Police

Part of the debate – in the House of Lords at 12:41 pm on 2 March 2006.

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Photo of Viscount Simon Viscount Simon Deputy Chairman of Committees, Deputy Speaker (Lords) 12:41, 2 March 2006

My Lords, this absolutely fascinating debate was introduced by the noble Viscount, Lord Tenby. I feel somewhat reticent to speak, given that my knowledge is confined to only one area. I will stray only very briefly from that area, which is road policing, something that is generally swept under the carpet and ignored by both police and public, until they become involved. I took my class one police certificate in the early 1960s. I still go out on traffic patrol on a regular basis. I still take advanced driving courses. Last weekend I was invited to a specific course for senior investigating officers; unfortunately, I could not attend.

In the report on police force amalgamations, Closing the Gap by Denis O'Connor, roads policing is considered, briefly but importantly, as a key and protected police service. Such observations seem to be at odds with the general attitude the Government and ACPO have shown to this vital policing role in recent times, which I shall touch upon later. I would not wish this debate to exclude careful consideration of how to ensure that roads policing is given proper recognition under the overall impact proposed by these amalgamations.

Last Wednesday I went out on patrol from 6am to 5pm. It was a very quiet day, but the previous day there had been two fatal collisions. Had those people died in a railway or aeroplane crash, they would have made newspaper headlines, but these were mere road deaths, so nothing was reported.

Chief police officers have systematically stripped the roads policing structure of resources in order to meet other government objectives and targets. Sadly, road safety and maintenance of the rule of law on our roads is not one of those priorities, except perhaps when death and serious injury are at issue. Am I being controversial if I say that enforcement cameras only catch motorists exceeding the speed limit and do nothing about the driver with excess alcohol in his system, dangerous driving, or the driver wanted for offences that could range from the mundane to the serious?

We witness more and more resources being poured into neighbourhood policing teams, to the exclusion of other key protected services, for which road policing is an ever-tempting source of officer supply. There is a clear parallel here with community policing, which fell into decline in the 1970s, 1980s and 1990s, precisely because only a snapshot of the broader spectrum of the tasks undertaken by officers was recognised and valued. There are concerns from RoSPA, PACTS, RoadPeace and others about the future and direction of roads policing.

The ACPO vision document for workforce modernisation alludes to Asda accomplishing recent success through a complete programme of organisational change of both their workforce and business structures, highlighting an eightfold increase in share value between 1991 and 1999. Does this presuppose that ACPO wishes to model the future of the police force on the operations of a major retailer? It seems absurd that policing should be compared with buying and selling such commodities as tins of beans. If Asda has a line that does not work or make a profit, or is too costly to sell, it can ditch it; does the same rationale apply to roads policing?

How will the Government provide assurances that roads policing is delivered as a protected service under the new system of amalgamated forces? If, following mergers, some chief constables are not persuaded that roads policing is important, or believe that the role can be carried out by other agencies, will they, under financial pressure, be compelled to shed the task completely? I wonder, idly, if the Department for Transport is being set up to take greater ownership of road traffic enforcement. As they have invested £800 million in HATOs over a 10-year period, are these people going to be given further powers on the basis that police officers should focus on the strategic aim of denying the criminal the use of the road? That is significantly different from delivering the road safety message, or traffic law enforcement.

The motorway network now benefits from the overt operation of these highway traffic officers. What is the policy when HATOs identify breaches of traffic law? Do they summon the assistance of other agencies, such as the police or VOSA? Is it envisaged that they will ever enforce road law with powers to stop similar to those currently available only to constables in uniform and certain authorised staff of VOSA? There is much confusion in the eyes of motorists as to what HATOs can and cannot do, and the apparent communication overlaps and underlaps—if such a word exists—between other agencies. Due to an enabling clause in the Traffic Management Act, more power could be extended to HATOs. Could my noble friend confirm that the Government have no such intention?

About 18 months ago, Caroline Flint, then Minister in the other place, said HATOs would release a number of roads policing officers for other posts and, in any event,

"any operational police officer can enforce traffic legislation, as appropriate, when an offence is being committed. The increased number of officers on any general beat duties will enable increased and swifter action against breaches of roads law".

I would love to see an officer on foot patrol, chasing along a street, trying to stop a vehicle being dangerously driven at 70 miles per hour. To be serious, such comments fail to understand the sheer weight of demand on operational officers and the lack of training in order to enforce such laws. Those police officers providing roads policing in England and Wales are highly trained, dedicated, professional people with a vast range of abilities and skills. The general public respect them and regard them as effective. Enforcement of traffic laws, apart from speeding offences, is in decline. Driving under the influence of drink or drugs is becoming more commonplace and a real cause for concern. We must ask ourselves how effective the roads policing officer is who randomly and spontaneously pulls over a vehicle, almost by instinct, as mentioned by my noble friend Lord Mackenzie, for something a non-traffic trained officer would not necessarily notice. This might lead to an arrest that otherwise would not have been made.

ACPO and the Government might argue that ANPR is the panacea to these problems, but it still will not detect drink and drug-related driving offences, construction and use offences, seatbelt-wearing offences, provide a visible presence, or, indeed, just assist and advise the motoring public.

A roads policing officer is a police officer first and a roads policing officer second; he is there to uphold the law in so many ways that will be encountered.

I should like to provide some food for thought for my noble friend. First, the new powers of arrest exclude those disqualified from driving. While that in some cases is surmountable, the police no longer have the power to enter property to effect arrest, which includes vehicles. Secondly, evidence is rising on the problem of drug driving, and there is a need for legal clarity and simplicity in enforcement. Please consider removing the requirement to prove impairment. Thirdly, roads policing enforcement relies so much on safety camera funding. It is vital that the police have access to that funding under the new arrangements. Local authorities are already eyeing those funds which, if successful, would have a detrimental effect on roads policing.

Finally, ask an astute criminal whether he would drive a vehicle known to be of interest to the police on ANPR. The reply would be, "I wouldn't be that stupid".