My Lords, I am grateful for my noble friend’s reply. I am not surprised by it; I expect a reply of that nature and quality on occasions such as this. It was thoughtful, detailed and thorough, looking into all the different issues that might arise. I am grateful for his analogy with the various functional bodies of the governance systems in London. When the Greater London Authority Act passed through this House and the other place, it was noted with considerable interest that every one of the functional bodies under the Mayor had a different governance structure. In four instances, the Mayor appointed the chair. In two of those instances, he also appointed the vice-chair. In one instance, the Mayor did not appoint the chair or the vice-chair and, in the fourth instance, did not appoint the vice-chair. The elected representatives of some functional bodies were expressly forbidden from holding office, and in others only London borough councillors were forbidden. There was no consistency between the functional bodies. If it is an aim of government policy to achieve that, no doubt there will be more signs of it in the forthcoming legislation on local government, although I am not aware that that is part of government policy.
This amendment was put forward to make sure that the Mayor, in making appointments of vice-chairs, listens and thinks about the consequences for the police authority and makes sure that the right balance is achieved in the way that it functions. I was careful in choosing the words, "““have regard to any representations””."
I am aware that that is fairly strong phraseology in legal terms. I used those terms because, while the Mayor might not be bound to accept the collective views of the police authority, I want any Mayor to give extremely clear and cogent reasons why he does not accept such representations. Perhaps there is better phraseology to achieve what I want, but it is very sad that we will not have the opportunity in this House to consider the matter. It was put forward for precisely that purpose and in the knowledge that it was a fairly strong statement.
The Minister was kind enough to say that members of the police authority would have the right to make representations and that any sensible Mayor would think about those, which is a statement of the obvious. No one was suggesting that members of the police authority should be forbidden from making representations or that the Mayor would not be allowed to look at them before making any appointment. If my noble friend is suggesting—as I am sure that he is—that in the regulations there will be an encouragement to members of the police authority to make representations to the Mayor and that there will be phraseology to imply that the Mayor should consider them, if not have regard to them, then I am sure that that would be sufficient reason for me not to press this amendment to a vote.
Police and Justice Bill
Proceeding contribution from
Lord Harris of Haringey
(Labour)
in the House of Lords on Wednesday, 18 October 2006.
It occurred during Debate on bills on Police and Justice Bill.
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2005-06Chamber / Committee
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