Police Federation (Amendment) Regulations 2015 — House of Lords, 2015-07-15
Topic: Law and Crime
Richard Rosser (Labour, Centre-left): My Lords, I begin by declaring that I am a member of the police service parliamentary scheme committee and I have also taken part in the police service parliamentary scheme itself I am grateful to the noble Baroness, Lady Harris of Richmond, for giving us an opportunity to discuss these regulations. The three speeches that we have heard so far have been eloquent and forceful. I am afraid that is not something I will be able to match, given that much of my contribution will be in the form of questions to the Minister as I am not entirely sure what these regulations mean in practice. I am sure he will be able to provide me with the answers since, as I understand it, these regulations have now been in force for some three and a half months, unless they have somehow been delayed. I hope that the Minister will respond on the basis of his experience of how these regulations are working and the impact they are having First, I refer to the report of the Secondary Legislation Scrutiny Committee. It is a fairly old report, given that it was published on 26 March this year. The committee stated in paragraph 8 of the report on the regulations: "The concept of not allowing a closed shop to operate is well established but no-one, including the Home Office, is aware of a precedent for the proposal that members can opt into a ‘union’ and use its services without also paying a subscription" I would be grateful if the Minister would say whether he believes that is a fair statement—namely, that the Home Office is unaware of a precedent for the proposal. In fact, it is no longer a proposal but a reality in these regulations. Will he also say why the Home Office felt it was necessary to have this arrangement uniquely for the Police Federation As the Minister will also be aware, the Secondary Legislation Scrutiny Committee expressed surprise that no estimate of the predicted financial impact of this legislation on the federation had been provided. I am sure that will not be a surprise question for the Minister and that he expected it to be raised. Why was no estimate given of the predicted financial impact of this legislation on the federation, and why did the Secondary Legislation Scrutiny Committee feel moved to comment on that fact? What is the Government’s estimate of the predicted financial impact of this legislation on the federation, since, presumably, they have not embarked on bringing these regulations into force without knowing the answer to that question? Therefore, I would be grateful if the noble Lord would answer the question, which was also raised by the Secondary Legislation Scrutiny Committee If officers previously paid no subscription but then opted to pay one, can they at any time opt back into paying no subscription—for example, in circumstances where they received advice or support that led them to change from paying no subscription to paying one? Can they yo-yo to and fro between paying no subscription and paying one simply to cover the period during which they feel they require advice or support from the federation? Then, once they have had that advice or support, can they immediately opt back into paying no subscription? I would be grateful if the Minister would answer that question Can the Police Federation alone decide whether it will provide any level of service at all to officers who join the federation but decline to pay any subscription, or would it be stopped from doing this by these or any other regulations and be compelled to provide some level of service to officers who join but do not pay any subscription? At the moment that is not entirely clear to me from the information in front of me Paragraph 10 of the Secondary Legislation Scrutiny Committee report states: "The Home Office also states that, apart from the provisions about specified matters outlined in these Regulations, legislation does not otherwise set out which members are eligible for what benefit. Further detail on the specific benefits that the Federation provides and the eligibility criteria for these benefits would be outlined in the Police Federation’s Fund Rules" That is a direct quote from the Secondary Legislation Scrutiny Committee, telling us what the Home Office has stated. In the light of that, do the Police Federation’s fund rules have to be approved by the Secretary of State, or is it a matter solely for the federation to decide what these rules say, provided that they do not conflict with the provisions about, "specified matters outlined in these Regulations"?