Policing and Crime Bill — House of Lords, 2016-10-26
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, this clause introduces additional flexibility into the way that the police can deploy their staff by extending the powers of chief officers to designate their staff with powers and by introducing, for the first time, a power to designate volunteers with powers. At this point, I should repeat what I said in the previous debate—that, just as PCSOs are not policing on the cheap, volunteers are not policing on the cheap, either. They all contribute to the force that is the police and all have their different parts to play. This clause, together with the other changes in Chapter 1 of Part 3 of the Bill, will give chief officers the flexibility they need to best shape their workforce to local circumstances Volunteers have much to offer policing, including those with specialist skills, for example, in IT or forensic accountancy, which we talked about before, and not just in the use of PAVA spray and CS spray. Special constables are volunteers with all the powers of a constable, but it makes no sense that volunteers who do not want to become specials because they do not want to have powers at all times—this has been previously discussed—or to undertake the physical demands of personal safety training cannot be conferred with a narrower set of powers relating to a particular role. Currently the law also puts unnecessary restrictions on a chief officer who wishes to maximise the operational effectiveness of police staff. These provisions remove those barriers Chapter 1 of Part 4 of the Police Reform Act 2002 enables chief police officers to confer some or all listed powers on their civilian staff by designating them to undertake specific functions in one or more of four categories: police community support officers, known as PCSOs; investigating officers; detention officers; and escort officers. Clause 37 amends the 2002 Act to amalgamate the categories of investigating officers, detention officers and escort officers into the single category of "policing support officers", who would then be designated with the necessary powers to carry out their particular roles. The clause also enables a chief officer to designate a police volunteer as either a community support volunteer or a policing support volunteer Subsection (3) repeals the list of standard powers of PCSOs. In future, the powers that PCSOs and community support volunteers have will be a decision for each chief officer. Subsection (4) introduces for the first time a list, set out in Schedule 10, of core powers that can be exercised only by a sworn constable. The list includes powers of arrest and stop and search, and those under terrorism legislation—for example, the power to apply for a search warrant under Schedule 5 to the Terrorism Act 2000 as part of a terrorism investigation. It also includes two powers that were previously available to investigating and detention officers—namely, the power to make a fresh arrest and the power to conduct an intimate search when a medical professional is not available. Following the public consultation last year, we judged these powers to be particularly intrusive and that their use should therefore be restricted to police officers Noble Lords may wonder why the list of core powers does not include the power to make entry to premises by force, which was also consulted on as a power that should be restricted to constables only. The 2002 Act currently provides that designated individuals can exercise a power to force entry only in the company and under the supervision of a constable, or for the purpose of saving life or limb or preventing serious damage to property. Therefore, even with the extended designation possible under these provisions, no designated staff member or volunteer would be able to force entry except in the two circumstances described. However, importantly, they would be able to assist or accompany an officer executing a search, or to exercise a power to enter where force was not necessary—for example, as part of an alcohol licensing inspection The changes also provide the Secretary of State, in practice the Home Secretary, with a power to make regulations to add to the list of core powers and duties of constables: that is, those powers that may not be designated to staff or volunteers. Any such regulations would be subject to the affirmative procedure, so they will require the scrutiny and approval of both Houses The clause provides that, where the person is designated as a PCSO or a community support volunteer, they may be given any of the powers or duties set out in Schedule 8, which are powers currently available to PCSOs in lieu of police officer powers—specifically, the power to make an arrest. These powers include requiring a suspect’s name and address, or detaining a suspect to await the arrival of a police officer, which PCSOs can use in circumstances where a police officer might make an arrest Subsection (5) enables a chief officer to limit the extent of, or impose conditions on, use of the powers of his or her designated staff and volunteers. For example, if a volunteer were based in a particular locality, their designation could be restricted to that locality and its surrounding area. Subsection (6) also prevents designated staff and volunteers being authorised to use a firearm or Taser in carrying out their designated role. As we have discussed in relation to Amendment 167, tabled by the noble Lord, Lord Rosser, there is one exception to this rule. PCSOs and other designated police staff, and their new volunteer counterparts, can continue to carry and, where necessary, use CS or PAVA spray, which are classified as prohibited firearms. The clause also includes a future-proofing provision to allow the Secretary of State to make regulations, subject to the affirmative procedure, bringing new self-defence devices within the scope of this exemption These are important changes that will give significant additional flexibility to chief officers in the way that they deploy their workforce and volunteers. I hope that noble Lords will not press their opposition to Clause 37 standing part of the Bill.