Police Reform and Social Responsibility Bill Debate

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Department: Ministry of Justice

Police Reform and Social Responsibility Bill

Graham Stringer Excerpts
Monday 12th September 2011

(12 years, 8 months ago)

Commons Chamber
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David Ruffley Portrait Mr Ruffley
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There is a difference here, because we are not talking about having police officers—actual law enforcement officers—being party political, and neither is the hon. Gentleman. The commissioner will represent a mode of accountability—on behalf of the public, who will have voted for him or her, and will be able to hold the chief constable to account in a more focused and single-minded way. They will do the job that the police authority attempts to do at the moment. We believe that it can be done better by one individual.

I wish to deal with the issue of politicisation and the democratic mandate. In the last Parliament, the Labour party and my party came to pretty similar conclusions about the accountability arrangements—the answerability arrangements—that currently pertain, as did our colleagues on the Liberal Democrat Benches; we came to the conclusion that those arrangements were not adequate and that there was a democratic deficit. We know that because of what was said by the hon. Member for Gedling, and although that has already been cited by my hon. Friend the Member for Cannock Chase (Mr Burley), I wish to reinforce the point. In 2008, the then Labour Government’s draft legislative programme announced that there would be a Bill including proposals to provide

“a clear and powerful public voice in decision making through directly elected representatives”.

I understand that in the Committee stages of this Bill there were mild flirtations by Labour Members with various forms of direct election, and I think it is entirely proper for the Labour party to change its mind. I understand that the shadow Home Secretary now wants to ditch the whole idea of elections. However, let us just be non-partisan for a moment and accept that in the previous Parliament all three major political parties concluded that there was an argument for having a sharper, keener focus of responsibility. That involves letting the people or person holding the chief constable to account have a mandate from the public, arising from a direct election, on the basis of one person, one vote, in the police authority area over which a police and crime commissioner would preside. There is something incredibly important about a mandate being secured in that way, as both Labour and the Liberal Democrats were conceding in their policy pronouncements as recently as the end of the previous Parliament. So let us not kid ourselves that the end of the world is nigh as a result of this proposal for police and crime commissioners.

Graham Stringer Portrait Graham Stringer (Blackley and Broughton) (Lab)
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I accept the hon. Gentleman’s argument that there is a democratic deficit and that that needs to be addressed. I even accept his argument that the people making the decisions at the moment are not visible. But does he not recognise that there is another problem with electing someone who has responsibility for just one service: it excludes them from the normal political decision making that has to be undertaken by anyone elected to government or local government? Normal decision making would mean that the person involved would have to measure priorities for policing against those for social services, education or recreation. We are really going only half way if we elect only a police commissioner who does not have the rest of the local public services to deal with.

David Ruffley Portrait Mr Ruffley
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The hon. Gentleman makes a good point. He has huge experience from being leader of one of the great cities of this country, he knows what he is talking about and he spoke eloquently in August about how the riots affected Manchester. His is a genuine point that is not easily resolvable. The idea is that a directly elected police commissioner will be able to set the precept, and one of the strengths of a police authority—probably the only strength I can think of—is the fact that a proportion of the members of that police authority also sit on the precept-raising authority with their councillor’s hat on. That means there is a connection between the council raising the precept and individual members of that council, wearing a different hat, sitting indirectly on the police authority. That was a useful nexus and it will not necessarily be the case here.

In practice, I would expect any police and crime commissioner worth his or her salt to listen carefully to the priorities of, and arguments put by, the leading group on the relevant precept-raising authority. I do not pretend that this proposal is perfect in that regard. There will be quite a big disconnect between the person wishing to set a police precept and the authority that has to go out and raise it, but that might be the rough edge of an otherwise quite unremarkable proposal. That returns me to my theme and my next point.

This is not a radical revolution that will throw all the police cards up in the air and it is not a case of letting the chips fall where they may. I do not believe that that is a sensible way to make public policy nor do I think it is a sensible way of running the police service. I think we are in agreement on that point. However, many of the powers and duties of the new police and crime commissioner will be virtually identical to those of police authorities at the moment.

At the end of the last Parliament, I was rather a sad individual and I counted the number of duties and powers that police authorities had under a wide range of legislation from the Local Government Act 1999, under which they had value-for-money audit responsibilities, to the police Acts and so on. There were about 120 to 130 such duties and responsibilities and it seemed to me that those authorities exercised quite a lot of power over the police, such as the power to call police officers to account. I struggle to see how the panoply of powers possessed by the average police authority is very different from the powers, duties and responsibilities that a police and crime commissioner will have. We know that the setting of a precept is an identical power and we also know that police authorities, in conjunction with a chief constable, set police priorities and objectives for the year. Police authorities have strong views on the strategic objectives for a local police area and it seems to me that the police and crime commissioner will have similar strongly held views but will have the advantage, at least, of a public mandate through the ballot box when he or she sits down with the chief constable and they set out their plan to run the force in any given police area. Equally, police authorities can appoint and, in certain circumstances, dismiss chief constables. That is a power that police and crime commissioners will have, too. For me, those are the big ticket items.

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Graham Stringer Portrait Graham Stringer
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Councillor Murphy.

Aidan Burley Portrait Mr Burley
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Only two Members of the House could intervene and tell me who chairs their police authority, which tells us everything we need to know about their visibility. That is from MPs, not the public—we are supposed to know.

These invisible police authorities are supposed to serve the public. That is the same public who have no idea who they are, no idea what they do, no idea how to contact them, and certainly no idea that they cost them £50 million a year.

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Aidan Burley Portrait Mr Burley
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I thank you for your direction, Mr Deputy Speaker. I shall focus my remarks. In April 2002, the National Audit Office showed that £28.4 million was spent on the dome’s maintenance in the year after it was closed. For just one year of maintaining the dome, we could elect someone who represents our views; for one year of maintaining the dome, we could let local people have a say over how their area is policed; and for one year of the dome, we could replace bureaucratic accountability to Whitehall with local accountability to the people. We will therefore take no lectures from Labour on how to spend £28 million. It is far better to spend it on reconnecting the public to the police than on Tony Blair’s Teflon-coated, flattened mushroom.

The Opposition object to delaying the election to November 2012. I am glad that it has been delayed to 15 November, not 5 November. Having a one-off election at the beginning of the cycle of elections for PCCs is a good idea because it will remove the charge of making them political. There will be no other elections on that day, so the first time that the PCCs are elected, no one will be able to claim that they were motivated to vote in a council vote or in a party political way. I support the delay on the grounds that it will make the first elections of these important PCCs non-political in the public’s eyes. Afterwards, they will revert to the same date as the council elections, thereby saving £50 million over four years.

In conclusion, policing is a monopoly service. The people cannot choose their force. This public service has to answer to someone, and we think that local people should have the power to do something about the problems that blight their towns and city centres. We are determined to rebuild the link between the people and the police forces that serve them, which is why these reforms are right for the people, right for the police and right for the times.

Graham Stringer Portrait Graham Stringer
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I was not going to speak in this debate, but so many interesting points have been made that I decided I would. The most interesting and perverse point was made by the hon. Member for Cannock Chase (Mr Burley) when he reached his conclusion. He said—I do not have the exact quotation; I am sure that it will be in Hansard—that he envisaged non-political elections taking place. I think that all elections—certainly all those to major positions representing millions of people, as they would in the case of the west midlands, Greater Manchester and our other great urban conurbations—are necessarily bound to be political. I would therefore suggest that he think through a little more what he is saying and doing, because what he described is completely impossible.

I am going to vote with my party against the Government on these Lords amendments for two reasons, even though Government Members have made significant arguments that I support. The first reason is that having elections in November is difficult to say the least. Some older Members of this House may remember that local government elections used to be held in the autumn. They were moved from the autumn because turnout was low, and also because they were a long way from the rate-setting process—it was thought that the finances and the elections should be put together so that the electorate could have a direct impact. They are solid arguments: it would be a mistake to have low-turnout elections in November.

However, that is not the most significant reason why I will not vote with the Government. The second reason is that there is clearly a democratic deficit with the police. There are many good councillors on police authorities in the metropolitan authorities, but they are not directly elected to that position, which means that it is more difficult for elected politicians to have real political accountability to the electorate. However well the chair of the police authority in Greater Manchester does—and Councillor Paul Murphy does an extremely good job in that position—he is not directly elected to that position. However, although I recognise that democratic deficit—I believe in direct elections for local politicians to control the police—it is not just the relationship with the electorate that is deficient; it is the relationship with other local public services.

It is good for the police to have to argue for their budget against other services. It is good for police forces to have to sit down with people whose jobs are about child protection, care of the elderly, transport and so on and argue for their priorities, so that they can understand more what is going on. Unfortunately, we are 30-or-so years into a series of ad hoc changes to local democracy—many have been made for good reasons; some have been made for poor reasons—which have left us in a mess. We need to take a more fundamental look at what is going on in local democracy than just saying, “We’ve got a problem with policing; we can make it more effective by introducing democracy.”

Those are the reasons why I will not be supporting the Government. On the other hand, I should like to remind some of my hon. Friends that democracy is expensive. If we asked most members of the public whether they would prefer money to be spent on two nurses or one Member of Parliament, virtually all of them would say that they wanted two nurses. However, if we asked them, “Do you want to be denied the right to determine locally who provides services?”—whether it be transport, policing or whatever—they will say that they want that right, and that right comes with a cost. Therefore, when people on this side of the Chamber say that now is not the time to spend money on improving and increasing democracy, I do not agree with them. Democracy is important and we have a deficiency; it is just that the Government’s proposals are not good enough at the moment.

The second thing that has been said is that rascals or the wrong people might be elected. Unfortunately, the electorate sometimes get it wrong—some people in the Chamber will know and respect that fact—but that is the nature of democracy, and hopefully they will put it right next time. However important policing is, it is not right to say that we can have a bureaucrat, however high up they might be in the police service, telling elected police commissioners or polices, authorities that they have got it wrong. The people who tell elected representatives that they have got it wrong are the electorate at the next election, not bureaucrats, and I do not think that we can have those decisions made failsafe.

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Guto Bebb Portrait Guto Bebb (Aberconwy) (Con)
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I commend the hon. Gentleman for making a thoughtful and measured speech, but surely his points are equivalent to those made by my constituents in north Wales. They feel the same support for the police, but they occasionally feel frustrated. However, because we have six local authorities in north Wales, they do not know who to approach to get their message to the local police force. The Government’s measure will allow them to identify an individual who they can go to and make their point, so that they can ask for change while supporting the police.

Graham Stringer Portrait Graham Stringer
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I do not disagree with that. The hon. Gentleman makes a clear and explicit point; the point that I was trying to make is that there should not be just one person, who has only one service to think about. That person should also have to engage with the rest of our public services.

Greater Manchester has had an interesting history with its last four chief constables. They have been very different people. James Anderton ran a prejudiced police force. He was openly prejudiced against gay people, while the force that he ran was secretly—although most people knew—prejudiced in a racist kind of way. David Wilmot, who followed, was a very different chief constable who tried to improve relationships with the country. Mike Todd, who followed him, was a different kind of chief constable altogether, and now we have the current one. The interesting point is that the electorate of Greater Manchester have been left out of any of the debates about who their chief constable should be—from the bigot to the effective police officer to the peacemaker—and I do not think that that is a proper process for one of the most important services that is provided locally.

I am sorry, in a way, that I cannot vote with the Government, because there is a powerful argument for improving the accountability of police commissioners and the police service, and I hope that some of the people who have spoken on my side of the House will think a bit harder about some of those democratic arguments. Unfortunately, however, the Bill is seriously flawed, and I wish that the Government would go back and think again.

Lord Herbert of South Downs Portrait Nick Herbert
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In the few minutes remaining, I want to pick up on a few of the points that have been made. First, however, I should like to add my own congratulations to Bernard Hogan-Howe on his appointment as Commissioner of the Metropolitan Police. He had a fine record of fighting crime when he was with Merseyside police and, since then, as one of the inspectors of constabulary. He has a challenging task ahead of him, and I am sure that the whole House will wish to congratulate him on his appointment.