There was a debate today in the House of Lords on the challenges to the police service of the new system of electing Police and Crime Commissioners (PCCs).  I posted about it yesterday on the Labour Lords blog.

In my speech I talked about the experience in London of effectively having the new system since January with the (unelected) Deputy Mayor for Policing and Crime acting as a quasi-PCC, saying:

“London has already shown up some of the problems. The first is a lack of transparency. Information about the operation of the police service or about key financial decisions that was previously made available in published police authority committee papers is no longer available or is available only in very abbreviated form. The second is the lack of visible answerability of senior police officers. A few weeks ago, the new deputy mayor for policing and crime instructed Bernard Hogan-Howe, the commissioner of the Metropolitan Police, not to attend the London Assembly’s police and crime committee eight minutes before the meeting was due to begin.

The third problem is that the deputy mayor has to act on his or her own, as PCCs will have to do. As the current incumbent has commented to me, he does not have what he calls the “band width” to address all the topics that the public might expect him to pursue. It is simply impossible for one person to do so. When I chaired the police authority in London, I had 22 members to whom I could delegate matters. Those 22 members could also keep an eye on me, which meant that capricious decisions could not be taken. But the Government, in their wisdom, have declined to provide a standards framework in which PCCs or their equivalents in London should operate. The Government seem to believe that having police and crime panels will be a sufficient safeguard against misconduct.

However, the money being made available for the servicing of these panels outside London is to be just £53,000 per year, which is barely enough to cover the cost of one member of staff who has to co-ordinate the work of and support a disparate group of local councillors drawn from up to a dozen or more different local authorities. Even in London where the police and crime committee of the London Assembly has been better resourced and the 12 members all know and work with each other on a regular basis, it has struggled to get the answers that it wants. There is the potential for problems and inappropriate interventions in operational matters.”

I then went on to pose some questions about Mayoral behaviour:

“Will the Minister tell us whether he regards it as appropriate that an elected PCC should be regularly briefed about the course of a policing operation and should then, almost as a matter of routine, have contact with those who are subject to that operation, and, what is more, then fail to disclose that those contacts have taken place? Perhaps your Lordships will think that such a scenario is far fetched but I have to say that it is not. On 10 January last year, the Mayor of London was briefed by Assistant Commissioner Yates. The mayor later told the London Assembly that he could not remember the briefing in detail but acknowledged that it may well have been about Operation Weeting, the investigation into phone hacking at News International. Four days later he had lunch with Rebekah Brooks and 10 days after that he had dinner with Rupert Murdoch at his London home. Neither of those two meetings was disclosed in the published mayoral diary and they were omitted, initially at least, from the list of contacts with News International that was requested by the London Assembly. There were further briefings from John Yates on 21 April and 3 May. Remarkably, days later, the mayor had more initially undisclosed contacts with News International, including a telephone call with James Murdoch on 6 May and, five days later, with the News International lobbyist, Frederic Michel. I could go on. I have a long list of meetings and contacts.

At the same time, the mayor’s deputy was raising, in an ostensibly jocular way, concerns that too many detectives were involved in investigating phone hacking, so much so that assistant commissioner Dick had to remind him, as she disclosed to the Leveson inquiry, that operational policing decisions were a matter for senior police officers, not elected politicians. The Mayor of London has form for this sort of thing. In February 2009, an investigation was conducted by Jonathan Goolden, a solicitor, at the request of the monitoring officers of the GLA and the MPA—roles that will not exist as far as PCCs are concerned—into the behaviour of the Mayor of London in contacting Damian Green MP at the time of his arrest on suspicion of involvement in breaches of the Official Secrets Act. Mr Goolden found that the mayor’s action in contacting a potential suspect in a criminal investigation was “extraordinary and unwise”. These contacts followed briefings that the mayor had been given about the case.”

Suffice it to say when the Minister, Lord Taylor of Holbeach, replied he chose not to address the question of the behaviour of the Mayor of London, saying merely:

“As this House will know, the police and crime panels—the PCPs—will also form a key check and balance in the model. As a result of amendments that this House argued for, PCPs will both challenge and support PCCs in making good their important role. This balance was emphasised by the noble Lord, Lord Harris of Haringey, who has enormous experience on this matter.”

Was I surprised at the non-answer? Well no – defending Boris Johnson’s behaviour would probably be a career-limiting move for a member of the Government …

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