Police and Justice Bill

The amendment would alter the process for making changes to police force areas. There are already perfectly adequate provisions for revising police areas; indeed, those very provisions were substantially revised by the last Administration in the Police and Magistrates’ Courts Act 1994. Under the current arrangements, a merger may take place either if the police authorities concerned have volunteered or if the Home Secretary considers that a merger would be in the interests of the efficiency or effectiveness of policing. In the latter case, the Home Secretary must give notice of his intention to merge forces to the affected police and local authorities, and give them a minimum of four months to submit any objections. The Home Secretary must then consider those objections and respond to them before an order is made. Moreover, with Home Secretary-initiated mergers, the necessary order is subject to the affirmative procedure, so there must be a debate and vote in both Houses. The new clause that the amendment would insert removes those two routes, and instead requires both that the police authorities volunteer and that the Home Secretary considers the change to be in the interests of efficiency or effectiveness. I appreciate the value of requiring that the Home Secretary must be satisfied that a voluntary merger would promote the efficient or effective policing of the affected area. But the amendment also removes the ability of the Home Secretary to initiate changes to police areas. It is the function of the Home Secretary to take strategic decisions about policing—that is his traditional role in the tripartite relationship. Decisions about police areas are clearly strategic in nature. Therefore, it is right that the Home Secretary should be able to alter police areas, after proper consultation and with due parliamentary scrutiny. A provision for the Home Secretary to initiate mergers has long been on the statute book—going back to the Police Act 1964, and, indeed, before that, and rightly so. There remains a place for such a provision in the future. In making the case for retaining the existing provisions in the Police Act 1996, I can do no better than refer the House to the police reform White Paper of June 1993. It contains the following passage, which rings as true today as it did 13 years ago:"““The Government considers that...it may be desirable in the long term to reduce the number of police forces...The Government intends to ensure...that it will be possible to implement a programme of police force amalgamations in the future when the time is right…Where in future police force amalgamations become desirable, the Secretary of State will be able to prescribe new police force areas.””" I commend the forethought of the then Home Secretary, the right hon. and learned Member for Folkestone and Hythe (Mr. Howard), and I trust that he will join us in the Division Lobby to reject this amendment, should things come to that. I know that the amendment was agreed to in the other place during the controversy over the police merger programme initiated by the previous Home Secretary in response to a report of Her Majesty’s inspectorate of constabulary, ““Closing the Gap””. That might have skewed its judgement in this matter. I therefore think that it is appropriate to take this opportunity to update the House on where we are now in respect of addressing the gap in forces’ capacity and capability to tackle terrorism, serious and organised crime, other threats to public safety and what are generally called level 2, or protective, services. On 19 June, my right hon. Friend the Home Secretary made it clear that he was not going to force through mergers where they were not wanted. As a corollary to that clear statement, the notices of intention to merge that were issued on 3 March and 11 April were withdrawn on 13 July. That is not to say that the problems of providing adequate protective services in a 43-force model have gone away. There is widespread recognition that the status quo is not an option. We need to make progress in enhancing forces’ capacity and capability to protect the public from the threats posed by terrorism, serious and organised crime, civil emergencies and similar matters. But we are now more focused on the outcomes we want to achieve, and less on structural questions. I have said before on the public record that I think that in the past we got to a stage where the concerns in the strategic forces and merger debates were more about structure and process than about policing. I have written to all chief constables and police authorities, seeking their views on how best to proceed in the absence of mergers. I have followed up that letter with a series of constructive meetings with chief constables and chairs of police authorities, out in the country as well as in London, to hear their views at first hand. As part of that dialogue with the service, we have made it clear that we are open to all possibilities, ranging from collaboration to federation and the lead-force model, and all other permutations. We are ready to do what we can to facilitate any innovative solutions to this issue. There is a real appetite for that debate out in the country in the service, and a recognition that the gaps indicated in O’Connor’s report still exist. What matters is delivering real improvements in the quality of protective services while protecting neighbourhood policing. That is what we all want to achieve. It is not a culmination, but just next week I shall see all the chief constables and chairs of police authorities in the Home Office for a day that will be spent principally on this matter, although also on other matters to do with policing. The public want their local force to tackle crime and antisocial behaviour. They also want, and deserve, to be properly protected from threats posed by serious organised crime and terrorism, and I am heartened by the willingness that there is among forces and authorities to tackle that issue. Accordingly, while we have made it clear that we have no plans to return to the issue of forced force mergers in the foreseeable future, we cannot—and I contend that no responsible Government could—rule out entirely the option of Home Secretary-initiated mergers in future. We must retain the ability to initiate mergers where that would be in the public’s best interests because it would enhance their protection. Therefore, I ask the House to reject Lords amendment No. 1. Lords amendment No. 71 relates to the Home Secretary’s powers to intervene where serious and persistent police performance concerns have arisen. We have listened to the concerns expressed in the other place, and we are bringing forward two changes to our original proposals, which we believe address those worries. Policing is a service that should be delivered and governed locally, but it should also be delivered to a consistent and acceptable standard to all our communities. The responsibility for ensuring that such a service is provided rightly resides with the chief constable and the police authority. But there might be occasions when it becomes clear that a particular local area is receiving an unacceptable standard of policing and the local force and authority have been unable to take the necessary steps to address that. Beyond choosing where to live, local people have no effective choice about the police service they receive. For that reason, the Government need to have reserve powers to intervene in those cases where policing has fallen below an acceptable level and other non-statutory resolutions to performance issues have proved insufficient. Our proposals in the Bill as passed by this House modify the reserve powers to intervene in an underperforming force or police authority. I should stress that we are not taking new powers; in the case of police authorities, these powers have existed since 1994, and in the case of police forces, they have existed since 2002.