Clause 17 - Chief Constable's functions
Police (Northern Ireland) Bill [Lords]
2:30 pm
Mr John Taylor (Solihull, Conservative)
I had not made much headway before this morning's sitting ended. I thank the Minister for kindly and so promptly providing the list of the board members. It is useful, and it helps us realise, when we are talking about the board, that real people discharge its difficult function. We wish them well in their work.
As the morning sitting ended, I was speaking to clause 17 stand part, there being no tabled amendments. I wanted to draw the Committee's attention to the wording of the 2000 Act. I am sorry that it does not have a more felicitous title. I suppose that I could call it the Police (Northern Ireland) Act 2000, but it is more convenient to call it the 2000 Act.
Section 33 of the 2000 Act is very clear. In fact, it is an admirable piece of draftsmanship. It states:
''The police shall be under the direction and control of the Chief Constable.''
That is a fairly straightforward statement. The section then states:
''In discharging his functions, the Chief Constable shall have regard to—
(a) the policing plan; and
(b) any code of practice under section 27.''
That seems clear, as well.
However, along comes the Bill, and section 33 is subtly—or perhaps not—rewritten. It is restated that the two priorities of the Chief Constable are the
policing plan and any section 27 code of practice, but instead of just saying that he shall have regard to both, it goes on to state:
''The duty under subsection (3) applies only so far as consistent with the duty under subsection (2).''
In effect, that means that the policing plan is to have priority if there is any variation between the policing plan and the code of practice. The 2000 Act gave the Chief Constable two considerations to bear in mind, and the Bill prioritises them.
It may be thought that that is not a point of great significance, but perhaps we should consider who brings into being, on the one hand, the policing plan and, on the other, the code of practice. The code of practice is brought into being by the Secretary of State; the policing plan is brought into existence by the board. The code of practice—author, the Secretary of State—is now subordinated to the policing plan—author, the board. That is another shift in the tripartite balance between the Secretary of State, the Policing Board and the Chief Constable. Opposition Members do not like that shift. We were happy with the previous equilibrium.
I dare say the hon. Member for Newry and Armagh (Mr. Mallon) will say that I am speaking to the purposes that he wishes to see fulfilled. He is an honest man in that regard, and I dare say that he will follow me and say exactly that. I believe that he would subscribe to the view—he can speak for himself; I do not speak for him—that he wants a more elevated role for the board and that members of the nationalist persuasion in Northern Ireland want a diminished role for the Secretary of State. I understand that and I disagree with it.