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Proceeding contribution from Douglas Carswell (Conservative) in the House of Commons on Monday, 19 January 2009. It occurred during Debate on bill on Policing and Crime Bill.


Policing and Crime Bill

I am deeply disappointed that the Bill does not contain measures that would genuinely give local people a say over policing where they live. Clause 1 will impose a statutory requirement for police authorities to take into account the public's views on crime and policing. That is a far cry from having directly elected police authorities—an idea that Ministers were toying with. Let us imagine that Parliament had a statutory requirement to take into account the views of the electorate instead of holding elections to decide who sits here. That is the difference between what the Green Paper promised and what is in the Bill. It is difficult to see how clause 1 will lead to much change. It certainly does not enable local people to hold a single individual to account for how effectively, or otherwise, their community is policed. Rather than empower local people, clause 2 does the precise opposite. Instead of the people deciding who runs the police, the decision will be left to yet another quango—the police senior appointments panel, whose members will be appointed centrally by the Home Secretary. It is not merely that the Bill is not localist; it is centralising. Clauses 10 to 12 further diminish the local discretion of local police forces. Rather than allow locally accountable police forces freedom to run their affairs, the Bill extends the power of Home Office officials to micro-manage local police practice and procedure. The system of police accountability that we have today is a product of the tripartite system established under the Police Act 1964, and of its steady erosion under Governments of both parties in the years since. Police authorities, which are supposed to represent and supervise the police, have become weak, ineffectual and subject to the whim of Home Office target setters. Far from being vehicles for democratic scrutiny, local police authorities are all too often anonymous quangos made up of local worthies. Few people know that their police authority even exists, let alone who sits on it. The Chairman of the Home Affairs Committee, the right hon. Member for Leicester, East (Keith Vaz), seemed to imply that that was somehow a shortcoming of the people. In fact, it shows what is inevitable when police authorities are appointed rather than elected. Far from holding chief constables to account, police authority members all too often see it as their job to support their chief constable when there are attacks on his or her performance. Chief constables certainly do not seem to regard police authorities as bodies that exist to set their agendas or priorities. Do not take my word for it; take the word of former chief constable Andy Hayman, writing in The Times:"““When I was a chief constable, I regularly called my police authority chairman to appraise him of sensitive operations. He would occasionally seek clarification but the last thing I expected was for him to question…whether the operation was appropriate.””" Thus to some chief constables, even to be questioned by the people's representatives is objectionable. Police authorities are a great forum in which to have tea and biscuits with the chief constable; they are not the forum for setting out, in no uncertain terms, what the local community expects of their police. I use the term ““their police”” deliberately, because as Robert Peel understood,"““The police are the public and the public are the police””." Without proper local accountability and local democratic legitimacy, the police are increasingly losing the confidence of the public. Without local accountability, there is less local legitimacy, and there is alienation between the police and the public. Again, do not take my word for it; take the word of the Government's own Home Office adviser, Louise Casey. She recently spoke of the collapse of trust in the criminal justice system. The Government's former respect tsar is right to be concerned about surveys that show that only one third of people still have great confidence in the police. Conspicuously absent from the Bill are measures to allow for direct election to police authorities. Bold reform and localism have been defeated by the Sir Humphrey Appleby types. On 18 December, in the pages of The Guardian rather than in this House, the Home Secretary revealed that plans to make the police more accountable to local communities through direct elections had been abandoned owing to pressure from senior officers. Also cited were fears of local police falling under the control of political extremists or single-issue campaigners. Ten seconds of reflection show that it is nonsense to argue that we cannot have directly elected police chiefs for fear of the British National party. Surely that is an argument against electing people to run local councils—or, indeed, against elections to Parliament. People could vote for extremists, but overwhelmingly they do not. As for the fear that a single-issue group might take control, do we mean single-issue groups such as those that want to lower crime, or groups of citizens who want a more robust approach to crime and violence where they live? I do not think that the Home Secretary really believes that those are valid reasons for not having elected police chiefs. I believe that she has bottled it because she has been lobbied by powerful vested interests—by the Association of Chief Police Officers, the Local Government Association and the Association of Police Authorities. Indeed, I believe that one of her predecessors as Home Secretary, the right hon. Member for Sheffield, Brightside (Mr. Blunkett), said as much in an earlier question. We know that the Association of Police Authorities has used public money and part of its Home Office funding to engage a lobbyist to lobby the Home Office. Thus does the quango state use public money to lobby itself. So much for the LGA's belief in localism. Others suggest that policing needs to be left to the experts—the same experts, presumably, who presided over a massive hike in crime and violence, and who for years told us that high-visibility policing was a waste of resources. We all like the idea of the expert—the disinterested technocrat who can rise above the pressures of demagogic politics. The trouble is that no such person exists. If by the ““expert”” we mean someone who has spent their whole life and career in a particular profession, those are the last people we should put in charge of invigilating the measure. It is precisely the demand that we should let the professionals get on with things that has brought us to the present pass. Leaving things to the experts was what we did with child protection in Haringey. In lobbying against localism, the Association of Chief Police Officers, the Local Government Association and police authorities argued that directly elected police chiefs would politicise the police, yet it would be perfectly possible to have directly elected justice commissioners, for example, overseeing local police without compromising in any way local forces' operational independence. Saying that policing would be politicised by the direct election of police authorities ignores the fact that in a democratic free society, the way in which we are policed is a matter that should be subject to democratic control. If it is not, why on earth do we talk about policing in our election manifestos? Policing has gradually become politicised, yet our political process and system has not adapted or kept pace to allow democratic scrutiny of matters that should be decided by local people. There has been no shortage in the Chamber of Home Secretaries or Ministers talking about the need to make our criminal justice system work, or of Westminster insiders talking about the need to be tough on crime. The trouble is, talk is all that it is. Without the direct election of police authorities, those whom we elect remain powerless to fight crime. We can fight elections with lots of talk about fighting crime, but unless we have directly elected justice commissioners, policing will remain almost entirely beyond democratic control. Faced with yet more ritualistic promises, round about the time of an election, of more police and more action on law and order, but never seeing much change, it is no surprise that more and more voters have given up on the whole charade. Instead of real accountability, the Home Office has talked the language of localism but has applied corporatism. Crime and disorder partnerships and community panels are bogus measures that are really examples of corporatism. We need local democratic control. Policing is already politicised. Police chiefs lobbied me in the House about identity cards, and they lobbied us about 42-day detention. The other week, at the instigation of Home Office officials, they arrested a member of the Opposition for revealing truths about immigration that the Government wanted to keep under wraps. The issue is not ““Do we politicise policing?”” but whether there is to be any democratic accountability of policing and whether the police remain under the control of the quango state. This Bill entrenches the power of the quangos.


Secondary information

Type
Proceeding contribution
Reference
486 c576-9 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Children Codes of practice Accountability Crime prevention Crime Alcoholic drinks Crimes of violence Cannabis Assets Anti-social behaviour Licensing Drugs Human trafficking Police Powers Public appointments Public places Misuse Police authorities Prices Prostitution Sales Young people Sexual offences Supermarkets Sex establishments Detection rates
Legislation
Policing and Crime Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk