Police and Justice Bill

moved Amendment No. 39:"Page 77, line 21, leave out paragraphs 9 and 10." The noble Baroness said: Amendment No. 39 probes further another aspect of the extension of the Secretary of State’s power to supervise police authorities. As with the previous group of amendments, we have grouped with our amendment a series of amendments from the noble Baroness, Lady Henig, and the noble Lord, Lord Harris of Haringey, which are very useful in teasing out the detail of the principles to which I hope to refer. As I mentioned a moment ago, I remain extremely concerned about the extent to which the Secretary of State is moving into secondary legislation matters that were previously—and I think properly—governed by statute. Amendment No. 39 would remove paragraphs 9 and 10 from the schedule. Paragraph 9 adds to the general functions of a police authority that are set out in Section 6 of the Police Act 1996. The primary duty under existing legislation is to secure an efficient and effective police force for the police authority’s area. The change introduced in paragraph 9 makes it clear that it is the job of police authorities to hold the chief officer of police to account in the exercise of his functions and those of persons under his control and direction. This change has been welcomed by the Association of Police Authorities but ACPO is concerned about it. What is the Minister’s response to the view expressed by ACPO that this new provision, when taken together with other changes that are currently taking place to the way in which the personal performance of the chief officer is assessed, will create a linear relationship between police authorities and chief officers? The Association of Police Authorities, of course, believes that this change could improve local accountability. What arguments have the Government put forward to ACPO to demonstrate that it should bring greater local accountability without harming the chief officer’s line of control over his or her force? How can they guarantee that there will be no politicisation of policing functions if this schedule goes through unamended and the membership loses magistrates and, of course, becomes dominated by councillors? The Minister has just said that magistrates will not be there as of right. The remainder of paragraphs 9 and 10 broadly states that the Secretary of State shall determine the other police authority functions by secondary legislation. We question why these functions should be set out in secondary legislation rather than in primary legislation. If the matters in paragraph 9 were in primary legislation, the role of police authorities in representing the interests of local communities would be firmly established on the face of the legislation, thus guaranteeing that the constitutional balance between local and central interests is maintained. Does the Minister agree with the Association of Police Authorities in its briefing that the general list of functions should run as follows: a duty to ensure that communities are consulted in setting policing priorities; powers to set the strategic direction and objectives of the force within a national framework; a duty to promote diversity and good community relations; a duty on chief officers to provide information to police authorities and a power for police authorities to require chief officers to appear before the police authority; a duty to monitor the performance of the force for its area; and a duty to ensure that the force for the area should co-operate with other forces and other partners where appropriate? That is the list that the Association of Police Authorities briefed us would be appropriate. Should any of the matters on that list be excluded? Should any other matters be added? If there is no change, why not simply put that list into primary legislation? I beg to move.