House of Commons - Welsh Affairs

Select Committee on Welsh Affairs Fourth Report

2 The division of powers between the UK Government and the National Assembly for Wales

7. Policing in Wales is a non-devolved matter over which the UK Government retains control of both the policy agenda and the performance regime for the police service in Wales. However, whilst the police forces and authorities are under the direct policy making of the UK Government, the policy agenda in local government and health in Wales, and more recently the fire and rescue services and transport, falls within the remit of the National Assembly for Wales.[2] The National Assembly also has responsibility for community safety, youth justice issues, domestic violence and substance misuse.[3]

National Assembly Initiatives

Community Safety Agenda

8. There are several examples of the impact of the National Assembly on the practical delivery of police services in Wales. The most prominent example is the Community Safety Agenda. The Welsh Assembly Government (WAG) signified its own approach to community safety in its decision to change the name of their Crime Reduction Unit to the Community Safety Unit in 2003. That complemented the change in name of the Crime and Disorder Reduction Partnerships (CDRPs)[4] to Community Safety Partnerships (CSPs). That change was not lost on Keri Lewis, Chairman of Bridgend Community Safety Partnership who argued that "the nomenclature implies a difference".[5] In particular, he saw in it a desire by the National Assembly to adopt a more holistic view of community safety than the narrower focus of crime reduction adopted in England. Chief Constable Barbara Wilding of South Wales police emphasised that, "the Welsh Assembly have particularly looked at the reassurance and regeneration aspects and that ties into one part of our work very clearly".[6] The most striking example of this is the Welsh Assembly Government's Communities First Programme.

Communities First Programme

9. The Welsh Assembly Government's Communities First programme is a long-term strategy for improving the living conditions and prospects for people in the most disadvantaged communities in Wales. The programme seeks to ensure that the funds and support available from the Welsh Assembly Government and other public sector agencies are targeted at the poorest areas in Wales. 142 areas are included in the programme and comprise the 100 most deprived electoral divisions according to the Welsh Index of Multiple Deprivation (2000 edition), 32 pockets of deprivation below ward level (or sub-wards) and 10 communities of other interest or with imaginative proposals.[7]

10. Launched in March 2000, Communities First is a long-term programme, which will run for a minimum of ten years.[8] In partnership around the country, local people, community and voluntary organisations, the public and private sectors are working to deliver Communities First. By encouraging creativity and risk-taking, the programme seeks to make a long-lasting difference to disadvantaged communities in Wales.[9]

11. During our inquiry we saw several examples of Communities First funding making a significant difference to the ability of the police to deliver services in Communities First areas. For example, in North Wales Welsh Assembly Government has provided over £270,000 to North Wales police in order to integrate Community Beat Managers into Communities First areas.[10] The South Wales force also have dedicated Communities First policing teams, and Welsh Assembly Government funding has enabled them to employ schools officers within these areas.[11]

Substance Misuse Strategy

12. A further successful example of the Welsh Assembly Government's input into the delivery of police services in Wales is the impact of its Substance Misuse Strategy. [12] The key to this success has been the way in which the objectives of Operation Tarian,[13] a police operation to combat drugs crime in South Wales, were linked to the aims of the Welsh Assembly Government's substance misuse strategy.[14] Chief Constable Barbara Wilding told us that the Welsh Assembly Government had contributed towards funding 30 extra police officers working with the educational side of Operation Tarian. [15] She also welcomed Welsh Assembly Government funding for extra support for the treatment of drug abuse, also within the context of that operation. [16]

13. We welcome the positive contribution that the Welsh Assembly Government has made to tackling crime and anti-social behaviour in Wales.

The Impact of Devolution on Policing in Wales

14. Several of our witnesses emphasised the positive impact of devolution on the delivery of police services in Wales. In addition to the Welsh Assembly Government's initiatives, our witnesses from the police also highlighted the level of accessibility, and the quality of relationships, that the Chief Constables in Wales had developed with Assembly Government Ministers. Chief Constable Richard Brunstrom of North Wales police declared:

"One of the enormous benefits that brings is, because Wales is only a small society, I get to see ministers. I know quite a lot of the ministers rather well, we meet each other regularly, we meet the ministers for social justice as a group of chief constables every quarter. We can actually get to see ministers, who have real power and influence within the Government of Wales Act to make a difference".[17]

15. Chief Constable Terence Grange agreed that the relationships between the police forces and the National Assembly for Wales were close,[18] while Chief Constable Barbara Wilding emphasised the quality of that relationship. She told us,

"the four Chief Constables regularly meet with the social justice minister and we are listened to and there is a lot of interaction between us. I believe that our professional judgment is valued and I would like to see that replicated in England".[19]

16. Chief Constable Mike Tonge of Gwent police also added, that "the people at the Welsh Assembly Government that I speak to tend to understand the issues that pertain to Wales, in a way that is not always the case at the Home Office".[20]

17. We welcome the constructive relationships that have been developed between the four Chief Constables in Wales and the National Assembly for Wales and the positive impact that this has had on the development of policy, and on the delivery of police services in Wales.

The Home Office and Devolution

18. While our police witnesses were pleased with the relationships that they had developed with the Welsh Assembly Government, they were more circumspect about the level of the relationships and communication channels between the Home Office and the National Assembly for Wales. A key post in that relationship is the Home Office Director (HOD) for Wales. There are currently 10 Home Office Directors in the United Kingdom; nine of which are based in the Government Offices for the Regions, and one which is in the National Assembly for Wales. The Home Office Director in Wales acts on behalf of the Home Secretary in relation to the Home Secretary's functions in Wales. Several of our witnesses, including Home Office officials and Chief Executives of Community Safety Partnerships stressed the significance of the post, especially in relation to the development of the Community Safety agenda in Wales.[21] Margaret O'Mara, Director of Crime Reduction at the Home Office was keen to emphasise that in addition to delivering the priorities of the Home Secretary in Wales, the Home Office Director in Wales also informed the Home Office of any difference in approach adopted by the Welsh Assembly Government. She told us, that the Director regularly fed back to the Home Office examples of good or better practice in Wales.[22]

19. In order to reflect the evolution of the Community Safety agenda in Wales, we were told that there would soon be a second Welsh Assembly Government post: the Community Safety Director. Margaret O'Mara explained that while the Home Office Regional Director was responsible for regional issues, and the issues that reflect the Home Secretary and his responsibilities, the Community Safety Director in the Welsh Assembly Government would deal with community safety issues which were the responsibility of the Welsh Assembly Government. Both would have responsibilities for aspects of Community Safety Partnerships in Wales, and therefore there would need to be very close liaison between the two.[23]

20. In November 2004, the Home Office told us that the previous incumbent had retired in August of that year, and that the Home Office was "about to advertise for a replacement".[24] In the intervening period the position was being filled-on a temporary basis-by the Acting Director of the Community Safety Unit at the Welsh Assembly Government. The reason for the delay in finding a permanent replacement was the redefinition of the post in light of the creation of the new Crime Reduction Director in the Welsh Assembly Government.[25] When the Home Office returned to give evidence in February 2005, we found that the post had still not been filled on a permanent basis. The Home Office asserted that "the replacement is being advertised very shortly,"[26] and reiterated the complications in defining that post in the context of the new Welsh Assembly Government post.[27] At the time of writing this report, the post is still being run-albeit ably-on a temporary basis.

21. We recognise that the Home Office Director is a key role in facilitating communication between Wales and Westminster, and subsequently to the effective delivery of police services in Wales. It is therefore unacceptable that the post remains filled on a temporary basis. We recommend that the Home Office rectify this situation at the earliest opportunity.

22. Anecdotal evidence strongly suggested that the Home Office remained unaware of major relevant developments within Wales, and we found further evidence of this when the Home Office gave evidence to us. Officials cited examples of close working with both the Office of the Deputy Prime Minister and the Department for Education and Skills as proof of an integrated approach to anti-social behaviour in Wales, despite the fact that significant parts of those Departments' functions had been devolved to the National Assembly.[28] Furthermore, we were surprised that having repeatedly emphasised the closeness of the working relationship between the Home Office and the National Assembly for Wales, that the Director of the Anti-Social Behaviour Unit could not recall the Assembly Government Minister's name.[29] Stephen Rimmer, Director of Policing Policy at the Home Office, acknowledged that the relationships between Home Office and Welsh Assembly Government officials were not "particularly well developed" and believed that those relations could be improved upon and developed in "a more systematic way". [30]

23. We are concerned that there remains a low level of awareness and insufficient understanding of the nature and impact of the devolution settlement on police services in Wales within the Home Office. We recommend that the Home Office address this short-fall and develop its relations with the National Assembly for Wales in a more structured and systematic way.

The Devolution of Further Powers to the National Assembly for Wales

24. Whilst most of our witnesses did not express a view as to the desirability of the devolution of further powers to the National Assembly for Wales, those who did were generally in favour. Chief Constable Richard Brunstrom thought that policing should be devolved to the National Assembly. He argued that such a development would represent "a significant simplification and a significant improvement" to the current position.[31] Chief Constable Terence Grange of Dyfed-Powys stated there was an expectation that one day the Welsh Assembly Government would be "our government",[32] though he expressed no opinion on the benefits of that expectation.

25. The Police Authorities of Wales also told us that it was broadly of the view that if the powers of the National Assembly for Wales were increased to include policing then there could be advantages for policing in Wales. However, it argued that "extensive and inclusive discussion and consensus" would be required in advance of any decision to devolve powers over policing.[33]

26. The Police Authorities of Wales was also concerned about any future relationship between the National Assembly for Wales and agencies that currently operate on an England and Wales basis - for example, the National Crime Squad and the National Criminal Intelligence Service - following any further devolution of powers.[34] It also foresaw potential problems for training, procurement, and the provision of consistent and compatible IT and communication systems in the event of such devolution.[35] However that had not been the experience of devolution in Scotland.[36] Should those issues be adequately resolved, the Police Authorities of Wales believe that further devolution could have the benefit of allowing the National Assembly to better target issues that were specific to Wales.[37]

27. The Home Office stated that it saw no reason for the devolution of further functions in the area of policing, either in terms of primary or secondary legislation.[38] It emphasised that, given the coherence of the criminal justice system and the requirement for consistent delivery of a quality service in England and Wales, the police service in Wales was currently best served by the status quo.[39] In evidence to the Richard Commission, Edwina Hart AM, Minister for Social Justice and Regeneration, stated that "when we look at the priorities in terms of the Home Office and top slicing of police funding for priorities, those priorities are not Welsh priorities in terms of the agenda. They are very much a metropolitan and city agenda".[40] Unfortunately, we were unable to explore, at first hand, the solutions to those problems with the Assembly Minister.

28. Opinions over further devolution of powers over the police remain divided. In any future consideration of the devolution of those powers, it will be essential to safeguard the present arrangements for force cooperation at the cross-border, national and international levels.

Funding

29. A potential benefit of the devolution of powers over the police could be the opportunity to address the problematic issues over the current funding system for the police in Wales.[41] The current policing funding formula is calculated for all police authorities in England and Wales. The formula distributes funding to all Authorities on the basis of estimated relative need. That need is calculated on the basis of demand in six key areas.[42] In general, that is achieved by identifying the relevant workload and the social and demographic characteristics of the force area.[43]

30. Around half of all central Government supported police funding is provided by the Home Office via the police grant. The balance is provided through the local government finance system, through a combination of revenue support grant, non-domestic rates and police authority precepts on the council tax. In all, central Government provides around 80%, with local authority council tax meeting the remainder. Where there is a shortfall in funding versus planning, the precept element can be increased as long as Government capping levels are not exceeded. Forces can then top-up through various other funding streams.[44]

31. Whilst Welsh forces have seen a real increase in funding since 1999, compared with English forces they have fallen behind. Malcolm King, Chairman of the North Wales police authority and representing the Police Authorities of Wales, believed that the current funding arrangement was unsatisfactory and was "a clear disadvantage to Wales".[45] Chief Constable Mike Tonge of Gwent police pointed out that while Wales had a 3.75% increase in funding from central government in grant, English Forces received an average 4.86% increase.[46] He further expressed concerns about the limitations placed on the Welsh Assembly Government to fund any shortfall.[47] However, the Government has introduced an additional 'Welsh Floor' grant for 2004-2005 to address that imbalance, which has provided an average increase in budget of 8.1% in Wales compared with an average for England and Wales of 5.7%.[48]

32. Our witnesses from the Welsh police forces aired their concerns about this piecemeal approach to funding. In particular, they were unhappy with having to cope with multiple funding streams and the disproportionate effort required to gain low levels of funding from these budgets. Chief Constable Richard Brunstrom of North Wales police told us, "we have a plethora, a surfeit, of short-term funding options, coming out of government".[49] He added, "we are in a ridiculous situation of having money parcelled out in small chunks on a temporary basis for conflicting priorities. It really is a bit of a mess".[50]

33. A further concern for the Police Authorities of Wales was the late confirmation of budgets and the lack of long-term funding linked to planning. Paul Wade, Director of Finance, Administration and ICT, South Wales police told us, " I would like to see some more commitment to longer term funding than 12 months. 3 years is difficult to manage, but it is far easier to manipulate 3 year funding than it is 12 month funding. 12 month [funding] is very, very difficult".[51] Chief Constable Richard Brunstrom added that the short-termism in funding made it difficult for his force to deliver. He concluded that "it cannot be beyond the wit of human kind to plan the size of the overall police budget for three or four years into the future rather than leaving us all guessing".[52]

34. The Government has signalled its intention to simplify the funding streams for 2005-2006, though the details of that simplification remain unclear.[53] Such a development could offer a single stream of funding which could allow police authorities to effectively fund policing in Wales.[54]

35. We agree with the Welsh police forces that the current funding streams are complex and confusing, and represent a hindrance to effective resource planning. We recommend that the Government review those funding streams at the earliest opportunity, with a view to providing long-term simplified and reliable revenue sources for the Welsh police forces.

A National Police Force for Wales?

36. In the White Paper "Building Communities, Beating Crime: A Better Police Service for the 21st century", the Government announced its intention to review the current configuration of police forces across England and Wales. In it, the Government acknowledged "if we were starting with a blank sheet of paper we would not necessarily end up with the kind of configuration of 43 forces that we have now".[55] Chief Constable Terence Grange of Dyfed-Powys police stated that for example, if starting from scratch, the logic was that Gwent would not exist.[56] However, during our inquiry we found strong resistance to a single Welsh police force. Our witnesses strongly argued that the regional differences of the four police forces in Wales could make a single force unworkable.[57] Malcolm King also argued that North Wales police authority would be "adamantly opposed to any amalgamation of police forces that involved North Wales police force".[58]

37. Hazel Blears MP, Minister of State for Crime Reduction, Policing, Community Safety, Counter Terrorism and Resilience, informed us that although she was waiting for the HMIC review on structural change, she was not "interested in huge structural change for its own sake".[59] Instead, she believed that greater efforts should be placed on encouraging collaboration in the context of efficiency savings. She preferred to concentrate on finding greater efficiencies from within the current structures: "if there are ways in which forces could collaborate in terms of squeezing out some better value for money in bringing services together, then I think that would be a very good thing".[60] Stephen Rimmer, Director of Policing Policy at the Home Office, confirmed that approach and added that the review would concentrate on "capability issues which are not being delivered effectively through the current structure".[61]

38. Cross-force collaboration currently exists between the four forces in Wales. The most striking example of that approach was the collaboration between the three southern forces in tackling serious and organized crime, through Operation Tarian. Chief Constable Barbara Wilding told us that in addition to Operation Tarian the forces in Wales were currently looking at the provision of back-room services, "seeing if we can collaborate on back-room services to make us more efficient and effective".[62] Chief Constable Mike Tonge added "I am really buoyed up by the collaborative approach of the Chief Constables of Wales in terms of how we deal with […] tackling serious and organised crime and terrorism. We have got to do a lot more collaboratively".[63]

39. Chief Constable Mike Tonge added that collaboration between the forces was already evident, and that it had extended beyond cross Force collaboration. He told us the Chief Officers in Wales had established a forum called the Welsh Association of Chief Police Officers (WACPO). WACPO was convened on an all-Wales basis "where we collaborate now with the ambulance service, the military, the fire service".[64] Stephen Rimmer, Director of Policing Policy at the Home Office, stated that the Home Office was aware of WACPO, and the deepening relationship between the four Chief Police Officers in Wales, both individually with their forces and their authorities, and collectively as a group".[65] He added, that this relationship "actually gives them an added authority about the relationship between policy development and the broader social and political landscape".[66]

40. While we see no case for the amalgamation of the police forces in Wales, we welcome and encourage cross-force collaboration within Wales (and indeed with forces in England), in order to deliver an effective and efficient police service. Furthermore, we welcome the establishment of the Welsh Association of Chief Police Officers, and congratulate the four Welsh Chief Constables on their commitment and innovation in seeking to provide the best service possible to the people of Wales.

2 Ev 398 Back

3 Ev 324 and 325 Back

4 Crime and Disorder Reduction Partnerships are still known as such in England. Back

5 Q452 Back

6 Q145 Back

7 www.communitiesfirst.info/uploaded/Communities%20First%20Programme.doc Back

8 www.wales.gov.uk/themessocialdeprivation/content/comfirsthome_e.htm Back

9 www.communitiesfirst.info/uploaded/Communities%20First%20Programme.doc Back

10 www.richardcommission.gov.uk/content/template.asp?ID=/content/evidence/written/police/index-e.asp Back

11 Q309 Back

12 For further detail see: www.wales.gov.uk/subisocialpolicy/content/direct/Substance%20Misuse%20English.pdf Back

13 See section 5 for further details on Operation Tarian, paras 98 to 102. Back