Police Reform and Social Responsibility Bill — Report (1st Day)

Part of the debate – in the House of Lords at 7:00 pm on 29 June 2011.

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Photo of Baroness Browning Baroness Browning Minister of State (Home Office) 7:00, 29 June 2011

That is quite true but we want to get this right. This is an important issue. I apologise that I am not able to discuss it in detail today but it has been the subject of a great deal of consultation, not least with the MPA, and we want to make absolutely sure that we get it right. I will come on to that later.

As I mentioned earlier, the amendments in this grouping have come about as a result of consultation and, of course, in Committee, where several noble Lords raised some significant issues around this area, not least my noble friends Lord Shipley and Baroness Hamwee. For example, they were concerned that the mayor could appoint a non-Assembly Member to be a deputy mayor, which would have cut across the democratic principles that the Bill seeks to establish. The Bill allows the Mayor of London, operating through the Mayor's Office for Policing and Crime, to delegate the day-to-day handling of policing governance to a deputy. However, in accordance with general legal principles, the mayor will not be able to pass on the responsibility for any delegated work. As I have just explained, PCCs will still hold that responsibility, whatever they delegate. I accept that this is a new governance model but it is essential that the mayor is always held responsible for the way that his or her functions are carried out.

Clause 20 establishes that the selection must be made in line with existing provisions for mayoral appointments. Further essential details, such as the eligibility criteria and terms and conditions for the post, are set out in Schedule 3 to the Bill. I should explain that in the initial draft of this Bill some particularly crucial functions could not be delegated to the deputy mayor for policing and crime, or anyone else, such as issuing a police and crime plan, preparing an annual report on policing, attending meetings on the police and crime panel, and representations on appointment of the Commissioner of the Metropolitan Police. However, the committee in the House of Commons agreed to remove the barriers to the deputy mayor for policing and crime determining policing objectives, preparing an annual report and attending the police and crime panel on the mayor's behalf. I would urge noble Lords to respect the decision of the other place in this matter, particularly given what I have already said regarding the ultimate legal and democratic responsibility of the mayor in these matters.

The question of the deputy mayor not being a Member of the Assembly was raised by the noble Baroness, Lady Hamwee, in Committee. The safeguard of a binding confirmation hearing will ensure that the Assembly is content with any non-Member appointee to the position of deputy mayor for policing and crime. That will mean that if the mayor puts forward somebody who is not a Member of the Assembly, the Assembly committee will have the opportunity to make a binding decision confirmation at that hearing. I am content that the right balance has been struck here, and I was particularly struck, not just in Committee but in subsequent meetings, about the very real concern that people had about allowing somebody totally inappropriate within that category to be appointed as deputy mayor. I hope that Members across the House are reassured that we have addressed that particular problem.

I will now discuss those amendments which address the role and appointment of an acting PCC. The amendments tabled by the noble Baroness, Lady Henig, and my noble friend Baroness Hamwee to secure the appointment of an acting PCC from the panel rather than the PCC staff are also captured in this debate. The government amendments in this group do not affect our provisions for the appointment of an acting PCC. Therefore, irrespective of the appointment of a deputy PCC, were the incumbent PCC to be incapacitated and unable to undertake their statutory duties and functions, it will remain the case that the acting PCC must be drawn from the PCC's staff. I hope that we have gone some way in this area to meeting some of the concerns that were raised in Committee. The Government believe that we have got that balance right, and therefore I hope that noble Lords who have tabled amendments in this grouping will feel able to withdraw them.