Police and Justice Bill

My Lords, I give a cautious welcome to these amendments, which were introduced in the other place. They represent significant progress in addressing the concerns that I raised in previous debates on this matter. I am certainly very pleased that the Government have listened to the arguments about the balance of powers within the tripartite relationship and, equally, the need to balance central and local powers. The issues formed much of the backdrop to the disquiet about the Government’s earlier proposals. However, as I say, my welcome is cautious because I am not certain that the amendments address all the problems that I have with these provisions. I hope that the Minister can offer me a tad more assurance on the elements that still cause me a little concern. The amendments remove the possibility that the Secretary of State could give directions to a chief constable. Instead, all such directions must be routed through the police authority, which is a very important and welcome step in the right direction. I am also very gratified that HMIC will be given a role in commenting not only on whether a police force is fundamentally flawed before intervention takes place, but on whether a police authority is failing as well. This, too, is an important change, because it ensures that an independent view will be expressed on whether intervention is warranted in both forces and authorities. But I confess that I should have liked the amendments to be a little stronger, as they do not, for instance, oblige the Secretary of State to pay any attention to what the chief inspector says or, if he disagrees with the chief inspector, to explain why. I understand the Government’s reasons for wanting to broaden the sources of information that might inform a judgment about whether a force is failing, but they have probably got more from these provisions than just a wider spread of reference material. Under the old arrangements, no intervention could be triggered unless an adverse report had been received from HMIC. Now the chief inspector can express an opinion, but that is not what determines whether intervention takes place. That is done by the Secretary of State. The amendments also specify that it is the Secretary of State, not HMIC, who has a responsibility for publishing the opinion of the chief inspector. I find that a little puzzling, as I should have thought it was perfectly proper for the chief inspector to publish his own opinion. In addition, it is clear that it is up to the Secretary of State to decide how he will publish the chief inspector’s opinion, which gives the unfortunate impression of leaving room to be less than transparent about how this might be done. I am sure that that is not the intention but that the Government wish to maintain flexibility in case genuinely sensitive material is involved. It reinforces the appearance of minimising the role of HMIC in this process. I simply make that observation. This role is important because the independence and expertise of HMIC are key elements of providing reassurance about the legitimate and effective use of intervention powers. How do the Government believe these provisions will operate in practice, especially as there might be disagreement between HMIC and the Home Secretary about what ““failing”” means? Could the Minister also offer reassurance on the other points that I have raised and explain why the Secretary of State will publish the chief inspector’s opinion? If, as I hope, she is able to reassure me, I shall be satisfied with that, but I put on record my continuing interest and assurance that I shall be watching very carefully how these powers are used.