Clause 21 - Appointment of Chief Inspector
Police and Justice Bill
10:45 am
Nick Herbert (Shadow Minister (Police Reform), Home Affairs; Arundel and South Downs, Conservative)
I am grateful for the Minister’s response, because she recognised some of the concerns that have been expressed and shared some of the views that I set out about the need to maintain an independent inspectorate. Much of what she says is reassuring.
I have some continuing concerns, and some observations, however. First, I worry whether the provision in clause 25(3) that
“the Chief Inspector shall have regard to such aspects of government policy as the responsible ministers may direct”
may prevent the chief inspector from speaking out against and criticising Government policy. The Minister shakes her head. If my worry is incorrect, it would be helpful if she said so on the record, because it is important to send out the correct signal about the independence of inspectors and their ability at times to say things about the operation of policy that are difficult for Governments to accept. It is an important caveat.
Secondly, I accept what the Minister said about the possible need to confer additional functions on the chief inspector under clause 24. She said that they would be debated in Parliament, but I wonder whether they will be, because I suspect that they will be made under the negative resolution. There may not be any opportunity for debate about those additional functions, but that is just a minor, though familiar, point about the order-making powers.
My substantive point relates to whether it is a good idea to enshrine the independence of the inspectorate, and the chief inspector in particular, in the Bill. The Minister’s argument was not to criticise the idea that the inspector should be independent, but to say that the amendment is unnecessary and that its provisions are already guaranteed. If I heard correctly, the guarantee is offered simply by creating the statutory office of the inspector. I do not see why that in itself should guarantee the independence of the position. Many statutory offices are created by legislation, and it does not necessarily mean that they are independent.
Given that I am sure the Minister shares the desire to maintain and enshrine that independence, will she reflect on whether it would be a good idea to insert that independence in the Bill? It would not harm the operation of the inspectorate, but it would make it clear to the public and to the appointees themselves that they have an independent role and they are expected to fulfil it. I do not wish to press the amendment, but I should be grateful if the Minister reflected on that point and responded to my specific concern about whether the chief inspector might not be permitted to speak out in criticism of Government policy.