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Policing and Crime Bill

I would like to ask the Minister how an organisation that is not subject to public scrutiny can set up a unit to monitor political and environmental groups. That question was raised by Henry Porter on Tuesday, 10 February, in the Guardian online. He referred to it as a "sinister unit"; I certainly do not do that. But it does encapsulate some of our concerns, which have been so well expressed by my noble friend and by the noble Baroness, Lady Hanham. ACPO is not governed by any statute; rather, it is a company limited by guarantee. It is not a staff association; it consists of members who are senior police officers in England, Wales and Northern Ireland. It has about 280 members. As we have heard, the Freedom of Information Act 2000 does not apply to it. The company’s objectives include leading and co-ordinating the direction and development of the police service and developing the ACPO brand—whatever that is. ACPO publishes advice and guidance on a wide range of policing issues and contributes decisions and comments to a wide range of contemporary debates. What is the constitutional role that ACPO plays? Is it an external reference group for Home Office Ministers? Is it a professional association protecting the interests of senior officers? Is it a public authority which issues guidance and good practice to local forces? Is it a national policing agency? Is it a campaigning pressure group arguing for greater police powers? These are questions that need answering before ACPO is given a statutory role, as it is under Clause 2. ACPO has already been included as a body that the Secretary of State must consult with before making particular orders or regulations. Is it time to reflect on the nature of ACPO and consider the appropriateness of involving it in decision-making processes? The Government have missed an opportunity properly to define the role of ACPO in the Bill. The constitutional role and make-up of ACPO has not been adequately debated and defined. Until that is done, it is impossible to know whether it is appropriate for a representative of ACPO to be consulted before any senior police appointments are made.