New clause 8 - Economy in functions of the Board
Police (Northern Ireland) Bill [Lords]
4:30 pm

Photo of Ms Jane Kennedy

Ms Jane Kennedy (Minister of State, Northern Ireland Office; Liverpool, Wavertree, Labour)

Again, this is one of those occasions when I can say that we do not support the new clause, but not because we disagree with its sentiments. Of course the board should have regard to the need to make economic use of public funds, but another part of the Act already deals with that obligation. Members of the Committee will know from our discussions on other matters in the first sitting that part 5 of the 2000 Act contains provisions that relate to the three Es—economy, efficiency and effectiveness. It states:

''The Board shall make arrangements to secure continuous improvement in the way in which its functions, and those of the Chief Constable, are exercised, having regard to a combination of economy, efficiency and effectiveness.''

That is done through the board's performance plan, which is published annually.

Sections 29 to 31 set out the arrangements for auditing and enforcing the duty. I see a distinction between that important procedural duty—it applies to the board but obviously has great implications for the Chief Constable, too—and the obligation on the board in section 3(2). The latter section deals primarily with the board's obligation to ensure that a body of people are in place who can undertake their operational duties efficiently and effectively. In the operational context, the duty to make the best use of public funds is encompassed in the word ''efficient''. There are only two key words in the relevant phrase. The board's concern as part of its general function is to ensure that the police operate efficiently and effectively. Its functions under part 5 of the 2000 Act are additional to, not inconsistent with, the general functions.

It may be worth noting in passing that the equivalent provisions for England and Wales, which are set out in section 6(1) of the Police Act 1996, also refer to a duty to ensure

''the maintenance of an efficient and effective police force''.

Police authorities in England and Wales are already subject to the best value provisions like those in part 5.

The new clause is unnecessary. The board is already required, under section 28 of the 2000 Act, to have regard to the economic use of public funds in both its and the Chief Constable's functions. Its general function under section 3 is consistent with that, but is focused primarily on the operational role of the police.

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