Select Committee on Welsh Affairs Minutes of Evidence


Examination of Witnesses (Questions 280-296)

24 NOVEMBER 2004

Mr Stephen Rimmer, Ms Louise Casey, and Ms Margaret O'Mara

  Q280 Mrs Williams: Do you think it should be?

  Ms O'Mara: You are drawing me into difficult territory. I do not think the Home Secretary would say it should be. In terms of taking an holistic view, you are absolutely right. We would say that the holistic view can be taken actually at partnership level. It is quite interesting in certain areas, one area in particular, if I might turn to what we are doing. We have a Home Office initiative to deal with prolific and other priority offenders; this is picking out the individuals whom the localities think are a real problem in those areas. If you can target those individuals, you can reduce crime very quickly and those are the people who are a real nuisance and real concern to the localities. Now, very interestingly, we put out guidance on that; when we put out guidance to community safety partnerships in Wales our Welsh colleague said that we had to be very careful about this because there are certain responsibilities in Wales, there are various strands to this, not just catching and convicting people, but prevention. What are we doing to prevent and deter? A lot of those responsibilities are not responsibilities of Whitehall, they are responsibilities of the National Assembly. We have to work very closely in that sort of way to make sure that we are not cutting across what is being done. In practice in many of these areas we are all working in the same direction; it is not that we are going in the wrong direction. Just as with Louise's issues on anti-social behaviour; a lot of that is National Assembly responsibility, but actually what we are trying to achieve is the same thing as I believe the National Assembly want to achieve.

  Q281 Mrs Williams: Magistrates however are local, what if magistrates do not comply with your wishes?

  Ms O'Mara: I am not responsible fortunately for the magistrates, because that is the DCA.

  Q282 Mrs Williams: Yes, but in terms of the partnership approach, is it not? What I asked earlier, about inter-departmental and your links?

  Ms Casey: We ought to be clear that magistrates at the end of the day are independent; they are part of the judiciary. How they act in court and reach their decisions is entirely a matter for them. Having said that, I think the sort of joining up of the Department for Constitutional Affairs and the Crown Prosecution Service around certain issues where, for example—I am going slightly beyond anti-social behaviour—the community safety partnership decides to run a three-month campaign to tackle . . . I was talking to Manchester yesterday and they are going to run a three-month campaign from February next year and they are already involving the senior court clerk locally as well as the Crown Prosecution Service prosecutor, as well as the community safety partnership, normal people and the community. So everybody knows when the time comes what is going to happen. A court will open which will process those particular cases during the course of that three-month campaign. We cannot effect what they do in court. The DCA can set guidelines, they can set training schemes, they can work with the court service to empower a magistrate to know what they are doing and all that sort of stuff, but at the end of the day the court decisions they make, as you are aware, are their own really.

  Mr Rimmer: Plus of course the four local criminal justice boards and I think you are getting evidence from some of them later on. Certainly from the Home Office perspective, those boards have developed significantly in developing much stronger links between the key agencies and the sentencing community.

  Q283 Mrs Williams: Do you agree that the performance targets will be different from the police performance targets? If you agree, will this help or hinder the effective role of the police in partnerships?

  Ms O'Mara: This is a subject on which we have had a lot of representations.

  Q284 Mrs Williams: That is why I am asking the question.

  Ms O'Mara: I am sure you have heard it from the police too. I do not think it is a problem. We have been very careful to try to take everybody with us because we understood that the police were concerned about this. One of the points to which Stephen was referring earlier was the involvement of the police authorities in this process. We have encouraged every regional director, and that will be true of the director in Wales too, when they are having their negotiating meetings with the local partnerships, to invite to that meeting the local borough commander—in practice I think the police would always have been there in the past anyway, but we are making that quite explicit—and also, as you will be aware, a member of the police authority sits on the partnerships and we have said that the police authority also ought to be represented at those meeting because they are in a position to align what is happening with the police target and with the target for the partnership. We are also conscious that you can be setting plenty of targets at borough, BCU level, but those have to add up sensibly in terms of the force level targets. So the regional directors also ensure that they hold meetings and invite to those meeting the Chief Constable, the chair of the Police Authority and the chair of the CDRPs, or in Wales the community safety partnerships, for each force area and they can have a discussion as to whether there is any conflict between them. In practice, we do not think there is going to be a great deal of conflict, because they are all working in the same direction. The issue, as I understand it, certainly in terms of our police performance assessment framework and so on, is that the targets which are being set there are targets about improving police performance in relation to what is happening to the average and we are looking at a slightly different thing in terms of the community partnerships' targets. We just have to make sure that people understand that we are talking about slightly different things. Certainly, having had that discussion, and we have had it also in the Home Office's crime reduction delivery board, with the police, with ACPO there, with representatives of a large number of others, we have had representative from government offices there too, we think we have come to an agreement now and people are much more relaxed about what we are doing and not seeing that we are cutting across, because it is in nobody's interest to do that.

  Q285 Mrs Williams: Please correct me if I am wrong, but our understanding is that currently the police standards unit, the HMIC and other central policing units have relatively little contact with those responsible for partnership performance in the Home Office.

  Ms O'Mara: No; I am delighted to say you are absolutely wrong. We have been working extremely closely. I have to admit that I do not think this has always been the case, so you are right in that sense, but we are working very closely together now.

  Q286 Mrs Williams: I was going on to ask you, if that was the right assumption, how closely integrated the monitoring of partnership and police performance will be.

  Mr Rimmer: It goes back to what we were saying earlier, that it would be a legitimate criticism of the way in which the Home Office dealt in silos, as I called them earlier, between crime and police performance in the past that we did tend not to get this alignment around police performance and partnership performance. I would say that for between nine months and a year, but certainly particularly in the last six months or so, we have integrated both in terms of the people with shared responsibilities for this, the data sets that we are looking at, the overall strategy by which we are seeking to get alignment and what matters about all that is that it gets played out to forces and partnerships in a coherent fashion. Frankly, having been in the role that I have been in for some time now, if we were not getting this demonstrably more joined up, we would seriously have heard a lot more about it from both the policing and the partnership end. It does not take much to get either of them wound up about what they see as Home Office mixed messages and incoherence on this and, because of the processes that Margaret has described, we are on a much sounder footing than we have ever been before.

  Ms O'Mara: May I just add that one of the ways in which we have had a lot of help from our colleagues on the policing side is in terms of what you actually do when something is going wrong because it is not very straightforward. We can monitor this and we can see figures going in the wrong direction and then wonder what on earth it is that we should be doing. We can talk to the staff in government offices, in Welsh Assembly government and ask what they are doing about it, people can draw up plans, but where do you go from there? We have had a lot of help from our colleagues in the police standards unit who have been thinking about the sort of intervention that they are working with individual police forces and seeing how they can build on that in terms of dealing with partnerships, of whom of course the police are a key partner and how they can adopt the right kind of approach and the right kind of help to people when there are real problems out there. We have had real help in that way. Equally, we have been working very closely with our colleagues in the police standards unit in terms of all our efforts to deal with alcohol-related violence. You will have seen lots of talk about the alcohol misuse enforcement campaign no doubt and that again has been taken forward with them. We are working very closely with them in terms of what is happening on violent crime where Cardiff will be one of the areas where we are really trying to target action starting this month. We have a number of areas, BCU, CDRP and community safety partnership areas where they have particular problems with violent crime. It is not their fault, often they are tackling it very well, but what more can we do from the Home Office to help there, working very closely with colleagues on the policing side to make sure that the kind of approach that we have there is joined up and not in silos. You are absolutely right, I was joking in a sense, that it was like that before and I really, really do believe that we are improving.

  Q287 Mr Caton: Going back to the Home Office director for Wales, I think from what you described that the recognition of the existence of the National Assembly and its relationship with the partners has led you in the appointment of the new director to have a different structure and a recognition of the need for a different sort of relationship. Having said that, is the practical role of the Home Office director for Wales different from that of the directors in England?

  Ms O'Mara: There will be differences in future because the Home Office director in future—and I am talking about the future because it has not happened yet—will, for instance, have no responsibility for drugs whereas at the moment the Home Office director in Wales does have a responsibility for drugs but working up a different chain. So in future there will be a difference. At the moment, they cover much the same sort of area, though even in England Home Office directors cover different things: some cover community cohesion, some do not, that is probably the biggest one that is different within England, let alone what happens in Wales.

  Q288 Mr Caton: I guess we think of the Home Office director as the Home Office's person in Wales.

  Ms O'Mara: He is not just that.

  Q289 Mr Caton: Is there any sense that he or she is Wales's person in the Home Office? Do they have any input into policing policy or crime policy?

  Ms O'Mara: They all have input. It is quite interesting in terms of how we are trying to work increasingly closely with the government offices, again across England and Wales, that each of them now has a kind of lead responsibility. We have one Home Office regional director who is the lead responsibly on violent crime for instance, somebody else on prolific offenders. In terms of Welsh issues, it is the Home Office director in Wales who is responsible for that. It is feeding back to us, saying "Look, actually we're doing this better in Wales" which is often the case "Why don't you think about doing it this way" or, equally, "You must modify your policy because it is not actually hitting the right spot in Wales". I hope that we are open to that and increasingly so, but in a sense we are reliant on that message coming back to us, as well as messages we are trying to put out.

  Q290 Chairman: Taking it a bit further. From the Home Office point of view, have you seen any changes in the context and the way that policing is delivered in Wales since the Assembly came into being?

  Mr Rimmer: We are very conscious that the four chiefs have a developing set of relationships, both individually with their forces and their authorities and collectively as a group; this splendid acronym "WACPO", which I like. We are actually, partly for reasons already covered by Margaret in terms of getting that degree of engagement with a significant part of the national landscape, very supportive of that approach. We do not see any difficulties around that, as long as the parameters from the Home Secretary's perspective, in terms of his responsibilities for policing in the context of the full Welsh force, is understood. I was trying to think in the context of the earlier question around the impact of directors. This is true of chief constables in a number of contexts, but when you have chiefs of the calibre of the four in Wales, who are dealing at a very sophisticated level, if I may say so, with a wide range of stakeholder networks, then you take very seriously what they say; it actually gives them an added authority about the relationship between policy development and the broader social and political landscape. Now that can play out in quite significant terms, both because of their particular responsibilities as Welsh chiefs, but also, as you will be aware, they will each have significant national responsibilities as well. Rota policing led by the chief constable of North Wales, a major project in terms of violent and sex offenders information base led by the chief constable of Dyfed Powys, those difficult national responsibilities that ACPO leads have in my view are enhanced by having people who are very accustomed to having to deal with a wide multiple range of stakeholders. It is a different context, but it is a bit like the fact that we obviously have strong relationships with chief officers in the Met. They again have to manage across a very wide range of stakeholders in a political as well as a professional setting and that gives a level of maturity in a broad sense of that term to the advice that we get. I think the Assembly relationship with the chiefs adds to that as well and it goes to the heart of the whole thrust of the reform approach, which is how to ensure that all these elements, local regional and national, work together coherently rather than are seen as somehow competing or in conflict with each other.

  Q291 Chairman: May I move on to your relations, as Home Office officials, with the Welsh Assembly officials? Do you have any, first of all, and how have they developed and what are they? Can you define the relationship?

  Mr Rimmer: From my perspective, we have some. I   would not claim they were particularly well developed and they could become more structured. At the moment they tend to be a bit responsive to particular issues, the most spectacular of which in recent times was quite a difficult set of issues around the funding settlement two years ago, which actually ended up being resolved very effectively at ministerial level between John Denham, the minister as he then was, and Edwina Hart. Part of that process was a much more developed set of working relationships between colleagues in my directorate and officials from the Assembly. I would not claim that they are as well developed as some other central government departments that we have. I think we can do more and we can do it in a more systematic way.

  Q292 Chairman: Ms Casey or Ms O'Mara, do you have anything to add to that in your dealings with the Assembly or your department's dealings?

  Ms O'Mara: We would deal with the community safety unit, of whom only the director is actually employed by the Home Office; the rest of the staff are employed by the Welsh Assembly, though we do refund the Welsh Assembly for the people who are dealing with crime reduction, which is only part of the community safety unit. We do deal with individuals in that unit, right the way down, but on the other hand it would not be true for me to say that we had contact beyond that unit very directly, because if we are dealing with people there, then that is our conduit and our route in.

  Ms Casey: Very similar. It is the David Ahern post essentially that we have worked through; David and now Jo Jordan his deputy acting up would be the point of contact and in that way my unit's relationship with that post is fairly similar to the government office regions really, so they have the same ups and downs.

  Q293 Chairman: In the concordat between the Home Office and the National Assembly, it says that in practice in the delivery of police services and in tackling crime and anti-social behaviour, the responsibilities of the Assembly and Home Office impinge on each other, which is a fairly obvious but not meaningless sentence. How is it managed in practice? This is one of the things that we are specifically looking at, that the Home Affairs Committee would not necessarily look at if they wanted to look at policing in Wales. This is a crucial difference between Wales and England in this regard. How does that work in practice?

  Ms O'Mara: I think it is very much channelled through that particular post. The obvious kind of issue to think of is drugs, which is a Welsh Assembly responsibility. We all know what huge impact drugs policy and action on drugs can have on crime, which is why indeed it was brought out from the Cabinet Office and put into the Home Office, because of that synergy between them. That is the kind of area where we would be looking across and although we are not responsible for drugs policy, nonetheless, what is happening on drugs will have a big impact on crime and that is the kind of issue that we would be talking about. That is just one example, but it is probably the most obvious one to choose.

  Q294 Mrs Williams: Your written evidence implied that the Home Office sees no scope for the future devolution of policing functions from the Home Office to the National Assembly for Wales. Do you think that the recent transfer of responsibility for the fire service in Wales to the National Assembly makes the transfer of function in that area of policing inevitable? Do you indeed see any benefit in the devolution of specific functions, for instance in the area of partnership?

  Mr Rimmer: I think the answer to the fire service question from our minister's perspective is no. It does not add or detract from the basic position that the written evidence sets out. Of course there are arguments for collaboration across the emergency services that that might suggest, but in terms of core partnerships, from the Home Office perspective, particularly around the criminal justice system, without repeating what is in the evidence, that is the Home Secretary's position: the coherence of the criminal justice system in particular lends itself to retaining the current approach. Of course I would say this, would I not? I do not think our ministers see this in any proprietorial or theoretical sense at all. They are pragmatic, they want the communities in Wales to get the same consistently good quality police service as in any other part of the country and they have shown frankly, relatively, as great a lack of priority in looking at the structure of policing for instance per se, as in this particular issue. By that I mean that they do not have a preference for getting into issues where they do not necessarily see the outcome improvements being the main consequence but potentially more debate, more bureaucratisation. It is a bit like Louise's earlier response in terms of definitions. I think they just do not want to get sucked into a debate which will militate against those deliverables.

  Ms O'Mara: I think that actually we have found that it works in practice. In many ways, the community safety partnerships in Wales are more fortunate in a sense than the CDRPs in England because the drugs work has already been taken within the partnerships. Instead of having separate drug action teams, you may know that in England what we are trying to do is to get CDRPs and DATs to join up. That has not been a problem with community safety partnerships, because they have all been in the same thing in the first place; one of the things you might say we have learned from the Welsh. The fact that these are being done differently has not been a problem at local level.

  Q295 Mrs Williams: May I ask you a question about the structure? What are your views on force amalgamation and changes to the structure and governance for the police in Wales? What for instance are the benefits—there may be no benefits—of reducing the number of police forces in England and Wales?

  Mr Rimmer: The White Paper sets out a sort of timescale for considering questions around the structure of policing and that is absolutely an issue where, in ministers' minds, the analysis is in terms of Wales is the same as in England. The critical path there is that in January, Her Majesty's Inspectorate of Constabulary will have made an initial analysis of the issues that they believe need to be fully analysed and addressed in determining, as they put it, what level of policing you need above BCU level to meet requirements above BCU level. The reason I put it in those terms is that this is not about redrawing a map of England and Wales in policing terms for the sake of it; ministers are not interested in that. What they are interested in is whether there are capability issues which are not being delivered effectively through the current structure. That is not a rhetorical question, they have not reached a view on the answer to that and what will happen once the inspectorate reports is that their initial work, subject to ministerial agreement, will then go out for consultation. In the context of Wales, the Assembly, Welsh chiefs and others will have just as much opportunity to input on that debate as any other part of the policing landscape. To be honest, beyond that I should stress that ministers, and it links into what I said earlier, are actually pragmatically much more interested at the moment in collaboration than a huge restructuring exercise. In the context of things like   Tarian, where there is clearly a regional collaborative effort, they are very supportive. They are at this stage yet to be persuaded that the gains in delivering those sorts of outcomes are better delivered through major structural change.

  Q296 Mrs Williams: I want to ask about funding. Does the increased focus on community issues and services imply additional financial responsibility for the National Assembly for Wales? If so, does the Home Office capital spend in Wales or the funding formula require review? When we took evidence from the South Wales police they expressed concerns about the inadequacy of short-term funding in addressing policing needs, for example, short term funding cycles for PCSOs or ring-fenced budgets. How can this problem be addressed?

  Mr Rimmer: As I said earlier, in principle we are very keen to get as many reductions in ring-fenced grants and short-term grants as possible and to get not only into a bigger general grant pot for each authority and force, but also we are very interested in the proposals from ODPM—and again it will be very interesting to get the views as the consultation moves forward on this with the Assembly—about three-year settlements. This is clearly predicated in response to lots of authorities and forces and others saying that this year-on-year short-termism is unhelpful. There is a particular issue around community support officers because that is a major new innovation in policing and the commitments that ministers have made on that are substantial and real and are already clearly making an impact including in the Welsh forces. Indeed today again—lots going on today—ministers are announcing a further round of allocations for CSOs including in all four Welsh forces. Now it would be fair to say, implied in your question, that actually the sort of infrastructure underpinning this sort of onrush of funding for CSOs has not been fully developed and we are genuinely concerned that forces and indeed CSOs themselves as well as the communities that they serve are still operating with a degree of uncertainty about their longer-term future investment. Having said that, following the spending review the government has been very clear in its commitment not only to increase the numbers of CSOs over the next three years by 20,000, but to have as a total pot, the existing 4,000 to 5,000 CSOs on top of that. So there is a degree of continuity now developing. What we have got to do, having moved beyond the one-year, next-year regime around CSO funding, is then to build up a training and career development structure for people who clearly, as far as this government is concerned, potentially have a long-term future as individuals, as well as in terms of that role, for the communities which they serve.

  Chairman: Well, thank you very much indeed. We are going to have to finish now I am afraid. I hope you will not mind if we send you a few questions in written form just to tidy up one or two things that we have not got round to, but what we have done has been very useful. Thank you very much indeed.





 
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