Police Reform Bill [Lords]

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Standing Committee A

Tuesday 11 June 2002

[Mr. George Stevenson in the Chair]

Police Reform Bill [Lords]

4.30 pm

The Chairman: Before we begin today's business, I wish to draw the attention of the Committee to an error on the amendment paper. New clause 8, which relates to part 1 of the Bill, has been printed on page 588. It should instead appear on page 549 after new clause 4, and that is the point at which it will be considered in accordance with the programme order agreed by the Committee.

Schedule 1

Powers of the Secretary of State in relation to NCIS and NCS

The Minister for Policing, Crime Reduction and Community Safety (Mr. John Denham): I beg to move amendment No. 131, in page 91, line 41, at end insert—

'Directions to Directors General

3A (1) After section 31 there shall be inserted—

''31A Power to give directions to Director General of NCIS

(1) This section applies where the Secretary of State (whether in consequence of an inspection report or otherwise) is satisfied—

(a) that the whole or any part of NCIS is, whether generally or in particular respects, not efficient or not effective; or

(b) that the whole or a part of NCIS will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.

(2) The Secretary of State may, after consultation with the Scottish Ministers, direct the Director General of NCIS to prepare and submit to the Secretary of State a plan ('an action plan') for taking remedial measures in relation to anything that the Secretary of State considers relevant to the matters as to which he is satisfied as mentioned in subsection (1).

(3) An action plan prepared in accordance of a direction under this section shall not relate to any matters other than those in relation to which functions fall to be discharged by the Director General of NCIS.

(4) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may, after consultation with the Scottish Ministers, direct the Director General of NCIS—

(a) to revise that plan in accordance with the directions of the Secretary of State; and

(b) to resubmit the plan to him with the required revisions;

and this subsection applies to a plan resubmitted to the Secretary of State as it applies to the plan initially submitted to him.

(5) On giving a direction under this section to the Director General of NCIS, the Secretary of State shall notify the NCIS Service Authority that he has given that direction.

(6) A direction under this section may impose time limits as to the submission or resubmission of an action plan to the Secretary of State.

(7) The provision that a direction under this section may require to be included in an action plan to be submitted or resubmitted to the Secretary of State includes—

(a) provision for the taking of such steps, and for the imposition of such performance targets, as may be specified by the Secretary of State;

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(b) provision for the time limits so specified to be applied to the taking of those steps and to the meeting of those targets;

(c) provision for the making of progress reports about the implementation of the action plan to the Secretary of State and to the NCIS Service Authority;

(d) provision as to the times at which, and the manner in which, any progress report is to be made; and

(e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State.

(8) Nothing in this section shall authorise the Secretary of State to direct the inclusion in an action plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.

(9) Before submitting or resubmitting an action plan to the Secretary of State in accordance with a direction under this section, the Director General of NCIS shall consult the NCIS Service Authority.

(10) In this section references, in relation to a case in which there is already an action plan in force, to the submission or resubmission of a plan to the Secretary of State include references to the submission or resubmission or revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.

(11) The Director General of NCIS shall comply with any direction given to him under this section.

(12) If the Secretary of State exercises his power to give a direction under this section—

(a) he shall prepare a report on his exercise of that power;

(b) he shall lay a copy of that report before Parliament; and

(c) he shall send a copy of that report to the Scottish Ministers.

(13) The Scottish Ministers shall lay any copy of a report sent to them under subsection (12) before the Scottish Parliament.

(14) A report under subsection (12)—

(a) shall be prepared at such time as the Secretary of State considers appropriate; and

(b) may relate to more than one exercise of the power mentioned in that subsection.

(15) In this section 'an inspection report' means a report under section 54 of the Police Act 1996 (c.16), section 33 of the Police (Scotland) Act 1967 (c.77) or section 41 of the Police (Northern Ireland) Act 1998 (c.32).''

(2) After section 76 there shall be inserted—

''76A Power to give directions to Director General of NCS

(1) This section applies where the Secretary of State (whether in consequence of a report under section 54 of the Police Act 1996 (c.16) or otherwise) is satisfied—

(a) that the whole or any part of the National Crime Squad is, whether generally or in particular respects, not efficient or not effective; or

(b) that the whole or a part of the National Crime Squad will cease to be efficient or effective, whether generally or in particular respects, unless remedial measures are taken.

(2) The Secretary of State may direct the Director General of the National Crime Squad to prepare and submit to the Secretary of State a plan ('an action plan') for taking remedial measures in relation to anything that the Secretary of State considers relevant to the matters as to which he is satisfied as mentioned in subsection (1).

(3) An action plan prepared in accordance of a direction under this section shall not relate to any matters other than those in relation to which functions fall to be discharged by the Director General of the National Crime Squad.

(4) On considering an action plan submitted to him in accordance with a direction under this section, the Secretary of State may direct the Director General of the National Crime Squad—

(a) to revise that plan in accordance with the directions of the Secretary of State; and

(b) to resubmit the plan to him with the required revisions;

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and this subsection applies to a plan resubmitted to the Secretary of State as it applies to the plan initially submitted to him.

(5) On giving a direction under this section to the Director General of the National Crime Squad, the Secretary of State shall notify the NCS Service Authority that he has given that direction.

(6) A direction under this section may impose time limits as to the submission or resubmission of an action plan to the Secretary of State.

(7) The provision that a direction under this section may require to be included in an action plan to be submitted or resubmitted to the Secretary of State includes—

(a) provision for the taking of such steps, and for the imposition of such performance targets, as may be specified by the Secretary of State;

(b) provision for the time limits so specified to be applied to the taking of those steps and to the meeting of those targets;

(c) provision for the making of progress reports about the implementation of the action plan to the Secretary of State and to the NCS Service Authority;

(d) provision as to the times at which, and the manner in which, any progress report is to be made; and

(e) provision for the duration of the plan and for it to cease to apply in the circumstances determined by the Secretary of State.

(8) Nothing in this section shall authorise the Secretary of State to direct the inclusion in an action of plan of any requirement to do or not to do anything in a particular case identified for the purposes of the requirement, or in relation to a particular person so identified.

(9) Before submitting or resubmitting an action plan to the Secretary of State in accordance with a direction under this section, the Director General of the National Crime Squad shall consult the NCS Service Authority.

(10) In this section references, in relation to a case in which there is already an action plan in force, to the submission or resubmission of a plan to the Secretary of State include references to the submission or resubmission or revisions of the existing plan; and the preceding provisions of this section shall have effect accordingly.

(11) The Director General of the National Crime Squad shall comply with any direction given to him under this section.

(12) If the Secretary of State exercises his power to give a direction under this section—

(a) he shall prepare a report on his exercise of that power; and

(b) he shall lay that report before Parliament.

(13) A report under subsection (12)—

(a) shall be prepared at such time as the Secretary of State considers appropriate; and

(b) may relate to more than one exercise of the power mentioned in that subsection.''

Procedure for giving directions

3B (1) After section 31A (which is inserted by paragraph 3A(1)) there shall be inserted—

''31B Procedure for giving directions by the Secretary of State

(1) The Secretary of State shall not give a direction under section 30 or 31A unless—

(a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;

(c) the NCIS Service Authority, in the case of a proposal for the giving of a direction under section 30, has had an opportunity

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of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary;

(d) the Director General of NCIS, in the case of a proposal for the giving of a direction under section 31A, has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(e) the Secretary of State has considered any such representations and any such proposals.

(2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 30 or 31A.

(3) Before making any regulations under this section, the Secretary of State shall consult with—

(a) the Scottish Ministers;

(b) the NCIS Service Authority;

(c) the Director General of NCIS;

(d) persons whom he considers to represent the interests of police authorities in England and Wales;

(e) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales; and

(f) such other persons as he thinks fit.

(4) Regulations under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

31C Procedure for giving directions by the Scottish Ministers

(1) The Scottish Ministers shall not give a direction under section 30 unless—

(a) the NCIS Service Authority and the Director General of NCIS have each been given such information about the Scottish Ministers' grounds for proposing to give that direction as they consider appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) the NCIS Service Authority and the Director General of NCIS have each been given an opportunity of making representations about those grounds;

(c) the NCIS Service Authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(d) the Scottish Ministers have considered any such representations and any such proposals.

(2) The Scottish Ministers may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by them under section 30.

(3) Before making any regulations under this section, the Scottish Ministers shall consult with—

(a) the Secretary of State;

(b) the NCIS Service Authority;

(c) the Director General of NCIS;

(d) persons whom they consider to represent the interests of police authorities in Scotland;

(e) persons whom they consider to represent the interests of chief constables of police forces in Scotland; and

(f) such other persons as they think fit.

(4) Regulations under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament.''

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(2) In section 45 (orders and regulations under Part 1), after ''Part'' there shall be inserted ''or of the Scottish Ministers to make regulations under this Part''.

(3) After section 76A (which is inserted by paragraph 3A(2)), there shall be inserted—

''76B Procedure for giving directions under sections 75 and 76A

(1) The Secretary of State shall not give a direction under section 75 or 76A unless—

(a) the NCS Service Authority and the Director General of the National Crime Squad have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection;

(b) the NCS Service Authority and the Director General of the National Crime Squad have each been given an opportunity of making representations about those grounds;

(c) the NCS Service Authority, in the case of a proposal for the giving of a direction under section 75, has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary;

(d) the Director General of the National Crime Squad, in the case of a proposal for the giving of a direction under section 76A, has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and

(e) the Secretary of State has considered any such representations and any such proposals.

(2) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where a proposal is made for the giving of a direction by him under section 75 or 76A.

(3) Before making any regulations under this section, the Secretary of State shall consult with—

(a) the NCS Service Authority;

(b) the Director General of the National Crime Squad;

(c) persons whom he considers to represent the interests of police authorities;

(d) persons whom he considers to represent the interests of chief officers of police; and

(e) such other persons as he thinks fit.

(4) Regulations under this section may make different provision for different cases and circumstances.

(5) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.''.'.

 

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Prepared 11 June 2002