Police Reform and Social Responsibility Bill

Debate between Lord Stevens of Kirkwhelpington and Lord Howard of Lympne

Wednesday 29th June 2011 Lords Chamber

[Lord Howard of Lympne]

There were many other much longer meetings. The noble Lord talked about the characteristics of Roman emperors. When I faced him across the negotiating table, it always seemed to me that he took upon himself many of the attributes of Roman emperors—he still perhaps to some extent does so today—and therefore greatly adorns the contributions which he makes to your Lordships’ House. I am even more reluctant to oppose the amendment because it is also supported by the noble Lord, Lord Stevens of Kirkwhelpington. I did not sit across the table from the noble Lord and negotiate with him. I had the great pleasure of working very closely with him when I had the privilege of holding the office of Home Secretary. I have enormous respect for his views and it is therefore with particular diffidence that I oppose this amendment.

My question is: what would the board of non-executives do which the panel would not do? The police and crime panel is particularly established by the provisions of this Bill to scrutinise and advise the police and crime commissioner. I repeat that it is established to advise the police and crime commissioner. What is the function of non-executives but to advise the police and crime commissioner? Do we really want to provide by statute a cumbersome bureaucratic panoply of organisations to perform the functions set out in the Bill?

We are proposing to have the police and crime commissioner, which I fully support, and the police and crime panel, precisely to provide the strong and robust governance arrangements which the noble Lord, Lord Harris, is so keen to see introduced. I share his view that it is important to have good and strong governance arrangements but that is what the police and crime panel would provide. To have this non-executive board in addition would at best be duplication of functions and, at worst, confusion and a proliferation of bureaucracy, which I suggest is the last thing that your Lordships should be seeking to foist upon the new arrangements provided by the Bill.

Therefore, despite my long and happy memories of my negotiations with the noble Lord, Lord Harris, and my enormous respect for the noble Lord, Lord Stevens of Kirkwhelpington, I would respectfully advise your Lordships to reject this amendment.

[Lord Stevens of Kirkwhelpington]

My Lords, I support the amendment. Far be it from me to disagree with the noble Lord, Lord Howard of Lympne, who I have said publicly I believe to have been one of the most successful Home Secretaries during my time in policing and beyond, but on this occasion I have to disagree with him. Perhaps I may take noble Lords back to the setting up of the Metropolitan Police Authority, along with the London Assembly and the new appointment of the Mayor of London. A year before that, with the agreement of Paul Condon, the commissioner when I was the deputy commissioner, we set up a committee. It consisted of various people from the Home Office, and indeed the noble Lord, Lord Harris of Haringey, was a member. We thrashed through and gradually teased out a new structure for London. It was going to be extremely complicated and difficult to bring in. It had a conflict of interest that involved the national responsibilities of the Metropolitan Police, and specifically the commissioner, and it had to take account of the new London Assembly, the Mayor of London, Ken Livingstone, and not least the police authority itself, before which the commissioner would appear on a regular basis—at least once a month.

Part of the discussions related to that was the independent elements necessary to ensure proper governance, independence and expert advice. Going back to some of the excellent things introduced by the noble Lord, Lord Howard of Lympne, as Home Secretary, one of those was the independence of the police authority and a widening of its knowledge, expertise, delivery and holding the chief constable to account. I believe it is necessary to have in place a process that can be dealt with by a non-executive director in relation to the new set-up with police commissioners and their panels. Perhaps I may take noble Lords through the three reasons for that process.

Financial decision-making and the creation of a corporation sole will be responsible for major decisions such as the placement of contracts, financial allocation and a number of other serious financial matters, including audit. It is imperative that within the police panel and outside of the official responsibilities of the Chief Constable and Commissioner of the Metropolitan Police, there is expert independence in terms of advice and good governance. The second reason is staffing. Again, it is important that the approach taken is that of best practice. Many noble Lords are involved in private business and they know that non-executive directorships constitute best practice in terms of good governance, independent advice, and ensuring that the vision of the company they are involved with is taken forward. If we are going down the line of corporation sole in relation to police commissioners and their panels, surely it is good governance, common sense and best practice to ensure that there is an element of non-executive directorship on the panel.

The third but by no means the least reason is that of equality of opportunity and diversity. The contribution made by a collective as opposed to an individual should always be noted in relation to what is on occasion an extremely difficult matter. The noble Lord, Lord Harris of Haringey, will know, as others on the Metropolitan Police Authority and the police assembly of the time will know, that on a number of occasions during the implementation of the Lawrence report—my deputy commissioner, the noble Lord, Lord Blair, was part of this—the implications of driving forward and turning the recommendations into action needed individual expertise from independent members of the Metropolitan Police Authority, members of which would on occasion come to see me or the noble Lord, Lord Blair, individually. To throw away that is to throw away extraordinary expertise which is necessary in the world in which we now live.