House of Commons Hansard Debates for 5 Jul 1994

The Parliamentary Under-Secretary of State for the Home Department (Mr. Charles Wardle) : I beg to move, That the clause be read a Second time.

Madam Speaker : With this, it will be convenient to discuss Government amendments Nos. 39 to 42, 38 and 75.

Mr. Wardle : New clause 13 concerns secondary legislation that currently applies to police authorities. As the Bill amends the Police Act 1964, some existing references to police authorities in secondary legislation would cease to have effect. The new clause does not make any changes of substance, but simply allows existing secondary legislation to continue to apply to police authorities as they will be constituted under the Bill.

Government amendments Nos. 39 to 42, 38 and 75 are technical in nature, and I commend them to the House.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

New clause 14 --

Provision of advice and assistance to international organisations etc.

. After section 15 of the 1964 Act there shall be inserted "Provision of advice and assistance to international organisations etc

15A.--(1) Subject to the provisions of this section, a police authority may provide advice and assistance

(a) to an international organisation or institution, or

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(b) to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief officer of police for its area. (2) The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a member of the police force maintained by the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3) The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4) A consent or authorisation under subsection (3) of this section may be given subject to such conditions as the Secretary of State thinks fit.

(5) Nothing in this section authorises a police authority to provide any financial assistance by

(a) making a grant or loan,

(b) giving a guarantee or indemnity, or

(6) A police authority may make charges for advice or assistance provided by it under this section.

(7) In its application in relation to the metropolitan police this section shall apply

(a) as if the power conferred by subsection (1) were conferred on the Commissioner of Police of the Metropolis (and accordingly as if the references in subsections (1)(b) and (2) to a police authority were omitted), and

(b) as if in subsection (6) the reference to a police authority were a reference to the Receiver for the Metropolitan Police District.

(8) The provisions of this section are without prejudice to the Police (Overseas Service) Act 1945 and section 10 of the Overseas Development and Co-operation Act 1980.' -- [Mr. Charles Wardle.] Brought up, and read the First time.

Mr. Charles Wardle : I beg to move, That the clause be read a Second time.

Madam Speaker : With this, it will be convenient to discuss also the following : Government new clause 15-- Reports from police authorities .

Government new clause 16-- Police grant and other grants . Government new clause 17-- Regulations under section 33 of the 1964 Act.

Government amendments Nos. 34, 35, 24 to 29, 36, 37 and 30 to 33.

Mr. Wardle : The new clauses and consequential amendments deal with service overseas by British police officers. Their principal effect is to permit police officers from the United Kingdom to serve abroad not only with foreign Governments--which is already possible under existing legislation--but with international organisations such as the United Nations.

New clauses 14 and 15 relate to England and Wales, and new clauses 16 and 17 apply the same substantive provisions in Scotland. I commend them to the House.

Mr. David Trimble (Upper Bann) : If the Minister had spoken a little longer, I would have intervened. He said that the clauses would enable members of British police forces to serve overseas. Am I right in thinking that the clauses do not extend to the Royal Ulster Constabulary ? Are there any proposals to enable members of that force to serve overseas, because it has an enormous wealth of experience that many countries would find relevant ?

Mr. Charles Wardle : As I said, the new clauses apply to England, Wales and Scotland, but I understand that the provisions will extend to the Royal Ulster Constabulary.

Question put and agreed to.

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Clause read a Second time, and added to the Bill.

New clause 15 --

Police officers engaged on service outside their force

-- . After section 53B of the 1964 Act there shall be inserted "Police officers engaged on service outside their force 53C.--(1) For the purposes of this section "relevant service" means

(a) temporary service on which a person is engaged in accordance with arrangements made under section 15A(2) of this Act,

(b) central service (as defined in section 43(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

(c) service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d) service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e) service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2) In subsection (1) of this section "appropriate authority" has the same meaning as in section 43 of this Act.

(3) Subject to subsections (4) to (7) of this section, a member of a police force engaged on relevant service shall be treated as if he were not a member of that force during that service ; but, except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the Police Pensions Act 1976

(a) he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b) he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 33 of this Act fixing his rate of pay by reference to his length of service. (4) In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the Police (Overseas Service) Act 1945.

(5) A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force ; and in any such case

(a) the reference in paragraph (a) of subsection (3) of this section to the rank in which he was serving immediately before the period of relevant service began shall be construed as a reference to the rank to which he is promoted, and

(b) for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6) A member of a police force who

(a) has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section, or

(b) while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations made under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c) while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or is required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (3) of section 33 of this Act for anything

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done or omitted while he was engaged on that service as if that service had been service in his police force ; and section 37 of this Act shall apply accordingly.

(7) For the purposes of subsection (6) of this section a certificate certifying that a person has been dismissed, or required to resign as an alternative to dismissal, shall be evidence of the fact so certified, if

(a) in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or (b) in a case within paragraph (c) of that subsection, it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such other person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.' -- [Mr. Charles Wardle.]

Brought up, read the First and Second time, and added to the Bill.

New clause 16 --

Provision of advice and assistance to international organisations etc., Scotland

. After section 12 of the 1967 Act there shall be inserted "Provision of advice and assistance to international organisations etc

12A.--(1) Subject to the provisions of this section, a police authority may provide advice and assistance

(a) to an international organisation or institution, or (b) to any other person or body which is engaged outside the United Kingdom in the carrying on of activities similar to any carried on by the authority or the chief constable of a force maintained by it. (2) The power conferred on a police authority by subsection (1) of this section includes a power to make arrangements under which a constable of the force maintained for the area of the authority is engaged for a period of temporary service with a person or body within paragraph (a) or (b) of that subsection.

(3) The power conferred by subsection (1) of this section shall not be exercised except with the consent of the Secretary of State or in accordance with a general authorisation given by him.

(4) A consent or authorisation under subsection (3) above may be given subject to such conditions as the Secretary of State thinks fit.

(5) Nothing in this section authorises a police authority to provide any financial assistance by

(a) making a grant or loan,

(b) giving a guarantee or indemnity, or

(6) A police authority may make charges for advice and assistance provided by it under this section.

(7) The provisions of this section are without prejudice to the Police (Overseas Service) Act 1945 and section 10 of the Overseas Development and Co-Operation Act 1980.".' -- [Lord James Douglas-Hamilton.]

Brought up, read the First and Second time, and added to the Bill.

New clause 17 --

Constables engaged on service outside their force

-- . After section 38 of the 1967 Act there shall be inserted "Constables engaged on service outside their force

38A.--(1) For the purposes of this section "relevant service" means

(a) temporary service on which a person is engaged in accordance with arrangements made under section 12A(2) of this Act,

(b) central service (as defined by section 38(5) of this Act) on which a person is engaged with the consent of the appropriate authority,

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(c) service the expenses of which are payable under section 1(1) of the Police (Overseas Service) Act 1945, on which a person is engaged with the consent of the appropriate authority,

(d) service in the Royal Ulster Constabulary, on which a person is engaged with the consent of the Secretary of State and the appropriate authority, or

(e) service pursuant to an appointment under section 10 of the Overseas Development and Co-operation Act 1980, on which a person is engaged with the consent of the appropriate authority.

(2) In subsection (1) of this section "appropriate authority" has the same meaning as in section 38 of this Act.

(3) Subject to subsections (4) to (7) of this section, a constable of a police force engaged on relevant service shall be treated as if he were not a constable of that force during that service ; but except where a pension, allowance or gratuity becomes payable to him out of money provided by Parliament by virtue of regulations made under the Police Pensions Act 1976

(a) he shall be entitled at the end of the period of relevant service to revert to his police force in the rank in which he was serving immediately before the period began, and

(b) he shall be treated as if he had been serving in that force during the period of relevant service for the purposes of any scale prescribed by or under regulations made under section 26 of this Act fixing his rate of pay by reference to his length of service. (4) In the case of relevant service to which subsection (1)(c) of this section refers, the reference in subsection (3) of this section to regulations made under the Police Pensions Act 1976 shall be read as including a reference to regulations made under section 1 of the Police (Overseas Service) Act 1945.

(5) A person may, when engaged on relevant service, be promoted in his police force as if he were serving in that force ; and in any such case

(b) for the purposes mentioned in paragraph (b) of that subsection he shall be treated as having served in that rank from the time of his promotion.

(6) A constable who

(a) has completed a period of relevant service within paragraph (a), (b) or (e) of subsection (1) of this section,

(b) while engaged on relevant service within paragraph (c) of that subsection, is dismissed from that service by the disciplinary authority established by regulations under section 1 of the Police (Overseas Service) Act 1945 or is required to resign as an alternative to dismissal, or

(c) while engaged on relevant service within paragraph (d) of that subsection, is dismissed from that service or required to resign as an alternative to dismissal,

may be dealt with under regulations made in accordance with subsection (2A) of section 26 of this Act for anything done or omitted while he was engaged on that service as if that service had been service in his police force ; and section 30 of this Act shall apply accordingly.

(a) in a case within paragraph (b) of that subsection, it is given by the disciplinary authority referred to in that paragraph, or (b) in a case within paragraph (c) of that subsection it is given by or on behalf of the Chief Constable of the Royal Ulster Constabulary, or such person or authority as may be designated for the purposes of this subsection by order of the Secretary of State.'. -- [Mr. Charles Wardle.]

Brought up, read the First and Second time, and added to the Bill.

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New clause 22 --

Delegation of functions of Scottish police authority

-- . In section 63 of the Local Government (Scotland) Act 1973 (arrangements as to police authority functions etc.), after subsection (2) there shall be inserted

"(2A) The officers who may discharge functions of a police authority in pursuance of arrangements under section 56(1) or (2) of this Act shall include the chief constable of the police force. (2B) Where, pursuant to arrangements made by virtue of subsection (2A) above, a chief constable may discharge functions of a police authority, he may himself arrange for the discharge of any of the functions in question by a constable of the police force or by a person who is employed by the authority but is not under their direction and control.".'.-- [Lord James Douglas-Hamilton.]

Brought up, and read the First time.

The Parliamentary Under-Secretary of State for Scotland (Lord James Douglas-Hamilton) : I beg to move, That the clause be read a Second time.

Madam Speaker : With this, it will be convenient to discuss also Government amendment No. 70.

Lord James Douglas-Hamilton : The clause clarifies the power of police authorities to delegate functions to the chief constable. It will also allow a chief constable to delegate responsibility to police officers or civilian staff where a function has been delegated to him by the police authority. The reason for the amendment is to allow maximum devolution of management responsibility for his force to the chief constable. That is an important aspect of the Government's policy on police reform. A similar amendment on delegation of functions by chief constables in England and Wales was passed in Committee. The amendment to clause 46 is consequential. The provisions will be permissive, not mandatory. Decisions on delegation will be matters for police authorities and chief constables. We will issue guidance on delegation on financial management after appropriate consultation.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

New clause 1 --

Local partnerships to promote crime prevention

-- After section 1 of the 1964 Act there shall be inserted

"Local partnerships to promote crime prevention

1A.--(1) It shall be the duty of every police authority to facilitate the crime prevention activities of a local authority in its area.

(2) It shall be the duty of every local authority in a police area

(a) to take reasonable steps to prevent the commission of crime ; (b) in consultation with the police authority, the chief officer of police and the chief probation officer of the area which includes the local authority and with such other organisations as the local authority shall see fit, to publish together with the police authority a joint strategy for the prevention of crime ;

(c) together with the police authority to promote the active involvement of local residents and voluntary organisations in understanding the incidence of crime in their own community and the design and the local implementation of joint strategy ; and (d) to review and publish annually with the police authority a report on the strategy and the extent to which its objectives are being achieved.

(3) In this section local authority' shall mean a county council, a district council or a London borough council.".'. -- [Mr. Blair.]

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Brought up, and read the First time.

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