Clause 2 - Amendments to the Police Act 1996
Police and Justice Bill
1:00 pm

Nick Herbert (Shadow Minister (Police Reform), Home Affairs; Arundel and South Downs, Conservative)

It is a pleasure to serve under your chairmanship, Mr. Pope, as it was this morning under Mr. Conway. I shall not re-introduce into our proceedings the partisan note that the Minister struck in relation to the looks of hon. Members on each side of the Committee.

This is a significant clause. It is arguably the Bill’s key clause, because it amends the Police Act 1996 so as to give the Home Secretary considerable new powers in relation to the intervention of police authorities and their appointment. The provisions come partly on the back of the Government’s proposals to amalgamate police forces, which will, they argue, create a need to reshape police authorities. They want to do that in the easiest possible way. However, there are also proposals to extend the Government’s powers to intervene in the work of police authorities that have   nothing to do with amalgamation and everything to do with the increasing use of such powers in the past few years.

We have concerns about both parts of the proposals. First, the ability of the Home Secretary to reconstitute, by order, the shape of police authorities has, rightly, been criticised by the Association of Police Authorities. It has grave concerns, considering that such sweeping provisions should not be made by delegated legislation, which will enable the Home Secretary to reshape the police authorities by order, particularly when that order is to be approved by negative resolution, as proposed under the clause.

The discomfort of many of us—at least on this side of the Committee—about the potential use of the power is increased by the way in which the Government have proceeded with regard to amalgamations. The lack of consultation on those amalgamations, the speed with which they are being progressed and the failure to take into account the objections of many police authorities to the process have contributed to our sense that once the power has been conferred on Ministers, there will be no opportunity in future to give the powers proper scrutiny, or for the House automatically to vote on them. The wholesale reorganisation of police authorities will then be possible. That is a matter of some constitutional significance, and should not be decided simply by ministerial diktat.

Later amendments seek to examine the use of the powers and to substitute the use of the positive procedure, so as to ensure that a vote will take place. Our amendments—

Greg Pope (Hyndburn, Labour)

Order. May I gently say to the hon. Gentleman that we need to debate the amendments when we reach them. At the moment, we are debating clause 2 stand part, and clause 2 is a one-line clause.

Nick Herbert (Shadow Minister (Police Reform), Home Affairs; Arundel and South Downs, Conservative)

I am grateful for your advice, Mr. Pope. It is slightly problematic that the Bill has a one-line clause to bring into a force a schedule that is incredibly comprehensive and prescriptive about new powers and the amendment of existing powers to reshape police authorities and to direct them. Our dilemma is whether to oppose parts of that schedule piecemeal in order to raise our concerns, or whether, instead of having a lengthy debate on clause 2, we should have a debate on the schedule after consideration of the amendments.

Greg Pope (Hyndburn, Labour)

Order. Perhaps I can help. The best way forward is probably to hold that debate when we come to schedule 2 and the amendments thereto, rather than now.

Nick Herbert (Shadow Minister (Police Reform), Home Affairs; Arundel and South Downs, Conservative)

I am happy, Mr. Pope, to accept your guidance. Rather than make a lengthy and important speech now about a one-line provision, and provided that we have the opportunity for a wide-ranging debate with the possibility of a vote on the schedule, I   am happy to conclude my remarks. My concerns about the operation of the clause and the powers that it will put in place will be considered shortly.