Clause 38 - Designation of SOCA staff as persons
Serious Organised Crime and Police Bill
6:45 pm

Mr David Heath (Shadow Minister (Home Affairs), Home Affairs; Somerton and Frome, Liberal Democrat)
We have had a useful debate. The hon. Member for Sutton Coldfield has indicated that he does not intend to press his amendments on the complaints procedure; I part company with him on that point, because it is important that we have a common complaints procedure for SOCA and the Independent Police Complaints Commission is probably the most appropriate place. I have argued consistently during the past couple of years that we need to extend the provisions for the complaints procedure to Customs and Excise officers, who are outside the police complaints procedures but often exercise the same sort of powers as police. The same applies to the officers of the Immigration and Nationality Directorate when they are exercising quasi-police powers. There is a question about the adequacy of the resources that are available to the IPCC to that much larger role, and whether there might be detriment to the police service as a whole because its complaints procedure has effectively been hijacked by many other operatives in different spheres. That is a debate to which we will have to return another day.
What the Minister said about individuals' capacity to retain not only their pre-existing terms and conditions, but effectively enhance them during service with SOCA, is helpful and I am happy to hear it. However, there is so much that we still do not know about how SOCA will operate. Will it have a rank structure and, if so, what type? Will promotion within SOCA be recognised on return to a police force? The person concerned will no longer be in the office of constable and have no opportunity to sit a board. Will someone who has risen through the ranks at SOCA have to return to their police force in the rank they were in when they left, despite the fact that they have had considerably enhanced experience while working in SOCA? We need to debate those matters later.
The Minister and I do not agree about the lead amendment, which deals with the office of constable. We do not agree that it is in the interests of SOCA that constables leaving the police service should retain that the office of constable while they are in SOCA. I am not going to persuade her and she is not going to persuade me. We have debated the matter already and divided the Committee. I do not see any great advantage in doing so again. We will undoubtedly return to this matter on Report and in another place. On that basis I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 38 ordered to stand part of the Bill.
