Memorandum submitted By ACPO Cymru
EXECUTIVE SUMMARY
POLICING IN
WALES
Community safety straddles the devolved and
non devolved partnership landscape which makes the context for
policing in Wales unique.
The influence of the Welsh Assembly Government
on our devolved partners is as important as the department for
Communities and Local Government in England. In developing our
relations with partners a significant benefit has arisen from
the fact that a high proportion of elected Police Authority members
are also senior local authority politicians. That seniority of
representation also reflects the importance of the police element
of the precept to local authorities and the Welsh Assembly Government.
Since 2006 we have developed an All Wales approach
to collaboration through the innovative Police Authorities of
Wales, which allows for a flexible local, regional or national
approach as appropriate Our collaborative structure also enables
us to quickly respond to the Welsh Assembly Government on issues
where a single policing response is appropriate. As part of our
collaborative approach to protective services we established TARIAN
and the Wales Extremist and Counter Terrorism Unit (WECTU). These
units recognise the fact that organised crime and terrorism require
specific responses and they provide Welsh forces with a flexible
level two capability. Losing significant staff to the borders
element of the National Crime Agency (NCA) alongside cuts from
the ACPO TAM budget would seriously impact on the viability of
WECTU in the future.
In Wales we currently have four Local Criminal
Justice Boards. When they were established they were aligned to
the criminal justice structure in Wales but in recent years many
of our partners have moved to an All Wales structure. In consequence,
we are currently considering establishing a strategic All Wales
Criminal Justice Board.
THE NEED
FOR CHANGE
We do not consider that the generalised criticisms
in the White Paper levied against Police Authorities apply to
Wales. Whilst the current model is not perfect, Police Authorities
in Wales do provide communities with visible and accountable representation..
They are committed to change and to improving quality of service.
We question whether the proposed changes will provide an improved
service. In our view they will not.
IMPLICATIONS OF
WHITE PAPER
PROPOSALS TO
POLICING IN
WALES
The current corporate body approach to setting
the policing precept requiring the support of a majority of locally
elected Police Authority members, who also have devolved government
accountability through their local authorities, has a number of
safeguards. The fact that local authority partners through their
elected member, are accountable for our funding means that they
cannot expect a level of service that has not been budgeted for.
Placing tax raising powers in the hands of a Police and Crime
Commissioner (PCC) is creating concern amongst our partners in
Wales and has the potential for creating unnecessary tensions
with both the Welsh Assembly Government and local authorities.
The locally elected members of Police and Crime
Panels (PCP) may be the same individuals who currently sit on
Police Authorities. The proposal to give them an advisory role
in the budget setting and precept decision will, in the case of
dispute, likely result in a referendum. At a time when Welsh police
forces are already losing police and civilian staff we would not
want to see our finances worsened by any unnecessary additional
costs. Proper scrutiny powers for the PCP are needed so as to
provide the checks and balances so important to genuine democratic
accountability.
The generic model for the PCC does not take
account of the complexities of the partnership landscape in Wales.
The PCC role is focused on a police force area and there is a
real need for an overarching collaboration structure that would
incentivise the four Welsh PCC's to think and operate strategically
on an All Wales basis.
We see an opportunity to capture the spirit
of the White Paper and to be constructive and progressive in taking
forward collaboration. Our proposal is to create a new body to
champion and drive forward collaboration on an all Wales basis—a
Policing Board for Wales. We feel that it would build on the existing
collaborative framework and take it to a new and improved level.
The four PCC's, the four PCP's and the four chief constables would
be core members of the proposed Board which would be a co-ordinating
body and partnership enabler operating at a strategic level and
would not impact on the specific roles or responsibilities of
directly elected PCC's within their respective force areas. Neither
would the Board interfere with the operational independence of
a chief constable. Inviting a representative of the Welsh Assembly
Government to the Police Board would produce additional benefits.
A further option would be to broaden the Policing Board even further
to include representation from across the Criminal Justice System
in Wales.
Whilst we accept that the Government is averse
to retaining Police Authorities, if we are to improve service
delivery we must not lose sight of the many positive aspects our
Police Authorities currently provide. This is particularly important
in Wales because of our 22 relatively small local authorities
which makes for a complex partnership landscape with many tiers.
The current mix of elected and independent members on Police Authorities
ensures representation in every local authority area. It makes
for a democratic level of accountability and an additional means
of engagement with communities through local authority mechanisms.
We do not consider that a single PCC will be able to represent
our many diverse communities as effectively.
We are very concerned that existing relationships
with partners and the benefits that those partnerships bring to
our communities could be damaged through an approach that is focused
on achieving consistency across England and Wales rather than
facilitating the needs of communities in Wales.
1. POLICING IN
WALES
1.1 The context for policing in Wales is unique
and has been independently recognised as such.[29]
The relatively small size of Wales brings many advantages and
allows the police service to develop initiatives with partners
in a way that could not be replicated elsewhere.
The partnership landscape in Wales
1.2 Community safety straddles the devolved
and non devolved partnership landscape and the influence of the
Welsh Assembly Government[30]
on our devolved partners is as important as the department for
Communities and Local Government in England.[31]
The Welsh Assembly Government has policies and a performance and
monitoring regime, which are quite distinct to those in England.
The fact that we have 22 local authorities and multiple health
and education bodies has meant that the partnership landscape
in Wales is complex and somewhat demanding. The number of meetings
even at a strategic level that a Police and Crime Commissioner
would be expected to attend should not be underestimated.
A positive relationship
1.3 The relationship the four police forces
and Police Authorities in Wales have developed with the Welsh
Assembly Government is positive and productive and we are regarded
as a key stakeholder in the development of policy and strategy.
For example, we have a seat on the Efficiency and Innovation Board,
the prime strategic partnership Board in Wales, chaired by the
Business Minister. The Welsh Assembly Government has also provided
significant funding to support community safety that has enabled
collaboration in Wales in key areas, notably protective services
eg Tarian[32]
and the All Wales School Liaison Core Programme.
1.3.1 Whilst the development of the partnership
landscape in Wales has been different from that in England, our
good relations with local authorities at both a strategic and
tactical level has meant that we have been able to work collectively
and quickly to develop practical responses to areas of concern.
A good example is the Memorandum of Understanding (MOU) ACPO Cymru
developed and signed with the Society of Local Authority Chief
Executives in Wales (Solace Wales) earlier this year with the
objective of improving our approach to building communities. All
22 local authority chief executives signed up to the MOU, an outcome
which was the first of its kind in the UK.
1.3.2 In developing our relations with partners
a significant benefit has arisen from the fact that a high proportion
of elected Police Authority members are senior local authority
politicians. That seniority of representation also reflects the
importance of the police element of the precept to local authorities.
The level of scrutiny of the policing precept in Wales by both
local authority members and the Welsh Assembly Government should
not be underestimated and has resulted in significant variations
in police precepts in the four force areas.
Collaboration on an All Wales basis
1.4 We began in 2006 and through the innovative
Police Authorities of Wales, a Section 106 Committee, we have
developed an All Wales approach to improve operational capacity
and capability and to make us more efficient and effective eg
we were the first to establish a regional deputy chief constable
post supported by a dedicated team to take forward collaboration,
we have already implemented a single non emergency number (101)
for the four police forces in Wales and we have also developed
a single National Policing Plan for Wales. Our collaborative governance
structure also enables us to quickly respond to the Welsh Assembly
Government on issues where a single policing response is appropriate.
At a time of austerity and financial constraints our collaborative
model is enabling economies of scale and efficiencies to be found
across the four forces in addition to those found from within
forces. It is vital that this approach continues.
1.4.1 Whilst the White Paper emphasises the
importance of collaboration between forces, wider public sector
collaboration also provides opportunities for improving efficiency
and reducing costs. In Wales our very good relationships with
local authorities is enabling this type of cross sector activity
eg, Gwent Police IT management services are delivered through
a collaborative agreement with Torfaen County Borough Council.
Regional Collaboration
1.5 As part of our collaborative approach
to protective services, the four Police Authorities and Chief
Constables established TARIAN and the Wales Extremist and Counter
Terrorism Unit (WECTU). These units reflect the fact that organised
crime and terrorism require specific responses and they provide
Welsh forces with a flexible level two capability[33]
and include key partners. Within Wales we have created a truly
cohesive structure of Welsh policing assets and those of the centrally
funded Counter Terrorism Intelligence Unit. The Office for Security
and Counter-Terrorism recently stated "You are exemplars
in Wales around counter terrorism structures".
1.5.1 Nationally, the Counter Terrorism Intelligence
Unit element is vulnerable to the expected cuts and there does
appear to be a lack of recognition of the innovation shown within
Wales. Losing significant staff to the borders element of the
National Crime Agency (NCA) alongside cuts from the ACPO TAM budget
would seriously impact on the viability of WECTU in the future.
Returning to the previous position of four force Special Branches
working independently would be a retrograde step.
1.5.2 In our view, the proposed NCA structures
and governance of counter terrorism more generally, needs to acknowledge
that the Welsh Assembly Government is active and has a vital role,
which secures the co-operation of many Welsh partners in a way
which local/force-level and national/UK structures could never
do.
1.5.3 Whilst the White Paper focuses on organised
crime and terrorism, our collaborative structures in Wales also
enable us to address wider cross border protective service demands
in a flexible and effective way.
The Criminal Justice landscape in Wales
1.6 The White Paper rightly identifies the
importance of localism but it is also vital that developments
being pursued by partner agencies which impact on forces are taken
into account. For example, in Wales we currently have four Local
Criminal Justice Boards and when they were established they were
aligned to the criminal justice structure in Wales. However, over
time many of our partners have moved to an All Wales structure
which has meant that representation on individual LCJB's no longer
includes the head of the agency and as a result some members lack
the seniority to commit funding or resourcing at the table. In
consequence, with our partners, we are currently considering establishing
a strategic All Wales Criminal Justice Board.
Democratic accountability
1.7 A priority within the White Paper is
to improve local accountability and engagement through an elected
Police and Crime Commissioner (operationally we are actively pursuing
the same aims through our neighbourhood policing teams). Wales
has an extraordinary richness in diversity, as exemplified in
language and culture. Legacies from past migrations, particularly
to the coalfield areas have left Wales with communities which
are often quite distinct to those of the more rural areas and
the Welsh language remains a passionate subject which unites some
communities in parts of Wales. Many of our communities have fierce
local loyalties and some still do not recognise the more recent
local authority boundary changes. Even elected officials for the
relatively small political constituencies (when compared to the
size of a force area) find it challenging to represent all the
different interest groups within their areas. The proposal for
a single elected PCC to be the representative of all the communities
within a force is a very challenging one indeed in Wales.
2. IMPLICATIONS OF
WHITE PAPER
PROPOSALS
A Need for change?
2.1 The generalised criticisms in the White
Paper levied against Police Authorities do not apply in Wales.
Whilst the current model is not perfect, Police Authorities in
Wales do provide communities with visible and accountable representation
and, as our collaborative initiatives show, they are committed
to change and to improving quality of service. A survey carried
out jointly by the four Police Authorities in Wales in September
2010 found that 97% of respondents had heard of Police Authorities
and 82% knew what a Police Authority does. We do question whether
the proposed changes will provide an improved service. In our
view they will not.
Police and Crime Commissioners
2.2 If the proposals are to achieve their
stated aims then it will be important for the PCC model to be
embraced by partners. The step of placing tax raising powers in
the hands of a single individual is an issue which is creating
great concern amongst our partners in Wales. The current economic
climate is resulting in significant budget cuts across the public
sector and because of the relative importance of the public sector
to the economy of Wales, the cuts here will have greater social
and economic consequences than in many parts of England. We are
entering a period when taxation powers will come under even greater
scrutiny and, as they stand, the current proposals carry the potential
for creating unnecessary tensions with both the Welsh Assembly
Government and our local authority partners.
2.2.1 The current corporate body approach to
setting the policing precept, requiring the support of a majority
of locally elected Police Authority members, who also have devolved
government accountability through their local authorities, has
the merit of a number of safeguards. Whilst Chief Constables sometimes
receive a lower level of budget than they seek, the counter side
is that the decision brings with it political ownership which
means that our local authority partners through their elected
member, are accountable for our funding and cannot expect a level
of service that has not been budgeted for.
Police and Crime Panels
2.3 The locally elected members of Police
and Crime Panels (PCP) may well be the same individuals who currently
sit on Police Authorities. Concerns over the precept will ensure
it is the leader or a very senior elected member. They will therefore
be experienced in both the policing and local authority worlds.
The White Paper proposal to give them an advisory role in the
budget setting and precept decision will, in the case of dispute,
leave only one option open to them—a referendum. At a time
of economic constraints that course of action, with the additional
costs it will bring, is highly undesirable. A referendum would
not only involve the additional costs of the process per se,
but also additional billing costs. The delay could also impact
on cash flow and service delivery. In our view, the current proposals
would make referendums more rather than less likely. At a time
when Welsh police forces are already losing police and civilian
staff we would not want to see our finances worsened by any unnecessary
further additional costs.
2.3.1 The stated aim of the PCC is to provide
an individual who could better represent the public than existing
Police Authorities. In Wales, the diversity of our communities
and the culture of localism will make this objective extremely
challenging and in our view it is unlikely that a single individual
could do this. (We would argue that it weakens localism as currently
Police Authorities have at least one councillor representative,
whilst the PCP will likely be a much smaller body.)
2.3.2 The role of the Police and Crime Panel
will therefore have added significance. The absence of power to
go with their advisory function, compared to what currently occurs,
is unlikely to be as attractive to independent members. It would
be a retrograde step if the PCP was not able to attract a high
quality and diverse membership.
Collaboration
2.4 The current generic model for the Police
and Crime Commissioner does not take account of the complexities
of the partnership landscape in Wales. The PCC role as outlined
in the White Paper is focused on a police force area and there
is a real need for an overarching collaboration structure that
would incentivise the four Welsh PCC's to think and operate strategically
on an All Wales basis.
3. OUR PROPOSALS
A Policing Board for Wales
3.1 We see an opportunity to capture the
spirit of the White Paper and to be constructive and progressive
in taking forward collaboration. Our proposal is to create a new
body to champion and drive forward collaboration on an all Wales
basis—a Policing Board for Wales. We feel that it would
build on the existing collaborative framework that is working
so well for communities in Wales and take it to a new and improved
level. The four PCC's, the four PCP's and the four chief constables
would be core members of the proposed Board which would be a co-ordinating
body and partnership enabler operating at a strategic level and
would not impact on the specific roles or responsibilities of
directly elected PCC's within their respective force areas. Neither
would the Board interfere with the operational independence of
a chief constable.
3.1.1 We envisage great benefits in inviting
a representative of the Welsh Assembly Government to the Police
Board. In making this proposal we are conscious of constitutional
dynamics and there would clearly be a need to work through the
detail carefully. However, Welsh Assembly Government representation
would enable much closer collaborative and partnership engagement
across the devolved spectrum and provide even closer links between
policing and our community safety partners. further option would
be to broaden the Policing Board even further to include representation
from across the Criminal Justice System in Wales- the courts and
Crown Prosecution Service.
Police and Crime Panels
3.2 Whilst we accept that the Government
is averse to retaining Police Authorities, if we are to improve
service delivery then in creating PCP's we must not lose sight
of the many positive aspects our Authorities currently provide.
This is particularly important in Wales because of the 22 relatively
small local authority structure we have which makes for a complex
partnership landscape with many tiers. The current mix of elected
and independent members ensures representation in every local
authority area, means that there is a democratic level of accountability
and a means of engaging through local authority mechanism with
our communities. We do not consider that a single PCC will be
able to represent our many diverse communities as effectively.
3.3 We also believe the White Paper proposals
would put too much power in the hands of a single individual.
Proper scrutiny powers for the PCP are needed so as to provide
the checks and balances so important to genuine democratic accountability.
4. CONCLUSION
We are very concerned that existing relationships
with partners and the benefits that those partnerships bring to
our communities could be damaged through an approach that is focused
on achieving consistency across England and Wales rather than
facilitating the needs of communities in Wales.
October 2010
29 The Report of the All Wales Convention included
the following, "many aspects of police work touch on devolved
areas which fall within the Welsh Assembly Government's responsibilities,
particularly: crime reduction; youth crime and anti social behaviour;
domestic violence; arrangements for mentally disordered offenders
and their social supervisors; the development and implementation
of strategies against substance misuse; and transport and roads
policy. Further, the key partners of the police in the wider policing
world, such as local government and health, are devolved; and
crucially, operating in the Welsh Language is often a vital every
day requirement. So the particular challenge for the police in
Wales is how a non-devolved service operates in a largely devolved
environment, but yet enjoys coherence of strategy, accountability
and funding"
http://allwalesconvention.org/getinformed/thereport/thereport/?lang=en Back
30
In Wales there are currently 22 local authorities, 7 Health Boards,
3 NHS Trusts and 3 fire and rescue services all of which have
a vital part to play in community safety. Back
31
Including the ability to set a cap on the police precept that
historically has had variations to those applied in England. Back
32
See paragraph 1.5. Back
33
The National Intelligence Model has three levels-Tackling local
issues (Level 1); Force or cross boundary issues (Level 2); and
National issues-serious and organised crime (Level 3). Back
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