Safer Communities Bill

ps/09/05
16 December 2005
MPA briefing paper

Author: Sally Benton, Corporate Information Officer, MPA

This briefing paper has been prepared to inform members and staff. It is not a committee report and no decisions are required.

Summary

The Safer Communities Bill is to be published early in 2006, with clauses dealing specifically with Force restructuring. On the 7th December, APA held a summit to discuss the implications on Forces and Authorities. This paper details decisions made at this summit and specific proposals affecting the MPA.

Key issues

The Home Secretary believes that restructuring of Forces is essential with strategic forces becoming the Home Office preferred option. This position is taken from, Dennis O’Conner, Closing the gap - A review of 'fitness for purpose' of the current structure of policing in England & Wales.

It has now been agreed that the 23rd December is no longer the absolute deadline for restructuring submissions to Home Office from Authorities, however officials would prefer draft submissions and costing by then. An APA resolution rejected this and proposed that, Authorities can submit drafts if they wish however they should not be obligated.

A Parliamentary, Christmas adjournment debate is scheduled for 19th December. A second reading date has not been scheduled, however, it is important to recognise that this is likely to be early 2006. Authorities must be prepared for these dates in order to maximise input and ensure that Forces do not take control of the process. APA will attempt to seek assurances from ACPO, however this is a responsibility of individual Clerks and Chairs.

Safer communities proposals for London

1. Strategic merger of MPS with City
2. Collaboration of MPS with City
3. Strategic merger of MPS with London element of BTP

Finance and control

Implications of the merger and precept will be investigated fully by the cross government finance working group to which the APA will be members and on which Ken Hunt sits.

Strategic Authorities will continue to be the precepting bodies and the APA will work to ensure this. Key questions are:

1. How to equalise precepts? How will these affect the MPA?
2. Borrowing – the APA current negotiating position stands, this is not an option.
3. Lyons review will affect funding formulas - need to ensure Policing funding is not in conflict and Authorities must ensure Authorities are involved in the process.

Accountability and answerability

The proposal to establish Policing Boards would transfer some Authority responsibilities. Home Secretary continues to refer to the public holding the BCU/OCU and commander to account and the role of Police Authorities at this stage is yet to be decided.

Accountability of CDRP’s may also become an issue with possible white paper on crime and disorder.

It is the MPA’s position, agreed by APA that there is a clear distinction between accountability and answerability. These lines should be clarified. APA propose that the BCU Commander is answerable/not accountable to the Chief Constable/ Commissioner, who in turn is accountable to the Authority. These lines of accountability must remain in order to safeguard strategic position of Police Authorities.

However, Home Office continue to refer to the strategic accountability of BCUs rather than answerability Catherine Crawford is working with the APA on a paper to clarify accountability lines.

Aligned with this are scrutiny procedures at a local government level.

Membership of MPA & Safer Communities

Clause 5C of the Safer Communities Bill, to be introduced in the New Year, includes the following provisions which would affect the MPA.

• Appointment of Chair and Vice Chair.
• Councils of London Boroughs must be consulted on membership.
• Magistrate Members lost.

Key issues to consider:

1. Accountability
2. Precepting bodies
3. Parliamentary debates and committees
4. Membership change
5. Mayor influence
6. City, financial demands
7. City members
8. Be aware of HO, City, BTP agendas Lyons and funding

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