Police and Justice Bill

It is generally true that the public have been left behind in the reorganisation of public services—the police are not alone in being reorganised. The public have not been properly consulted about health service and police changes. We tried to draw that major point to the Government’s attention when the proposals were considered. Before the interventions, I was considering the absence of parliamentary debate. Conservative and Liberal Democrat Members always initiated discussion and the Government tried to avoid parliamentary debate. That was one of the worst aspects of their proposals for mergers. They drove the process to an absurdly tight timetable, giving police authorities only three months to prepare their cases before Christmas, and ignored the offer that we made in February to allow a year for proper consultation. They gravely damaged the perceived independence of Her Majesty’s inspectorate of constabulary, and many Conservative Members fear that the inspectorate’s reputation was unnecessarily undermined by the Government’s pressing for early publication of an inadequate report. The Government proceeded regardless of the financial implications, and before they had secured adequate financing from the Treasury to make even the first voluntary merger, between Cumbria and Lancashire, work. As the Home Office director general of crime, policing and counter-terrorism said last month, the process was"““not well enough planned… not well enough managed””." That is a masterpiece of official understatement. What did the Government achieve? They secured a delay in voluntary co-operation, which we and the Association of Police Authorities had urged, to strengthen protective services, and a bill of more than £10 million that police authorities incurred in preparation for amalgamation. The Government have had to pay compensation for that—money that will come from the police budget. The expensive waste of police time has made us wary of potential abuse of the power to force mergers in future. The Minister said that my right hon. and learned Friend the Member for Folkestone and Hythe (Mr. Howard) had originally proposed that power, but I could as easily have quoted the then shadow Home Secretary, the right hon. Member for Sedgefield (Mr. Blair), who opposed it and warned that forcing police mergers without proper process would be"““a denial of constitutional principle””." We cannot support the retention of that power unless the Government reassure the House that it will be exercised properly. I therefore request five key reassurances. If the Minister can provide them, we will feel more comfortable about allowing the power to remain the Bill. First, we need to be confident that other options for improving protective services or otherwise enhancing force co-operation have been exhausted before the Government resort to amalgamation. The Minister has told the press that the power will be used as ““absolutely”” the ““last resort””. Similarly, Baroness Scotland said that it would be used only as a ““last resort”” and a ““back-stop””. It would be helpful if the Minister repeated that assurance in those words today. Secondly, a proper case must be made for amalgamations with robust, costed and preferably independent evaluation of the options. Many of us believed that the O’Connor report—the report of Her Majesty’s inspectorate of constabulary—on which the Government relied to pursue amalgamations fulfilled none of those criteria. Thirdly, adequate public consultation must take place, and not only during the statutory period of four months’ consultation once the Home Secretary has decided to press ahead with a force merger. There must be proper consultation with local people, police authorities, police forces and hon. Members before then. Fourthly, the Minister mentioned due parliamentary scrutiny, which I welcome. However, there must be proper parliamentary consultation—not simply a short debate on any order that is laid, but proper debate on all the issues relevant to a compulsory merger, which, as Her Majesty’s inspector of constabulary conceded in the report, has constitutional significance. Fifthly, we must have an assurance that the financial implications have been tackled, not least precept equalisation, which effectively sank the merger between Cumbria and Lancashire. I hope that the Minister accepts that those requirements are reasonable. Let me repeat them, because I am serious about our offer. First, we must be confident that all the options for improving services have been exhausted and that the power will be used as a last resort. Secondly, a proper case for amalgamation must be made. Thirdly, there should be genuine public consultation. Fourthly, proper parliamentary consultation and scrutiny must take place. Fifthly, we need an assurance about the financial implications. We previously sought a local referendum on force mergers and an independent cost-benefit analysis of the proposals. We do not request those checks today. We simply ask the Government to assure us that, if force mergers become necessary—in the main, Conservative Members hope that they do not—they will conduct the process properly and thoroughly. I hope that the Minister can give us the reassurances that we seek about the process. If so, we will not try to oppose him when he asks the House to retain the power for force mergers as a last resort. We dislike the power, but the reassurances will give us the knowledge that the House and, importantly, the other place, can hold the Government to them should we and they consider and vote on a proposed merger in future. I welcome the Minister’s acknowledgement that there should be a debate on outcomes rather than structures. We will support him in encouraging voluntary co-operation between forces to strengthen protective services. We accept that the gap needs to be closed and that the issue is important. We urge police authorities to be serious and to take forward as robustly as possible the proposals to make savings, which they can reinvest in protective services. Such savings should be achievable through sharing, for example, back-office functions. We support the Government on that. Despite the concessions that I acknowledge that the Minister has made, we are not happy about the new power that the Government seek to direct police forces and intervene in their performance. Lords amendment No. 71 deals with that. The Association of Police Authorities and the Association of Chief Police Officers perceived the power as a major shift in the tripartite balance between chief constables, police authorities and the Home Secretary, and an unwelcome step towards the accrual of central power. I acknowledge that the Government amendments would, to some extent, redress the balance, but they are not adequate to allay our concerns. The Home Secretary can currently intervene only in the case of a negative report from Her Majesty’s inspectorate of constabulary. However, under the proposals, the Home Secretary could intervene without such a report. The intervention could be based on his or her opinion, and the measure contains no definition of failure to discharge any of a police force’s or authority’s functions effectively. Indeed, the Government could intervene pre-emptively, so that the Secretary of State could divine that forces or authorities were about to under-perform.