New clause 6 - Membership of district policing partnerships

Part of Police (Northern Ireland) Bill [Lords] – in a Public Bill Committee at 4:30 pm on 11 March 2003.

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Photo of Jane Kennedy Jane Kennedy Minister of State, Northern Ireland Office 4:30, 11 March 2003

The right hon. Gentleman and the hon. Member for East Londonderry make the valid point that the legislation has never been acted on. Is it not fair to say, however, that it is entirely down to a member of the public to take action? A member of the public can draw to the council's attention any breach of the provisions, and it would then be for the council to go to court. The right hon. Gentleman and the hon. Gentleman both said that the provisions were failing, but the measures contained in the new clause tabled by the hon. Member for Spelthorne are already contained in statute. As it stands, if a case were ever brought, the eventual decision would be a matter for the court. Therefore, legislation already provides for councillors who act in such a way to be removed from their position on the local council. If that happens, they automatically cease to hold office as a member of a district policing partnership, as the hon. Member for Wycombe said.

Paragraph 7 of schedule 3 of the 2000 Act sets out a series of grounds on which members of the district policing partnerships, both independent and political, may be removed from office by the board or the council, with the approval of the board. Grounds include being convicted of a criminal offence or being otherwise unable or unfit to discharge their functions as a member of the DPP. Those provisions, taken with the provisions in the electoral legislation, deal, to a large extent, with the points raised by new clause 7.

We understand, and are sympathetic to, the thinking behind the two new clauses. I take on board the points that have been made about the effectiveness of the current provisions, and perhaps we need to consider that further, but we believe that the points raised are adequately dealt with by existing legislation.