Police and Justice Bill – government amendments

Report: 6a
Date: 5 October 2006
By: Chief Executive and Clerk

Summary

This report details government amendments to the Police and Justice Bill and the MPA/APA response.

A. Recommendation

That the Committee:

1. approves proposed MPA amendments to be tabled in relation to membership provisions (paragraph 8);
2. agrees that the MPA should continue lobbying with the APA at the regulation stage of the Bill, with regular updates to the Committee on progress.

B. Supporting information

Introduction

1. The Police and Justice Bill is at Report Stage in the House of Lords. During parliamentary recess the Home Office entered into concessionary discussions with interested parties. The House will meet to consider government amendments on 9 October. The Association of Police Authorities (APA) have first sought further concessions from the Home Office, in negotiation with MPA officers and Lord Harris. If concessions are not successful it is proposed to table amendments. This report outlines proposed Government amendments and addresses those that specifically relate to the MPA. Members will sent a full list of APA amendments in due course. MPA Briefing Paper 062006 – produced in January - outlined the basic provisions of the Bill and is attached for reference.

2. The Government has also included in the Bill some of the proposals that were first made as part of the former Office of the Deputy Prime Minister review of the powers of the Mayor of London and the Greater London Authority. These include the ability to remunerate the Authority’s Chair and Vice-Chairs when they are Assembly Members.

Government amendments

3. Government amendments to be moved on 9 October, a copy is attached for committee members. In summary the amendments comprise the following:

• Removal of the Basic Command Unit provisions (paragraph 1 and 2 of schedule 2)
• Provide for a standard police authority membership of 17 (23 for the MPA), with a power to increase the membership in particular cases by means of regulations, as now;
• Metropolitan Police Authority Chairman and Vice-Chairmen:

The Secretary of State shall by regulations provide that -

1. if the Mayor of London is a member of the Metropolitan Police Authority, he is to be the chairman;
2. if not, the Mayor of London is to appoint a chairman from among the members of the Authority.

The Secretary of State shall by regulations provide that the Mayor of London may appoint one or more vice-chairmen from among the members of the Authority.

Regulations under this paragraph may make further provision about how a chairman or vice-chairman is to be appointed, and provision as to

1. qualification and disqualification for appointment;
2. the tenure of office of a chairman or vice-chairman (including the circumstances in which a chairman or vice-chairman ceases to hold office or may be removed or suspended from office);
3. eligibility for re-appointment;
4. the validity of acts and proceedings of a person appointed as chairman or vice-chairman in the event of his disqualification or lack of qualification;
5. the validity of proceedings of the Authority in the event of a vacancy in the office of chairman or vice-chairman or of a defect in the appointment of a chairman or vice-chairman;
6. the payment of remuneration and allowances to a chairman or vice-chairman and the reimbursement of expenses.

• Provide that at least one independent member must be a lay justice;
• Require police authorities to issue a three-year rolling plan on an annual basis and that the plan include a statement of the objectives for the policing of their area;
• Place a duty on police authorities to make arrangements for obtaining the views of the community on policing.
• Changes to the Home Secretary’s power to intervene including:
  to provide that any direction of a chief constable must be routed via the police authority except on the request of the authority or where the authority itself has also been shown to be failing; and to require the Home Secretary to consult the new Chief Inspector for Justice, Community Safety and Custody prior to triggering the intervention powers and to publish the Chief Inspector's conclusions.

MPA issues

4. There are a number of positive amendments tabled by government including the removal of basic command unit provisions which placed BCU’s on a statutory footing.

5. The provision for standard powers and duties of community support officers will be set out in regulation. The MPA will seek assurances that all designated powers for Community Support Officer Powers should be set at the discretion of the chief officer of the service or force, in consultation with the police authority. These powers should then be standardised across the service area.

6. The Greater London Authority Act 1999 specifically excludes the Mayor from the MPA membership and provides that the Deputy Mayor must be a member of the MPA. In its response to the ODPM review of Mayoral and GLA powers, the MPA opposed the proposal that the Mayor should be Chair of the MPA on the grounds that the Mayor could not effectively discharge the Chair’s role given all his other responsibilities. It is understood that the Mayor was of a similar view. The Government now propose to enable the Mayor to be an MPA member and that, if that was the case he must be Chair. There is no requirement in the Government amendments for the Deputy Mayor to be an MPA member. It is proposed that the MPA should oppose this provision by way of an amendment.

7. The MPA was largely content with the provision for the Mayor to appoint the Chair of the MPA, provided that this was from amongst the MPA membership and that the Authority had the opportunity to express a view on the appointment. The Government amendment now concedes this point (although it is proposed that the Authority presses for a consultative mechanism prior to the appointment being made). However, it is proposed that the MPA should oppose the Government amendment enabling the Mayor to appoint the Vice-Chair(s) of the MPA. It is proposed that the MPA presses, through an amendment to the Bill for provisions parallel to other police authorities in this respect i.e. that the vice chair(s) are appointed by the Authority from its membership.

8. The Committee are therefore asked to indicate its agreement to an MPA position which, if negotiations with the Home Office are unsuccessful, is expressed by amendments to the Bill, as follows:

1. Opposition to the provision enabling the Mayor to be an MPA member (and if so, its Chair)
2. Building in a mechanism whereby the Mayor should consult with the Authority before appointing its Chair
3. That the Authority rather than the Mayor should appoint the Authority’s Vice-Chairs

C. Race and equality impact

The implementation of the Police and Justice Bill will have an impact on the equalities agenda, particularly in relation to the extension of police powers. It will also place a duty on police authorities to make arrangements to gain the views of the community on policing. The race and equality impact should therefore be monitored throughout its implementation.

D. Financial implications

The financial implications of the Act will require assessment in due course.

E. Background papers

None

F. Contact details

Report author: Sally Benton, Corporate Information Officer, MPA

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

This briefing paper has been prepared to inform members and staff on:

Police and Justice Bill

Author: Sally Benton, MPA

This briefing paper has been prepared to inform members and staff.

Summary

The Police Reform and Justice Bill, previously referred to in MPA briefing 362005 as the Safer Communities Bill was published on 25 January 2006. The Bill will have far reaching effects on policing and there are specific provisions that address Police Authorities and the MPA, so it is important that members are briefed immediately. Officers will provide a detailed appraisal of the proposals and implications on both the MPA and MPS as soon as possible.

Key issues

Part 3 provides for amendments to Crime and Disorder Act 1998, and Schedule 3 to Police Act 1996 affecting the MPA directly. At first glance, the key provisions affecting policing in London and the MPA are as follows:

• Statutory status given to BCUs, requiring that they be coterminous with one or more local authority areas. However, this will not give statutory powers to the BCU Commander.
• Provides for inspection of police authorities by the new Criminal Justice Inspectorate.
• Gives police authorities an explicit duty to hold chief officers to account.
• The core provisions of the Police Act 1996 in relation to functions and composition of police authorities are dissolved and replaced with powers for the Home Secretary to legislate by regulation.
• Provides that police authorities will cease to be Best Value Authorities -for all practical purposes.
• Gives local authority scrutiny committees power to scrutinise the actions or decisions of a police authority in relation to their crime and disorder functions (and appears to create the possibility of police authority members being co-opted to the local scrutiny for this purpose)
• Creates a new "trigger mechanism" for local people dissatisfied with community safety or policing. The trigger is via local ward councillors and local authority, and does not include any power to compel action by police.
• Provides that the Membership of the MPA will in future include Assembly Members, borough councillors and other persons. Magistrate members as of right no longer feature.
• Includes extensive powers for Home Secretary to regulate membership of the MPA, including as to appointment of Chair and vice Chair.
• Gives the Home Secretary powers to intervene and give directions to failing police authorities.
• Gives the Home Secretary power to regulate the community engagement activities of police authorities.

Future action

A full, considered briefing will be provided to members ASAP. Members are invited to comment on the proposed changes in view of possible representations being made to government.

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