Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B and D) Order 2011

Debate between Lord Bradshaw and Baroness Neville-Jones

Tuesday 25th January 2011 Grand Committee

[Lord Bradshaw]

I am not going to speak for very long; I merely want to ask one question about local accountability. Does local accountability refer to the whole of a police force or does it mean that different things can happen in different places? For example, if the police superintendent in Slough decides that he needs to record things because there is a large—not just ethnic—population from other countries, and the police superintendent in Whitney, which is a long way away but still in the same police area, decides that there is no need to record them, does “local” mean that discretion goes down that far? If not, how far within a police force does it go?

As someone who was involved in one of the many attempts to reduce police bureaucracy, I have spent time speaking to an assistant chief constable about stop and search, and was quite horrified by what has to happen when someone is approached under stop and search or stop and account. There is a constant complaint about police bureaucracy. It actually happens and it eats up a huge amount of resources. I should like to see those resources expended on real police work rather than bureaucracy.

I read the report of the Stephen Lawrence inquiry very carefully, and it exposed irresponsible and very badly organised policing. I do not believe that it showed that stop and search or stop and account needed to be recorded in every case as thoroughly as it is now. Generally speaking, I support these changes, but I would like to know that discretion really is going to move down to the meaningful local level.

[Baroness Neville-Jones]

My Lords, I thank both noble Lords for their helpful and thoughtful contributions. I am grateful to the noble Lord opposite for expressing the willingness of the Opposition to support these orders. Let me take the points that have been made and allay any anxieties that there may be.

The point made by the noble Lord, Lord Rosser, at the end of his speech about the need to ensure that there is no unnecessary bureaucracy but that valuable information is not lost is extremely pertinent and quite right. What we are trying to do in modifying—it is no more than that—some practices is to try to strike that balance. I shall spend a little more time on stop and account than on stop and search, but I should say on the latter that everyone agrees that stop and search is a much more intrusive activity on the part of the police, so it is really important that, when it takes place, it is fully and properly recorded. For that reason, we have no intention of changing practice on stop and search.

On stop and account, it is certainly the case that not all those who were consulted were as convinced as the Government are that change would be desirable. However, let me say straightaway that, if it is demonstrated that the changes are not helpful, it will be right and proper to think again, and consultation is still going on. One effect of instituting more local obligations on the part of the police will be to ensure that questions will be raised about whether such measures are accepted—which seems to me to be the criterion that we should look at—and whether they give the local population confidence that their security is being protected and that justice is being served. With the police and crime commissioners that we will have in due course, the vehicle for both the obligation and the means for local accountability will be much more clearly stated.

On the question whether discretion will extend to the local level, it is in the logic of giving the obligation to local police forces—in the first instance, to the police and crime commissioner working with the chief constable—to decide exactly how, given local circumstances and the distribution of the local population, recording should take place. The whole point of our proposal is that recording need not be uniform to be helpful in serving the interests of protecting the public and of justice and in gaining the confidence of the local population. That is why we take the view that uniformity and efficiency are not necessarily quite the same thing, given the need to ensure that the systems are not only efficient but acceptable and just.

I should also say that stop and account, unlike stop and search, should be a brief matter in which the policeman simply says, “Why are you here?”. It should not develop into an encounter that is remembered on both sides. That is partly why we think that stop and account should be restored to the normal relationship between an individual and a policeman. If, say, a crowd is building up, the policemen present will want to retain the confidence of the people on the ground. Reducing the bureaucracy associated with stop and account is justified both by the nature of the encounter and because it will help such encounters to be seen as less intrusive for individuals than they might otherwise be. As I said, if it is demonstrated that these changes are not helpful, I have absolutely no doubt that that will be thrown up in the consultation process and that it will be right to respond. Clearly, codes of practice are never the last word.

The arrangements with communities will deliver the necessary monitoring. I was asked whether we would do anything as regards the NPIA-run stop-and-search panel, which has been abolished because it was not inciting any great engagement—community members were not turning up and it did not seem to be very useful. The NPIA is looking at whether a replacement should be instituted. Perhaps noble Lords will not be surprised to hear that we regard the local consultation as an important part of what would replace something that was run by the NPIA and certainly would contribute to it. That issue is still being looked at.

I hope that I have already explained that our approach to consistency is that it should relate to local conditions and not to numerical equivalents at a national level. Having said that, we take seriously the need to ensure that the outcome serves the public interest.

I am wondering whether I was asked about any points that I have not covered.