Clause 67 - Nationality requirements applicable to police officers etc.
Police Reform Bill [Lords]
9:30 am

Photo of Mr John Denham

Mr John Denham (Minister of State (Police, Courts and Drugs), Home Office; Southampton, Itchen, Labour)

I beg to move amendment No. 240, in page 62, line 47, at end insert—

'and, in a case where the power to make provision with respect to qualification for appointment as a constable or as a special constable, or for membership of a force, Service or Squad, is exercisable by any such regulations as are mentioned in that subsection, the regulations made must impose requirements with respect to all the matters mentioned in paragraphs (a) and (b).

The clause was debated extensively in another place, and the amendment honours a commitment that was made by Lord Rooker. Police forces want to employ the best and most suitable people as police officers. They want to select people on merit and do not want to exclude people because of factors that have no bearing on their ability to do the job. Forces have found that the existing nationality rules hinder the recruitment of good people who may have been living in the United Kingdom for many years, but who do not qualify on account of their nationality.

The current rules allow Irish citizens to become police officers, but exclude people from other member states of the European Union. They also allow people from the Commonwealth who are resident here to be police officers, but exclude other foreign nationals resident here. We believe that the removal of the nationality bar will widen the pool of potential recruits, and so help the police service to improve its diversity and better reflect our society. It will make the police service more inclusive than exclusive, and it will enable us to concentrate on selecting on merit.

The police services of England, Wales, Scotland and Northern Ireland support the removal of the nationality restriction, as do the National Crime Squad, the National Criminal Intelligence Service, the British Transport police, the Royal Parks constabulary, the United Kingdom Atomic Energy Authority constabulary, the Special constabulary and the Association of Police Authorities.

In the other place, several Lords expressed concern about the fact that Britain could be policed by people who did not speak English, could not be understood by the public, or knew nothing about this country. I think that those fears were misplaced. None the less, the amendment responds to those who expressed such fears. Clearly, the ability to communicate effectively with the public and write plain English is essential for police work. It is also essential that police officers have knowledge of Britain and the society that they police.

The amendment requires the Government to make regulations that will ensure that police officers cannot be appointed unless they are competent in written and oral English. Candidates' skill in oral and written English will be tested, and if they do not reach a satisfactory standard they will be rejected, even if they have all the other skills and competencies needed.

Foreign and European Union nationals—indeed all candidates—will need to satisfy our rigorous vetting requirements. It might, for example, be unlikely that

someone who has lived here for a short time could be vetted; that person would therefore not qualify for appointment. There will also be a provision to reserve posts that are particularly sensitive to national security. That combination of safeguards will be put in place and those requirements will need to be met before a candidate of whatever nationality qualifies for appointment.

We do not intend to change the immigration rules to allow us to recruit people who have no right to work and live in the UK from abroad. To be eligible to serve in the police force, foreign nationals will need to be resident in the UK and have no restrictions attached to their stay. We will not actively recruit from abroad. The intention is to allow those who already live in the UK or have the right to work here, such as EU nationals, to join the police service if they have the right qualities and skills.

The lifting of the nationality bar will not lead to a reduction in the quality of recruits. Robust recruitment standards will maintain the quality of recruits, and all applicants, whether British or not, will have to meet certain criteria before they qualify for appointment, including those specified in the regulations that I discussed earlier. Applicants will need to show that they have the key competencies required for policing. If they do, there is no good reason why they should be excluded from the police service.

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