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Lord Falconer of Thoroton moved Amendments Nos. 118 to 124:



    Page 14, line 15, leave out ("the Board's") and insert ("a").


    Page 14, line 19, leave out ("an order under section 28(1)") and insert ("the requirements of section 28").


    Page 14, line 19, at end insert--


("(bb) stating whether he believes that the performance indicators and performance standards, so far as relating to the functions of the Chief Constable, are reasonable and, if appropriate, recommending changes to those performance indicators or performance standards;").


    Page 14, line 21, leave out ("an order under section 28(1)") and insert ("the requirements of section 28").


    Page 14, line 30, leave out ("published by the Board").


    Page 14, line 31, leave out subsection (7) and insert--


("(7) Subsections (7A) to (7C) apply if the Board receives a report which contains a recommendation made under paragraph (bb), (c) or (d) of subsection (4).
(7A) Within the period of one month beginning on the day on which it receives the report, the Board shall prepare a statement.
(7B) The Board shall consult the Chief Constable about the report and the statement it is required to prepare under subsection (7A).
(7C) The Board shall, without delay, submit the statement it has prepared to the Secretary of State and the Comptroller and Auditor General.
(7D) The statement shall--
(a) specify the action, if any, which the Board, or the Chief Constable, intend to take as a result of the report;
(b) contain a summary of the result of the consultation required by subsection (7B).").

On Question, amendments agreed to.

Baroness Harris of Richmond moved Amendment No. 125:


    Page 14, line 38, leave out subsection (8).

On Question, amendment agreed to.

Clause 29, as amended, agreed to.

Clause 30 [Examinations]:

Lord Falconer of Thoroton moved Amendment No. 126:


    Page 14, line 42, leave out ("or the Chief Constable's").

The noble and learned Lord said: In moving this amendment, I shall speak also to Amendments Nos. 127 to 135. Those are consequential upon the changes to Clause 28. They remove references to the Secretary of State's order-making power and to that of the Chief Constable. Those references are no longer required in the light of the changes to Clause 28. Clause 30 continues to provide for examinations of the board's

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delivery of best value by the Comptroller and Auditor-General and HM Inspectorate of Constabulary. I beg to move.

Lord Cope of Berkeley: Perhaps I may point out that taking out the words "or the Chief Constable" from this section of the Comptroller and Auditor-General's duties seems to me to lend weight to the suggestion that I made in relation to the previous grouping that the Comptroller and Auditor-General might look at the functions of the board as well as those of the Chief Constable. Here, he has been cut out from looking at the chief constables and made to look at the boards. In the previous grouping, it was entirely the other way round.

Lord Falconer of Thoroton: I think I indicated that on the face of it, the point appeared to be a good one; that I would consider it and come back to it later on Report.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 127 to 135:


    Page 14, line 43, leave out ("an order under section 28(1)") and insert ("section 28").


    Page 15, line 2, leave out ("or the Chief Constable's").


    Page 15, line 3, leave out ("an order under section 28(1)") and insert ("section 28").


    Page 15, line 17, leave out ("or the Chief Constable").


    Page 15, line 18, leave out ("an order under section 28(1)") and insert ("section 28").


    Page 15, line 25, at end insert--


("( ) The Comptroller and Auditor General shall lay copies of every report under this section before each House of Parliament.").


    Page 15, line 30, leave out ("or the Chief Constable's").


    Page 15, line 31, leave out ("any provision of an order under section 28(1)") and insert ("section 28").


    Page 15, line 35, at end insert ("as the Secretary of State may from time to time direct").

On Question, amendments agreed to.

Clause 30, as amended, agreed to.

Clause 31 [Enforcement of duties under section 28]:

The Chairman of Committees: Before calling Amendment No. 136, I must inform the Committee that, if that amendment is agreed to, I cannot call Amendments Nos. 137 to 139.

Lord Falconer of Thoroton moved Amendment No. 136:


    Page 15, line 41, leave out from ("State") to end of line 3 on page 16 and insert ("has received a report under section 29(4) or 30(5) of this Act, or section 41(4) of the 1998 Act, and he is satisfied that--


(a) the Board is failing to comply with the requirements of section 28; or
(b) it is appropriate to change performance indicators or performance standards contained in a performance plan, so far as relating to the functions of the Chief Constable.

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(2) Subject to subsection (3), the Secretary of State may direct the Board--
(a) to take any action which he considers necessary or expedient to secure compliance with the requirement of section 28; or
(b) to make such changes to the performance indicators or performance standards mentioned in subsection (1)(b) as he considers appropriate.").

The noble and learned Lord said: There has been some confusion on the Marshalled List. I do not wish to be associated with Amendments 137 and 144, which are tabled in my name, though the government amendments achieve the same effect as these amendments. I wish it to be clear that I now move Amendment No. 136 and later shall move Amendments Nos. 140 to 143 inclusive, and Amendment No. 240, all of which are tabled in my name alone. I invite noble Lords to withdraw the other amendments in this group.

We have already covered this ground in general terms under Clause 28. Many of the changes to Clause 31 are consequent upon the changes to Clause 28. The clause provides for the Secretary of State's default role should the board fail in its duty to secure best value for its own and police resources. If the Secretary of State receives an adverse report from the Comptroller and Auditor-General, he will be able to take action to direct the board to take measures to secure best value.

This is a strong power but it is only triggered following independent professional scrutiny. As the Secretary of State provides 100 per cent of the £650 million it takes to run policing in Northern Ireland each year, that is hardly an unreasonable power. I beg to move.

Baroness Harris of Richmond: I hear what the noble and learned Lord says. Nevertheless, I have to press this and put down a marker about the content of Amendment No. 136 in the name of the noble and learned Lord. It follows on from the concerns I expressed earlier about Amendment No. 121. I still do not understand why the Secretary of State is giving himself power to change the board's indicators and targets. We would oppose the move. I would welcome further discussions with the Minister, as he has promised, before Report.

Lord Cope of Berkeley: I was a little confused as to where we had reached. Clause 31 states:


    "Subsection (2) applies if the Secretary of State is satisfied that the Board or the Chief Constable is failing to comply with the requirements of any provision of an order under section 28(1)".

However, I thought that, under Amendment No. 111, we had knocked out the order. That amendment deleted the words from page 13, line 9:


    "such arrangements as the Secretary of State may by order specify".

It seems to me that the drafting has slipped a little. Perhaps I have missed something. However, I thought it worth drawing this to the attention of the Minister.

Lord Falconer of Thoroton: The point made by the noble Lord, Lord Cope, on my Amendment No. 121

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about not referring to the board seemed a good one. At present I am not in a position to answer it. It may or may not be a good point in relation to the drafting. Perhaps I may undertake to write to the noble Lord. If the point is a good one so far as concerns the drafting, we shall obviously return to it on Report.

The noble Baroness, Lady Harris, asked why the Secretary of State has the power to amend the targets. As I have explained, the Secretary of State provides 100 per cent of the funding. However, that may be a matter which we can explore in a meeting between Committee and Report.

On Question, amendment agreed to.

[Amendments Nos. 137 to 139 not moved.]

Lord Falconer of Thoroton moved Amendments Nos. 140 to 143:


    Page 16, line 5, leave out ("subsection (4)(d)") and insert ("paragraph (bb), (c) or (d) of subsection (4)").


    Page 16, line 6, leave out ("received by him under subsection (7)(b)") and insert ("submitted to him under subsection (7C)").


    Page 16, line 8, leave out ("subsection (7)(a)") and insert ("subsection (7A)").


    Page 16, line 9, leave out subsections (4) to (6).

On Question, amendments agreed to.

[Amendment No. 144 not moved.]

Clause 31, as amended, agreed to.

Clause 32 [General functions of the police]:


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