lord Stevens of Kirkwhelpington, of the low number of applicants for chief constable posts. The seventh report of the House of Commons Home Affairs Select Committee in 2016 said:
“It is deeply concerning that there have been so few applicants for recent Chief Constable vacancies … It is also worrying that incumbent deputies often seem to be the only candidates”.
That relates to what the noble Lord, Lord Armstrong, said about the difficulty of having two individuals—the chief constable and the PCC—with so much relying on the personalities of the two.
A case was drawn to my attention where serious allegations were made about the chief constable of a particular force. Rather than initiating an independent investigation, the police and crime commissioner is alleged to have passed those accusations to the chief constable, including the identity of the accuser, placing that person—a member of that force—in an invidious position. Eventually, in 2014, following further allegations from other members of the force, that chief constable was suspended and the matter was investigated by the IPCC. But a misconduct hearing conducted by the police and crime commissioner, rather than sacking the chief constable, recommended eight final warnings, and the chief constable was reinstated. It was only after concerns were raised by the chief officer group of the force, the Police Superintendents’ Association of the force, the Police Federation of the force and Unison, and a public petition of more than 1,000 signatures calling for the chief constable’s resignation, that the police and crime commissioner began the process requiring the chief constable to resign, which he subsequently did. As the noble Lords, Lord Bew and Lord Wasserman, said, there is clearly a need for greater accountability of police and crime commissioners. The person who contacted me asked, “What happens when the police and crime commissioner is guilty of misconduct?”—a question that I did not have an answer to.
As for the role and responsibilities of police and crime commissioners, they already have a huge area of responsibility, not just for the police but for crime and disorder reduction. The Association of Police and Crime Commissioners briefing provided for this debate says:
“PCCs work in partnership across a range of agencies at local and national level to ensure there is a unified approach to preventing and reducing crime”,
and:
“Police and Crime Commissioners are actively involved in work that goes beyond policing including on victim services, mental health, community safety, reducing offending, child sexual exploitation and abuse, youth justice and beyond”.
Despite that, the Government have pressed ahead with giving police and crime commissioners other responsibilities, such as for the fire service. When one considers the sort of scrutiny the London fire and rescue service has been under this week in the Grenfell inquiry, one has to agree with the Home Affairs Committee report, which said:
“Adding further to their responsibilities … is an interesting idea but one which we believe requires detailed scrutiny and should be left until later”.
I am also concerned that an unintended consequence of these additional responsibilities for police and crime commissioners will be the erosion of the role of locally elected councillors and London Assembly members. Coupled with the erosion of central government funding, is this part of a government strategy to undermine local authorities and local democracy?
Police authorities mainly comprised elected representatives from a range of political parties, magistrates and independent members who could make up for any gaps in representation; for example, of minorities. There were representatives from different parts of a police force area—urban versus rural, for example—and
local problems and concerns could be championed by individual police authority members and addressed. If not party-politically neutral, they were certainly more politically balanced. Local councillors on police authorities could balance the needs of police funding, which is increasingly falling on local authorities as central government funding for the police reduces, against the needs of other local services; whereas police and crime commissioners only have to consider raising money locally for the police. Crime and disorder partnerships, based on local authority areas, could be better synchronised with police authorities.
As other noble Lords, including my noble friend Lord Scriven, have said, there is concern about democratic legitimacy, public awareness and accountability. Democratic legitimacy and public awareness of who holds the police to account and how to make representations are still as lacking as under the old system. According to the APCC briefing, PPCs have,
“increased the transparency and accountability across the policing landscape through their directly elected role”.
I am not sure the evidence backs that up. Turnout for the police and crime commissioner elections in 2012 was only 15% and in 2016 was between 23% and 26%. I expect PCCs are as largely invisible as their police authority predecessors. Indeed, the Home Affairs Committee said that,
“public engagement by PCCs … is an extremely important part of their role if they are to be truly representative of, and accountable to, their local areas … We would like to see all PCCs … putting the highest priority on engaging with their electorates”.
Contrary to what the noble Baroness, Lady Seccombe, said, arguably the PCC system costs more than the system that it replaced. For example, you have not only the salaries of PCCs but of deputy police and crime commissioners. A PCC can appoint anybody they like to that role. Of course, in addition there is the cost of the elections, and sadly we have already had one by-election as a consequence of the tragic death of a PCC. All these costs add up.
As elected representatives, the only way that police and crime commissioners can be held to account is by police and crime panels. As the Home Affairs Committee report says,
“panel members need to be properly trained, resourced and supported”,
but of course the only training, resources and support they will get are those provided by the police and crime commissioner himself or herself.
Overall, we think the old system had its drawbacks but the cost-benefit analysis for police and crime commissioners comes out negative.
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