Police and Crime Commissioners — House of Lords, 2018-06-28
Topic: Law and Crime
Paul Anthony Elliott Bew (Crossbench, Unknown): My Lords, I thank my noble friend Lord Armstrong of Ilminster for obtaining this debate and for his important speech in introducing it. In the case of Edward Heath, he will know that we have talked about this, and I was the historical adviser to the Bloody Sunday tribunal. The Cabinet documents available to the historical adviser made it clear that Sir Edward Heath’s responsibility for Bloody Sunday could only be nil. None the less, Sir Edward had to appear in court and undergo quite a vigorous cross-examination. The standard of justice he got in Northern Ireland was vastly superior to that which he received in Wiltshire, which we should be a little worried about at this stage of the proceedings On the PCCs more generally and their role, I declare an interest as being chairman of the Committee on Standards in Public Life. We produced a report, Command Paper 9057—Tone from the Top: Leadership, Ethics and Accountability in Policing, whose 140 pages I cannot possible summarise in the four minutes available today. It was an attempt to be fair-minded and objective. We heard in the press at the time, as many have heard today, stories of apparently erratic behaviour of police and crime commissioners. We also had many examples of very fine work. We tried to find a balance and to suggest certain reforms. Above all, we were determined to insist that the Nolan principles should have great relevance to the work of modern policing and of police and crime commissioners. The evidence that we saw pointed to greater professionalism and increased visibility by PPCs, as well as a widespread recognition of the importance of the College of Policing’s code of ethics, core policing values and the need for new mechanisms to support high standards of behaviour and propriety. Crucially—the point has already been made by the noble Lords, Lord Wasserman and Lord Bassam, and it is due especially to the work of police and crime commissioners perhaps in the north of the country—there is now much higher visibility in respect of crimes and violence against women in general and not just domestic violence. This is a clear-cut area of success and achievement However, there was also clear evidence of significant standards risks. One that the committee highlighted in its report and is particularly relevant to this debate is the continuing confusion over roles and responsibilities, especially where responsibility for governance ends and that for operational decisions begins. That raises key questions of scrutiny and accountability. The noble Lord, Lord Wasserman, who has done important work in this area, said that the accountability of police and crime commissioners was an issue, and I agree. He is also right to draw attention to the concept of recall. We now have recall for Members of Parliament. If in principle we have it for one type of elected official, I cannot see a strong argument for not having it for another. However, when recall was introduced in Parliament, the committee had correspondence with the then Prime Minister David Cameron, in which we said that, if we were to introduce this pit that an MP might fall into, we had a responsibility to ensure that MPs knew beforehand the ethical standards by which they were supposed to live and that it was important to have proper induction, so that the rules and obligations were clear. To the credit of that Prime Minister, he accepted the point completely and supported the committee in this regard. If that is true for MPs who may face recall, it should be true for police and crime commissioners. There must be proper provision of induction courses that explain all the ethical risks and pitfalls that might exist When we were going around the country and talking to police and crime commissioners, I was slightly disappointed in respect of this final point. The Nolan principles should apply nationally. We quite understand that the PCCs experiment is all about creative localism and we respect that, but that should not create a context in which police and crime commissioners can evade their commitment to the Nolan principles of accountability above all in public life.