Employment Rights Bill

Lord Hogan-Howe Excerpts

Report stage
Monday 14th July 2025 Lords Chamber

Moved by

[Lord Hogan-Howe (CB)]

42: After Clause 18, insert the following new Clause—
“Special constables: right to time off for public duties(1) The Employment Rights Act 1996 is amended is follows.(2) In section 50 (Right to time off for public duties), after subsection (1) insert—“(1A) An employer shall permit an employee who is a special constable, appointed in accordance with section 27 of the Police Act 1996, section 9 of the Police and Fire Reform (Scotland) Act 2012 or section 25 of the Railways and Transport Safety Act 2003, to take time off during the employee’s working hours for the purpose of performing their duties.(1B) In section (1A), “duties” means any activity under the direction of a chief officer of police.”.”Member’s explanatory statement
This new clause gives employees who are special constables the right to time off to carry out their police duties.

[Lord Hogan-Howe]

I thank noble Lords for the opportunity to speak to this amendment in my name and that of the noble Lord, Lord Evans of Rainow, whose support I appreciate. This amendment seeks to extend the group of people in the criminal justice system who have the right to time off to fulfil their duties as a special constable.

In 2018, Section 50 of the Employment Rights Act 1996 was amended to include lay observers in prisons, and immigration visiting committees for immigration centres and short-term holding facilities. This added to the right of magistrates and justices of the peace to take time off from their employment. Each of these volunteering groups is of course essential to the effective functioning of the criminal justice system, but so are the special constables who have existed since being created by the Special Constables Act 1831—although today’s version was created by the Police Act 1964.

In my view, special constables are special by name and special by nature. They are unpaid volunteers. They have all the powers of regular constables: to arrest, to search and many more things a constable has the power to do. They also take all the risks that their colleagues take, including being stabbed or assaulted and people abusing them. Basically, they put their lives on the line in the same way that people such as those in the RNLI do on our behalf too. They are not paid, except for expenses, but this of course covers their outgoings—they make no profit.

After being trained, they are usually expected to be on duty for at least four hours a month, but most do very much more than this. Some work every weekend and some during breaks in employment; at such times, they work almost full-time hours. They were designed to be a contingency for war, backfilling for the police officers who would be expected to join the Armed Forces. We might think that particularly apposite at the moment, given the situation in Ukraine and the general threat from Russia. Only last week, the Government published a resilience plan to prepare our emergency and civil defence response for a higher level of threat from the multiple risks that exist. Specials are part of that national contingency when we deploy our Armed Forces.

Special constables are a visible representation of community policing, giving of themselves without payment to stop crime and keep order. For me, they have always been a way to have the community in the police station, holding their regular colleagues to account and not captured by the prevalent police culture—almost a pre-body-worn video. The Government have a commitment to neighbourhood policing, with a promise to deliver 13,000 more neighbourhood officers in the next few years. This comprises regulars, community support officers and special constabulary. If they cannot recruit or retain “free” special constables, they will need larger funding for police officers and police community support officers.

Yet presently their numbers are dropping dramatically. In September 2023, there were 6,330 and, by September the following year, they had gone down to 5,818. But, 10 years ago, there were around 15,000, and in the Met at that time there were around 5,000. So there has been a very significant drop in their numbers.

As far as I can determine, no other police force in the world has this sort of arrangement. If you talk to Americans or New Zealanders, they think it is amazing that people will be police officers, taking all the risks, without being paid. So this is a remarkable thing that we have. They have achieved an awful lot as they have done all the things that we need them to do over the years. In this context, on the grounds of equity with the other volunteers in the criminal justice system, surely we need to enhance the volunteer offer to encourage the recruitment, retention and diversity of the people in the special constabulary.

--- Later in debate ---

I hope it reassures the noble Lord, Lord Hogan-Howe, that, should the review deem action necessary, the Government could take that action quickly through statutory instruments. Given the action that the Government have taken, given that we have listened to the noble Lords, Lord Hogan-Howe and Lord Paddick, and others who have made the case for special constables, and given the importance of taking a holistic approach to reviewing the list of public duties, I ask the noble Lord to withdraw Amendment 42 and hope he will do so.

[Lord Hogan-Howe (CB)]

My Lords, I thank all noble Lords who have spoken, particularly the Ministers, the noble Baroness, Lady Jones, and the noble Lord, Lord Katz, for all the time they have given us on this very long Bill with many amendments. I and others involved in this appreciate their time, as we know it is not straightforward.

The noble Lord, Lord Evans, mentioned the cape; I thought only I remembered that in this Chamber, but clearly not. More importantly, he made a good point about equivalence with the Armed Forces. Reservists are in a slightly different position, but it is one that we should be drawn back to as a matter of conscience as we consider this.

The noble Lord, Lord Harris, made a very good point about the strategic defence review. He accepted the principle in this case but wanted the role to be fleshed out. I agree, but that should not stop us making progress on this point. The noble Lord, Lord Paddick, drew attention to the fact that it is not just general patrol. Some become very specialist; we have traffic officers, public order specialists and some very good forensic accountants who do their job professionally every day and then come in at the weekend to help the police recover criminal assets—a great public service for which the police probably could not afford to pay.

The noble Lord, Lord Bailey, mentioned diversity and community. About one in four specialists in London is from a visible minority community, which is far better representation than the Met has. The Met is hidebound by the fact that two-thirds of the people it recruits are from outside London, so there is always the challenge of getting that representation, but specialists live and work in the community they serve. Frankly, when the police are not paying them, they cannot afford to travel to an adjacent county, so a specialist constabulary always better represents the community it serves.

The noble Lord, Lord Remnant, mentioned his father. I did not know that, but it was a good thing; I was grateful for that day off—and a few more. Many officers go through their careers with extended periods of working during large numbers of public protests, to the point where they cannot get their days off, so that would be very much appreciated.

The noble Lord, Lord Goddard, said one of the things I like best to hear, which is that this is blindingly obvious. Of course, I agree with that. I also appreciate that the noble Lord, Lord Sharpe, with his professional background, supported it, particularly today.

The Minister was kind enough to offer a review. All of us in this place know that reviews can be a bit vague and go on a while—I think this is the second one offered in the last hour. I have lost count in my short time in this place of the number of reviews of which someone has said, “Where did that get to? Has it been delivered? Has anything happened?” It is not a personal matter with the Minister, but I am not entirely convinced by reviews. I go back to the spirit of what the noble Lord, Lord Goddard, said. You can sometimes spend a thousand words trying to change something, or you can just do something. The “doing” here would be that the regulation could be changed and special constables could be brought into a group that already exists. For that reason, I would like to divide the House.