Select Committee on Home Affairs Appendices to the Minutes of Evidence




Police Reform Bill Proposals Proposed Amendments
Clause 5: Directions to Chief OfficersThis section empowers the Secretary of State to require a chief officer to take remedial measures where he is satisfied that the whole or part of the force either as a whole or in any aspect of its operations is not effective or efficient.The intervention power will take the form of the preparation and submission of an action plan to address those aspects of the police force's performance that the Secretary of State considers to be ineffective or inefficient.The Action Plan must be prepared in consultation with the relevant police authorityThe Secretary of State's powers are limited. He cannot require action in relation to particular cases or individuals. Overall, the Mayor welcomes this provision where there is concern over a police force's performance. However, in order to reassure the public, the Mayor believes that reference should be made that this power of intervention should be exercised with caution and used as a last resort.The Mayor would also like to see an amendment which states that in relation to the Action Plan, in relation to the Metropolitan Police, the Mayor of London should be a statutory consultee.
Clause 9: The Independent Police Complaints CommissionThis clause provides for the creation of the IPCC, for the appointment of its chairman and members, for its constitution, and for the abolition of the Police Complaints Authority. This provision is largely to be welcomed but the Mayor would like to see the following amendments included:—9(2) The Commission shall consist of :(c) and a representative recommended for appointment by the Mayor of London.—11. Reports to the Secretary of State11(6) & (1) The Commission shall send a copy of every report to the Mayor of London.
Clause 14: Direction & Control MattersThis clause excludes the IPCC from investigating any part of a complaint or conduct matter that relates to the direction and control of a police force by its chief officer or a person deputised by him. The Mayor is of the view that this is not acceptable and that as a matter of course such issues must be statutorily included in the role of the IPCC. This would help to secure public confidence in the complaints system.
  The Mayor is minded that clause 14 should be removed and amended to reflect the view that the new IPCC will have the jurisdiction to investigate direction & control matters that were carried out by a Chief Police Officer or a person carrying out the functions of the Chief Officer of that force.
Clause 20: Duty to keep the complainant informedThis places a duty on the IPCC and on an appropriate authority (ie a chief police officer or police authority) to keep the complainant informed in as full a manner as possible of the progress and results of the investigation.Clause 20 (6) (b) (iii) however, prevents the disclosure of information to a complainant where it is required to secure that no person is adversely affected by or as a consequence of its disclosure. Overall, the Mayor welcomes this clause.However, he wishes clause 20 (6) (b) (iii) be removed in its entirety. This section as it currently stands could be abused by police officers claiming that disclosure could adversely affect them, thus reinforcing both the complainant's and public's lack of confidence in the complaints system.
Clause 24: Conduct of persons in other forms of police serviceEnables corresponding provisions to be applied to other bodies of constables and, in particular to the BTP and the Ministry of Defence Police. The Mayor is concerned that it is unclear whether Community Support Officers, police auxiliaries and accredited community safety organisations with powers would fall into the ambit of this part of the Bill. The Mayor recommends that this group be specifically named and included in clause 24 (5).
Clause 28: Resignation in the interests of efficiency & effectivenessThis clause extends existing powers in the Police Act 1996 to call on a senior officer to retire in the interests of efficiency and effectiveness, to allow for officers to step down by way of resignation as well. The Mayor welcomes this clause, but would like to see clause 28 (1) (b) amended to state:"he shall retire or resign with effect from such date as the Metropolitan Police Authority, in consultation with the Mayor, may specify, or with effect from such an earlier date".
Clause 29: Suspension of senior officersThis clause introduces a new power for police authorities, on their own initiative or when required to do so by the Secretary of State, to suspend chief officers who are or may be called on to retire or resign in the interests of the efficiency and effectiveness of their force. As a safeguard against arbitrary or unfair use by the police authority, the approval of the Secretary of State is required. Overall, the Mayor supports this clause. However, in the interests of additional accountability, he would like to see clause 29 (1) (2A) amended to state:"The Metropolitan Police Authority, in consultation with the Mayor of London, acting with the approval of the Secretary of State".Likewise, clause 29 (1) (c) should also make specific reference to consultation with the Mayor of London.
Clause 30: Removal etc. of senior officers at the instance of the Secretary of StateThis clause sets out revised powers for intervention by the Secretary of State. He will be able to require a police authority to call on the chief constable of a force outside London or the Commissioner or Deputy Commissioner of the Metropolitan Police to retire or resign in the interests of efficiency or effectiveness. He will also be able to require suspension of officers in certain circumstances. The clause also streamlines the process for considering cases brought under these powers. The Mayor is supportive of this clause, but recommends that clause 30 (1) (a) be amended to include specific reference to "consultation with the Mayor of London", after Metropolitan Police Authority.Similarly, this should be inserted in Clause 30-(2) (1A) (a).
Clause 34: Community Safety Accreditation SchemesThis clause enables chief officers of police to establish and maintain a scheme that accredits suitably and trained non-police employees with powers to undertake specified functions in the support of the police. For eg a chief officer may accredit street wardens employed by the local authority with powers to address some anti-social behaviour offences. Clause 34 (3): The Mayor would like an addendum reading " . . . in the case of London with the Mayor of London".
Clause 38: Power to amend Chapter 1This clause provides the Secretary of State with powers to modify Schedules 4 (powers exercisable by police civilians) and 5 (powers exercisable by accredited persons) so as to add to the powers and duties of designated and accredited persons. The order-making power cannot be used to add powers to arrest or detain persons. The Mayor recommends that this clause be used as a vehicle to achieve the aim of the Mayor of London being a statutory consultee.
Clause 62: Appointment & attestation of police officers etc.Provides a power for the Secretary of State to delegate the approval of senior police appointments to Her Majesty's Inspectorate of Constabulary. In practice HMIC will act in agreement with the Senior Appointments Panel. In the pursuance of accountability to Londoners, the Mayor would wish Clause 62 (3A) to include specific reference to the Mayor of London having delegated powers regarding the appointment of senior police personnel for the Metropolitan Police Service.
Clause 66: Police authorities to produce three year strategy plansThis requires police authorities to produce, every three years, a plan that sets out the strategic direction and focus of the force area. The purpose of the plan is to develop the capacity of police authorities to focus on the medium to longer-term direction of the force, which is often not possible in the annual plans that they already produce. Strategy plans must be consistent with the National Plans covering the same period. The Mayor welcomes this provision. However, he is concerned that it is not enough that strategy plans must be consistent with the National Plans covering the same period. He recommends that this strategy should also reflect those of local Crime & Disorder Reduction Strategies, Youth Justice Plans and Drug Action Strategies. This would enable policy makers and corporate planners to integrate plans into cohesive frameworks. Furthermore, a three-year planning cycle which coincides with all these strategic plans would improve strategic co-ordination of planning processes and ensure that all plans, national and local, support each other and do not require energy to be invested on planning to the detriment of service delivery. The Mayor would like to see this reflected in the Bill.The Mayor would also like to see clause 66 (1) (2) (b) amended to read:"submitted by him to the police authority for its consideration and in the case of the Metropolitan Police, submitted to the Mayor for his consideration".Likewise, the Mayor would like the following sections amended to make reference to the Mayor as a consultee:Clause 66 (1) (5)Clause 66 (1) (8)Clause 66 (1) (9) (a)Clause 66 (1) (9) (b); andClause 66 (1) (11) (a).
Clause 68: Crime & Disorder Reduction PartnershipsEnables CDRPs and DATs to be merged to simplify working relationships at the local level and to raise the National Drugs Strategy onto a statutory footing. In order to maintain the profile of treatment-related aspects of the Drugs Strategy and the significant contribution of health to the wider crime and disorder reduction agenda, Primary Care Trusts will be made responsible authorities for development and delivery of the wider crime reduction agenda. The Mayor is supportive of the Government's proposal to maintain the profile of treatment-related aspects of the Drugs Strategy and the significant contribution of health to the wider crime and disorder reduction agenda.However, the Mayor recommends that it should not be the sole remit of the Primary Care Trust to be the responsible authority for the development and delivery of the wider crime and drug-related harm reduction. Accordingly he proposes the following amendments:68 (2) (c) authorities responsible for strategies—insert "if the local government area is in England, every Primary Care Trust and every education authority, social services and housing authority within the local authority; the probation service and every prison the whole or any part of whose area so lies".68 (6) (ii) substitute with "a strategy for reducing drug related harm, consistent with the aims and objectives of the National Drugs Strategy".68 (8) (i) substitute levels and patterns of the misuse of drugs, with "levels and patterns of drug related harm".

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