Draft West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024
(Limited Text - Ministerial Extracts only)
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The Minister for Crime, Policing and Fire (Chris Philp)
I beg to move,
That the Committee has considered the draft West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024.
As always, it is a huge pleasure to serve under your august and benign chairmanship, Sir Graham—I trust it will be benign, although perhaps I should not speak too soon. The draft order was laid before the House on 7 February. If approved, it will transfer the police and crime commissioner functions from the current west midlands PCC to the Mayor of the West Midlands. That would happen following the next mayoral election in the west midlands, which is scheduled for Thursday 2 May 2024, and maintain direct democratic accountability for policing and crime in the west midlands.
Grahame Morris (Easington) (Lab)
On a point of order, Sir Graham. Could you give the Committee your guidance on the validity and timing of this measure? My understanding is that the west midlands police and crime commissioner has applied for a judicial review, which will not be determined until 7 March. Is it therefore appropriate that we consider this matter in advance of that judicial review?
The Chair
I cannot comment from the Chair on the judicial review but, as far as I am concerned, it is entirely in order for the Government to bring this matter before the House and the Committee.
Chris Philp
Thank you, Sir Graham. The incumbent PCC for the west midlands will continue to exercise his functions until his elected term of office ends, serving his term of office in full. The Mayor, from the point of taking office on 7 May, following the mayoral election, will act as the single, directly elected individual responsible for holding the chief constable and the police force to account, and will be directly accountable to the people of the west midlands.
The Mayor of the West Midlands will be responsible for holding the chief constable to account in the way a PCC ordinarily would. Their functions will include issuing a police and crime plan; setting the police budget, including the PCC council tax precept requirements; appointing and, if necessary, suspending or dismissing the chief constable; addressing complaints about policing services; providing and commissioning services for victims and vulnerable people; and working in partnership across the whole system, just as a number of Mayors of combined authorities do, including the Mayor of Greater Manchester, which you will be very familiar with, Sir Graham.
Valerie Vaz (Walsall South) (Lab)
Thank you, Sir Graham, for allowing a Member of Parliament from the west midlands to speak. Further to the point of order made by my hon. Friend the Member for Easington, could I ask the Minister what legal advice has been taken on whether the Government are acting ultra vires, if the court decides that the consultation process the Government have belatedly undertaken has not been followed correctly?
Chris Philp
The question of ultra vires relates to whether the Government have a statutory power to act in a particular situation. The Government quite clearly do have a statutory power to act by bringing forward this order. The judicial review concerns the nature of the consultation, which is a separate question. I can tell the right hon. Lady that the Government believe that the consultation was properly conducted, and we will vigorously and robustly defend the judicial review.
Valerie Vaz
The issue of whether the Government are acting lawfully is a very serious one. My question was whether the Government had taken legal advice on that point, given that judicial review proceedings are pending and the court will hear the whole case on 7 March. The Minister talks about consultation, but could he say whether the people of the west midlands actually wanted this process and what the results of the consultation were?
Chris Philp
I have already answered the right hon. Lady’s first question: the Government are very clear that there is a lawful basis on which to bring forward this order in statute. We will also robustly—and, I trust, successfully—defend the judicial review relating to the consultation, which is a separate question. On the outcome of the consultation, about 7,000 replies were received, which is of course a tiny fraction of the population of the west midlands. The responses were fairly evenly split: I think it was 50% against, 46% in favour and 4% undecided, so it was pretty even. However, as the right hon. Lady will know from her long experience in the House, the Government will take the consultation responses into account when they make their decisions. This is not a vote or a referendum, and it is not that the largest number of responses wins; the quality of the responses and the arguments advanced in them will be carefully considered before the Government—in this case, the Home Secretary—take their carefully considered decision.
Shaun Bailey (West Bromwich West) (Con)
On the quality of the responses, the Minister will know, as I do as a west midlands MP, that one quite concerning thing was the number of copy-and-paste responses that seem to have come out of the consultation—as if someone was trying to tee it one way. Will my right hon. Friend reiterate the point he made about the quality of the responses to the consultation and ensuring that they are dealt with in an accurate way?
Chris Philp
Yes, absolutely. We take into account the quality and weight of the arguments, rather than just the number. A number of copy-and-paste responses appear to have been organised, and that is something we were aware of in considering the responses.
Michael Fabricant (Lichfield) (Con)
On that point, will my right hon. Friend give way?
Valerie Vaz
On a point of order, Sir Graham. I understand that the hon. Member for Lichfield has a connection to the Mayor, and I wish that he could state what that is. Should he or should he not be taking part in the proceedings?
Michael Fabricant
On the number of cut-and-paste responses, it might be helpful to point out that, of the responses from the few people who actually took part in the consultation, over 900 were duplicates, and all of them said they did not want Andy Street. It was interesting that there seemed to be an assumption—I cannot think why—that Andy Street would be the Mayor after the election.
Chris Philp
Indeed. The copy-and-paste responses were on the negative side. Of course, if one discounted those, the balance of replies would have been different, wouldn’t it? It is important to stress that we do not know who the Mayor will be after the election. The election will take place, and the people of the west midlands will decide who will be the Mayor, exercising mayoral functions and, if the order is successful, PCC functions as well.
That is important, because the West Midlands police force is one of only a small handful of police forces across England and Wales in so-called special measures—it is called “formally engage”, but in substance it is special measures. I would also add that West Midlands police force is, I think, the second worst-performing police force in the country when it comes to detecting and clearing up crime. It strikes me that there is a great opportunity to improve the performance of West Midlands police force under new management, whoever the Mayor may be following the election on 2 May.
Let me make some more progress.
Valerie Vaz
Will the Minister give way on the consultation, because it is important?
Valerie Vaz
The Minister really is, but this is important, and it is our job to question him—I thought that was what we were here for. The consultation took place over Christmas. Those are never good consultations, because people have other things to do. The Minister says there were just 7,000 responses, but I think that is quite a lot. Could he clarify what he means by “cut and paste”? If the question is, “Do you want this to happen?”, the answer is going to be only either yes or no. By “cut and paste” does he mean just a yes or a no? Lastly, there was a referendum on this very proposition in 2021 and the people of the west midlands decided against it.
Michael Fabricant
I understand that the last time the consultation was done, they were strongly supportive of the Mayor. They thought it was a waste of money, actually.
Michael Fabricant
No, I am intervening. The right hon. Lady keeps intervening, so I am sure she is not saying that I should not intervene, with the Minister’s permission. Am I not correct that, in fact, people were overwhelmingly supportive? Labour Mayor Sadiq Khan, Labour Mayor Andy Burnham and Labour Mayor Tracy Brabin all have control over the police, too. It saves money. It is not meant to be a job-creation scheme.
Chris Philp
My hon. Friend is quite right. Let me turn to some of those questions. The consultation period ran from 20 December to 31 January. It will not escape eagle-eyed Committee members that that encompasses the entire month of January, which by no stretch of the imagination can be described as “over Christmas”.
The right hon. Member for Walsall South referred to a referendum. I do not know if she was referring, perhaps, to the previous police and crime commissioner election—
Chris Philp
I am glad that the right hon. Lady, from a sedentary position, has clarified that. So when she referred to a referendum in her intervention a moment or two ago, she was in fact referring to the previous police and crime commissioner election. That was, of course, appointing an individual to the position of police and crime commissioner. He may have had a number of things in his manifesto, but I do not think we can in any way construe that as a referendum. There was certainly no question on the ballot paper about transferring, or not transferring, PCC powers. I do not think describing a PCC election as a referendum on this matter is an accurate representation of what occurred.
Let me return to the substance of the issue. Part 1 of the Government’s review of the role of PCCs cemented the Government’s view that bringing public safety functions together under the leadership of a combined authority Mayor has the potential to offer wider levers and a more joined-up approach to preventing crime. Our levelling-up White Paper reinforced that.
My hon. Friend the Member for Lichfield pointed to a number of other large cities around the country where police and crime commissioner functions are already exercised by the Mayor—with varying degrees of competence, I would add—and there are good reasons for that. There are efficiencies. The Mayor tends to be a higher-profile figure than the police and crime commissioner. The Mayor can exercise systems-wide leadership over a variety of things that are relevant to fighting crime. Typically, they can offer more effective leadership than a PCC can in the urban area concerned. I am an MP in London. While Sadiq Khan does not do a very good job as Mayor of London in general, he does have a wide range of powers, and the position has the potential to provide wider leadership on issues of crime and public safety than someone acting as a police and crime commissioner alone. We believe that that applies here as much as it does in those other cities.
Chris Philp
I will. Perhaps the hon. Member is going to suggest that we transfer the PCC powers exercised by the Mayor of Greater Manchester and the Mayor of London back to a PCC. Perhaps that is what he thinks.
Grahame Morris
I am grateful to the Minister for giving way, but I will think of my own questions, if that is okay. I would like to ask about consistency. He is making quite a robust argument about efficiency and lack of duplication. Was it not the Conservatives who introduced police and crime commissioners in the first place? Why is it that in my part of the country there is no attempt to consolidate the elected Mayors and the police and crime commissioners? They are quite separate positions, and I am not aware of any move locally or by the Government to merge them.
Chris Philp
Yes, the Government did introduce police and crime commissioners in about 2014, I think, to replace the previous police authorities, and we have introduced a number of directly elected Mayors as well. However, over time, we have consistently tried, where possible, to merge those directly elected functions, and the fact that a directly elected Mayor of Greater Manchester exercises police and crime commissioner powers is an example of that. In this cycle, we are about to have a directly elected executive Mayor of York and North Yorkshire, who will exercise police and crime commissioner powers as well, and we have the Mayor of London doing that too. There is a very clear direction of policy travel to have a directly elected Mayor also exercise PCC powers. I do not hear a single Member in this House suggesting we take the PCC powers off the Mayor of London and have a PCC for London. I do not hear a single Member saying we should take the PCC powers off Andy Burnham in Greater Manchester and have a separate PCC in Greater Manchester—quite the reverse. The direction of travel is the same: to try to consolidate these powers into a single elected individual.
Indeed, we are doing that beyond Mayors. Where we can and where the geography allows, we are trying to merge police and crime commissioner powers with the old fire authorities. To give the hon. Gentleman a recent example, when there was a change to the arrangements in Cumbria County Council, which was previously the fire and rescue authority, we took the opportunity to transfer the fire and rescue authority powers to the police and crime commissioner of Cumbria to make that individual the police, fire and crime commissioner. We have done that in other areas as well, including in Essex, Staffordshire, Northamptonshire and North Yorkshire—so the directly elected Mayor will be the combined authority Mayor and the police and crime commissioner and will also exercise fire authority powers.
The Committee and anyone looking at these proceedings, potentially including the court in a few days’ time, will see that a clear and consistent policy approach is being taken across the whole of England and Wales in consolidating these powers in directly elected Mayors and, analogously, if that is a word, in police, fire and crime commissioners. That is extremely consistent, and I trust that all Members will see that and support it.
In conclusion, although I may of course reply to any points that are raised, the Government are of the very clear, considered view, as part of a long-standing direction of travel—I have mentioned all the other examples—that the exercise of PCC functions by the Mayor of the West Midlands is a significant step forward towards realising our ambition for more combined authority Mayors to take on PCC functions. We think it is more organisationally and operationally efficient. We think it is better value for the taxpayer. We think the Mayor is a higher-profile public figure, whom the public can hold to account better than a PCC—they have a much higher profile. And we think the Mayor can provide much more effective cross-systems leadership on issues concerning police and crime, delivering better outcomes for the public in fighting crime.
The proposed arrangement is more efficient. The Mayor will have a higher public profile, be more readily held accountable and deliver better outcomes. That is why it is our policy not just in the west midlands but across the whole of England and Wales to pursue this approach. That is why I commend the order to the Committee.
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Sir Graham. I start by confirming that we do not intend to divide the Committee on this statutory instrument, but that is because we agree with the principle and not the way the Government in which have carried out the process, and I will go into some detail on that. Today’s debate has not covered the Government in glory, and there remain some significant questions for them to answer.
The Minister was very robust in his response, but I do not think that that energy was particularly matched with substance when he was answering Members’ questions, and he might reflect on that when he responds, because there are legitimate concerns. I have been to many of these Committees, and perhaps those on the Home Office Front Bench are a bit more energetic than those on the Department for Levelling Up, Housing and Communities Front Bench, but this has been one of the most engaged Committees I have been to, because of the process and the way it has been handled, and I will go into some details on that.
Labour is consistent in its support for directly elected Mayors for our combined authorities, and it has long supported aligning the powers where they are coterminous with those of the police and crime commissioner. We supported it for the Mayors of Greater Manchester and West Yorkshire, and although the model is different in London, we see similar powers there. We have supported the same for York and North Yorkshire, and we supported the proposal for South Yorkshire too. So there has been consistent support for bringing those powers together over a number of SIs.
Chris Philp
I am glad that the hon. Gentleman has found the debate energising and engaging—we aim to keep him entertained. He mentioned South Yorkshire, and I should have said that it is the Government’s intention to bring forward a statutory instrument rather like this one in the very near future to do the same for South Yorkshire as we are doing for the west midlands. It is only right to put that on the record, because we are taking a consistent approach.
Jim McMahon
On the basis of today’s exchanges, I hope that lessons are learned from the consultation and public engagement in the west midlands and that those are applied to the South Yorkshire consultation before that SI comes forward. It is important that we bring the public with us. Let us not fool ourselves: not every member of the public talks about these issues over their cornflakes, but those who are interested will want to know that, where they have expressed concerns, those have been taken on board. I heard the exchange earlier about “copy-and-paste responses”. We should not discount those. If people have taken the time to submit a view, it cannot be discounted. I heard the Minister—perhaps I misheard him—saying, “Well, if you discount all the negative views, what was left was quite positive.” Well, of course, that would be the case in every consultation, but I am not sure that it is quite in the spirit of—
Chris Philp
For the record, I did not quite say that. I did not talk about disregarding all the negative responses; I referred specifically to the copy-and-paste ones. However, I would like to make it clear for the record—
Chris Philp
There were more negative responses than just the copy-and-paste ones. I would like to make it clear for the record that the Government carefully considered all the responses, regardless of whether they were copy-and-paste ones or not. It is very important that anyone reading the report of our proceedings understands that.
Chris Philp
Sir Graham, I will of course follow your advice, or perhaps your instruction, and reply to that another time. We have had a wide-ranging debate, and I thank the shadow Minister, the hon. Member for Oldham West and Royton, for the considered manner in which he made his remarks and for his commitment not to divide the Committee.
There was just one question I wanted to answer, which related to whether there is to be further consultation. There are no plans to consult any further. We have conducted the public consultation. The Government’s position on this question was categorically not predetermined. The Government did not have a fixed view of the matter during the consultation and took their decision quickly but only after carefully considering all the consultation responses.
Chris Philp
We have discussed it extensively already.
We very carefully considered all the responses, and only after considering them very carefully was a decision reached. In terms of local democratic consent, this transfer was possible only following a request by the Mayor of the West Midlands, who has by far the largest democratic mandate of any politician in the west midlands. On that basis, Sir Graham, I commend this order to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft West Midlands Combined Authority (Transfer of Police and Crime Commissioner Functions) Order 2024.