| Police Reform Bill [HL] - continued | House of Lords |
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Clause 58: Functions of inspectors of constabulary310. This clause inserts new sections 4B and 4C in the 1987 Act. The new section 4B puts inspections of the MDP by Her Majesty's Inspectors of Constabulary on a statutory basis. At present the MDP are inspected by HMIC on a non-statutory basis by invitation. The new section 4C provides for publication of the Inspectors' reports on the MDP.
Clause 59: Exemptions from firearms legislation311. This clause amends the firearms legislation applicable in Great Britain and Northern Ireland respectively, so as to enable potential recruits to the MDP to use firearms without a certificate while they are being trained or assessed under MDP supervision. As part of their assessment process, potential recruits take a firearms aptitude test. This involves "possession" (in the sense used in the firearms legislation) of a firearm, which is generally unlawful without a firearms certificate.
Part 6: MiscellaneousClause 60: Nationality requirements
312. Section 3 of the Act of Settlement 1700 provides that 'no person born out of the kingdoms of England, Scotland or Ireland or the dominions thereunto belonging.. shall.. enjoy any office or place of trust either civill [sic] or military.' Section 6 of the Aliens (Restriction) Amendment Act 1919 provides that no alien shall be appointed to any office or place in the Civil Service of the State, though there are various exceptions to these provisions. The prohibitions do not apply to Commonwealth citizens or to citizens of the Irish Republic by virtue of the 1981 British Nationality Act, while the Aliens' Employment Act 1955 as amended by the European Communities (Employment in the Civil Service) Order 1991 (SI 1991/1221) disapplies the prohibitions to various groups, such as British protected persons. Nonetheless, currently - and in consequence of the above - employment as a member of a police force of England and Wales, Scotland, Northern Ireland, the National Criminal Intelligence Service, the National Crime Squad, the British Transport Police, the United Kingdom Atomic Energy Constabulary, the Royal Parks Constabulary, or the Special Constabulary, is restricted to British citizens, citizens of the Irish Republic and Commonwealth citizens. If an applicant is a citizen of the Irish Republic or a Commonwealth citizen other residential and ancestry conditions must be satisfied.
313. Subsection (1) of this clause provides that the prohibition on the employment of persons born out of the UK and the prohibition arising from nationality do not apply to employment in the police services of England and Wales, Scotland, Northern Ireland (including the Reserve Police Service of Northern Ireland), the National Criminal Intelligence Service (NCIS), the National Crime Squad (NCS), the British Transport Police Force (BTP), the United Kingdom Atomic Energy Authority Constabulary (UKAEAC), the Royal Parks Constabulary, and the Special Constabulary. Any person, regardless of birth or nationality, may be attested and may hold office as a constable.
314. Subsections (2) and (3) provide that the capability of holding office as a constable or special constable or for membership of any force or constabulary or for appointment to particular ranks, offices or positions will be subject to any regulations as to qualifications for appointment; or (in respect of members of NCIS and NCS) to terms and conditions of service; or (in relation to BTP, UKAEAC and Royal Parks Constabulary) to any other arrangements for appointment.
315. Subsection (4) states that these regulations, terms and conditions or arrangements for appointment may include, amongst other things, the setting of standards for competence in written and spoken English, qualification as to residence in the UK, and the ability to reserve certain posts which may be of a particularly sensitive nature, for UK nationals or EEA nationals.
Clause 61: Attestation of constables316. Every police officer and every special constable is required, on appointment, to be attested by making a declaration in a prescribed form before a justice of the peace in the force area concerned. The Police Advisory Board for England and Wales, on which all the main police organisations are represented, advised the Home Secretary in December 2000 that the wording of the attestation should be changed to make it clear that police officers had a duty to uphold the rights of and protect everyone living or staying in the country, not just Her Majesty's subjects. The Home Secretary has accepted the advice of the Police Advisory Board.
317. The prescribed form of wording is currently set out in Schedule 4 to the Police Act 1996. This clause inserts a new form of words for the attestation into Schedule 4 to the 1996 Act. The existing and revised declarations are set out below with the words to be omitted or added shown in italics in each case.
318. Existing form of declaration:
319. Revised form of declaration:
320. When the new attestation comes into effect, an order will be made under the Welsh Language Act to enable Welsh-speaking officers to make the attestation in Welsh.
Clause 62: Delegation of functions in relation to senior appointments321. The Secretary of State has a statutory responsibility to approve every appointment made by a police authority of officers from the rank of assistant chief constable upwards, together with the equivalent ranks in the Metropolitan Police, by virtue of sections 9F, 9FA, 9G, 11, 11A and 12 of Police Act 1996. Section 12A of the 1996 Act also requires the Secretary of State to approve an officer acting as a chief constable for more than 3 months. In both cases, his approval power has always being exercised on the basis of professional advice.
322. New arrangements for considering the approval of these posts were set up in spring 2001. These arrangements were designed to make the approval process more transparent. A Senior Appointments Panel, chaired by HM Chief Inspector of Constabulary (HMCIC), which includes representatives from the Association of Police Authorities, the Association of Chief Police Officers and the Home Office, together with an independent member, now looks at all cases.
323. As part of the new arrangements, it was decided that the Panel should be able to exercise the Secretary of State's power of approval in routine cases. A change to the primary legislation is needed to allow this to happen. This clause introduces provision allowing the Secretary of State to delegate his approval. Since the Panel is not a statutory body, the approval powers are being delegated to HMCIC. In practice, HMCIC will act in agreement with the Panel.
324. The clause similarly confers powers to delegate powers of approval of an officer acting as a chief constable for more than 3 months to HMCIC.
Clause 63: Director General of NCIS325. This clause amends section 6 of the Police Act 1997 to broaden the eligibility for appointment as Director General of the National Criminal Intelligence Service. Currently the post is open only to chief constables; the Commissioner of the City of London police; the Commissioner, Assistant Commissioners and Deputy Assistant Commissioners of the Metropolitan police; or officers eligible to be appointed to these ranks, and the Director General holds the rank of Chief Constable. The intention is that any person with relevant experience and expertise should be eligible to apply.
326. NCIS is a multi-agency organisation employing civilians and police officers. The Director General's job is not comparable to that of a Chief Constable in so far as the exercise of police powers is concerned. NCIS's focus is on intelligence, not operational work, and police officers are not the only individuals with the skills and expertise necessary to head the organisation.
327. The clause provides that if a police officer is appointed as Director General, he will (as now) hold the rank of Chief Constable. A civilian so appointed will not have that rank, but will have the necessary powers to carry out his functions through existing legislative provision. The authority the Director General has is drawn from his position as Director General, rather than by virtue of being a Chief Constable. For example, the Director General is specifically mentioned in the Regulation of Investigatory Powers Act 2000, and in the Police Act 1997 relating to mutual aid and temporary service.
328. Subsection (2) provides that a panel of the Service Authority shall draw up a shortlist of candidates for approval by the Secretary of State. The current wording restricts the list of candidates to those "eligible for appointment".
329. Subsection (3) deletes subsection 6(3) of the 1997 Act. That subsection lists the police officers eligible to apply to be Director General.
330. Subsection (4) adds a new subsection (5A), which provides that the Director General shall not be attested as a constable if he was not a serving officer before his appointment, or is already attested as a constable.
331. Subsection (5) provides that subsections 6(6) and (7) of the 1997 Act will not apply if the Director General is not a police officer. These subsections confer on the Director General the powers of a constable and the rank of chief constable.
332. Subsection (6) adds two new subsections to section 6 of the 1997 Act, defining terms used in that section.
Clause 64: Police members of NCIS333. With the exception of senior officers, the Police Act 1997 only allows police officers to be seconded to NCIS, rather than working there permanently. Furthermore, it restricts secondments to NCIS to officers from the forty-three forces of England and Wales, forces in Scotland and the Police Service of Northern Ireland.
334. This clause amends section 9 of the Police Act 1997 to extend the secondment provisions in the Police Act 1997, enabling NCIS to take officers from the Ministry of Defence police on secondment.
335. It also provides, for the first time, that NCIS may recruit police officers of any rank directly from police forces, rather than rely solely on secondments. NCIS will advertise for officers in the same way as territorial forces. The intention is that only serving police officers may apply, but from a wide range of forces. In addition to the forces from which NCIS will be able to second, NCIS will be able to recruit officers from the British Transport Police and from the Channel Islands and Isle of Man. The recruitment pool (but not the secondment pool) for NCIS and NCS will be identical.
336. Subsection (2) provides that, subject to new subsection (3), police officers of any rank may be appointed as police members of NCIS, in addition to being engaged there on temporary service.
337. Subsection (3) replaces the existing subsection (3) to provide that police officers may be recruited from: any force maintained under section 2 of the Police Act 1996; the Metropolitan Police or City of London Police; police forces in Scotland and the Police Service of Northern Ireland; the National Crime Squad; the Ministry of Defence Police; the British Transport Police; and the police forces of Jersey, Guernsey and the Isle of Man. It also provides that officers on temporary service may be recruited on a permanent basis.
338. Subsection (4) amends subsection (9) to provide that the appointment of police officers at the rank of assistant chief constable may not be delegated to the Director General from the Service Authority.
339. Subsection (5) adds a new subsection (9A), which defines 'temporary service'. The effect of this provision is to extend the pool of officers who may be seconded to NCIS to include officers from the Ministry of Defence Police.
Clause 65: Police members of NCS340. With the exception of senior officers, the Police Act 1997 only allows police officers to be seconded to NCS, rather than working there permanently. Furthermore, it restricts secondments to NCS to officers from the forty-three forces of England and Wales. This is more limited than the provisions in the 1997 Act relating to NCIS, and reflects the fact that the NCS operates only in England and Wales.
341. This clause amends section 55 of the Police Act 1997 to extend the secondment provisions in the Police Act 1997, enabling NCS to take officers from the Ministry of Defence police on secondment.
342. It also provides, for the first time, that NCS may recruit police officers of any rank directly from police forces, rather than rely solely on secondments. NCIS will advertise for officers in the same way as territorial forces. The intention is that only serving police officers may apply, but from a wide range of forces. In addition to the forces from which NCS will be able to second, NCS will be able to recruit officers from Scotland, Northern Ireland, the British Transport Police and from the Channel Islands and Isle of Man. The recruitment pool (but not the secondment pool) for NCIS and NCS will be identical.
343. Subsection (2) provides that, subject to new subsection (3) police officers of any rank may be appointed as police members of NCS, in addition to being engaged there on temporary service.
344. Subsection (3) replaces the existing subsection (3) to provide that police officers may be recruited from: any force maintained under section 2 of the Police Act 1996; the Metropolitan Police or City of London Police; police forces in Scotland and the Police Service of Northern Ireland; the National Criminal Intelligence Service; the Ministry of Defence Police; the British Transport Police; and the police forces of Jersey, Guernsey and the Isle of Man. It also provides that officers on temporary service in the NCS may be recruited on a permanent basis.
345. Subsection (4) amends subsection (9) to provide that the appointment of police officers at the rank of assistant chief constable may not be delegated to the Director General from the Service Authority.
346. Subsection (5) adds a new subsection (9A), which defines 'temporary service'. The effect of this provision is to extend the pool of officers who may be seconded to NCS to include officers from the Ministry of Defence Police.
Clause 66: Three year police strategy plans347. This clause amends the Police Act 1996, requiring police authorities to produce, every three years, a plan that sets out the strategic direction and focus for the force area, incorporating an overview of demographic changes since the previous plan and any consequential refocusing of policing activity and resources. The purpose of the plan is to focus on the medium to longer term direction of the force, which is often not possible in the annual plans that they already produce. It should highlight future developments required for the effective policing of the force area, taking into account local circumstances and proposed national initiatives.
348. Subsection (1) inserts a new section 6A in the Police Act 1996. New section 6A(1) requires the production of a new three year strategy plan by police authorities.
349. New section 6A(2) says that the first draft of the strategy plan is to be prepared for the police authority by the chief officer of the force area.
350. New section 6A(3) refers to the new annual National Policing Plan, which is introduced by clause 1 of this Bill. It requires that the police authority ensure the strategy plan is consistent with the annual national plan that is in place at the time of its issue, and also with those issued during the three year period of the strategy plan. Consequently, and also in view of the possibility of local changes, new section 6A(5) makes provision for the police authority to amend the strategy plan during its three year span.
351. In turn, the three year strategy plan will inform the subordinate plans already required of police authorities. New section 6A(13) ensures that this is the case for the best value plan required under section 6 of the Local Government Act 1999. Similarly, subsection (2) ensures that this is the case for the local policing plan required under section 8 of the Police Act 1996. Subsection (3) requires that the police authority's annual report, provided for under section 9 of the Police Act 1996, assesses the extent to which the strategy plan has been implemented.
352. New section 6A(4) requires the chief officer to have regard to the views of the public in the force area before he submits the first draft of the strategy plan. These are to be obtained in accordance with the procedures already in place under section 96 of the Police Act 1996, which requires police authorities to make arrangements for, amongst other things, obtaining the views of the people in the force area about matters concerning the policing of the area.
353. New section 6A(6) says that the Secretary of State will issue (and can revise) guidance on the form and content of the strategy plans, to which police authorities and chief officers must have regard.
354. Before the plan, or any amendment to it, is finalised, the police authority is required to submit it to the Secretary of State (new section 6A(8)). If the Secretary of State concludes that the proposed plan, or any modification to it, is inconsistent with the National Policing Plan, he must inform the police authority of his conclusions, having first consulted the relevant authority and chief officer and persons representing police authorities and chief officers as a whole (i.e. the APA and ACPO) (new sections 6A(10) and (11)). New section 6A(9) provides that plans should be published and a copy sent to the Secretary of State.
355. New section 6A(12) ensures that the police authority consults with the chief officer before altering a three year strategy plan in any way.
356. New section 6A(14) provides that the procedure for submitting plans and the start date of the first set of strategy plans will be set out by regulations made by statutory instrument. The period to be covered by the first strategy plan may be less than three years to enable the planning periods for police authority plans to be aligned with those for Crime and Disorder Reduction Partnerships (CDRPs).
Clause 67: Quorum for the Service Authorities under the 1997 Act357. This clause replaces the quorum for the NCIS/NCS Service Authority - paragraph 4(1) of schedule 2A to the Police Act 1997 (as amended by the Criminal Justice and Police Act 2001). The 2001 provisions have not been brought into effect.
358. The quorum introduced in the 2001 Act replaced a simple quorum of one quarter of the membership. This was contained in schedule 1 to The Police Act 1997 (Provisions in relation to the NCIS Service Authority) Order 1998 (SI 1998/63), which introduced provisions analogous to those applying to police authorities. That was repealed as a consequence of the repeal of section 44 of the 1997 Act.
359. The quorum currently in the 2001 Act requires the attendance of at least one ACPO member and at least one APA member, as well as an independent member appointed by the Secretary of State. The problem is that there is only one ACPO member and one APA member on the new NCIS Service Authority. If either one were absent, the effectiveness of the Service Authority would be seriously impeded, as it would not be able to conduct any formal business. The effect on the NCS Service Authority is less serious, because it has two ACPO and two APA members.
360. The quorum introduced in this Bill will require a minimum of four members to be present (of a membership of 11). Of the four, at least one must be, under new subparagraph (1A)(a), a person appointed by the Secretary of State (an independent member) and at least two others must be, under new subparagraph (1A)(b), core members, but not Crown Servants appointed under paragraph 6 or 6A of schedule 1 to the 1997 Act by the Secretary of State or a Customs Officer. The common core membership of the two service authorities is eight strong and comprises: 3 or 4 independent members (including the Chairman) appointed by the Secretary of State, 1 or 2 (depending on the number of independent members) Crown Servants appointed by the Secretary of State, 1 chief police officer, 1 member of a police authority, and 1 customs officer.
361. Paragraph 4(1) of schedule 2A to the Police Act 1997 was not brought into effect with other provisions introduced by schedule 6 to the Criminal Justice and Police Act 2001. This means that there will be no statutory quorum for the Service Authorities from April 2002, when the new Authorities start work, until provisions contained in this Bill are brought into effect. Appropriate interim measures are being introduced in the standing orders of the Service Authorities.
Clause 68: Crime and disorder reduction partnerships362. The Crime and Disorder Act 1998 provides a statutory framework for responsible authorities - currently police and local authorities and commonly known as Crime and Disorder Reduction Partnerships (CDRPs) - to develop and implement a strategy to reduce crime and disorder in their area. They must co-operate with a wide range of other local agencies, including probation, health, police authorities and the private and voluntary sector. There are 354 CDRPs in England and 22 in Wales.
363. Drug Action Teams (DATs) were set up in 1995 under the white paper 'Tackling Drugs Together' (CM 2846) with responsibility for delivering the Government's anti-drugs programmes at a local level. Although not formally accountable for their overall performance (they do not have statutory status), DATs are financially accountable for the sums of money which come to them as pooled budgets. There are 149 DATs in England, aligned along local authority boundaries. They bring together senior representatives of all the local agencies involved in tackling the misuse of drugs, including the health authority, local authority, police, probation, social services, education and youth services, and the voluntary sector. In Wales, the relevant bodies are Drug and Alcohol Action Teams (DAATs) with responsibility for delivery of local strategies on substance misuse.
364. The purpose of this clause is to enable responsible authorities to merge local CDRPs and DATs and to raise local delivery of the National Drugs Strategy onto a statutory footing. The Bill also proposes that partnership areas may merge in the interests of reducing crime and disorder or the misuse of drugs. In order to maintain the profile of treatment-related aspects of the Drugs Strategy and the contribution of health to the wider crime and disorder reduction agenda, health will be deemed a responsible authority for development and delivery of the wider crime reduction agenda.
365. This clause and clause 69 apply slightly differently to Wales compared to England. This is because local government is a devolved matter, for which the National Assembly for Wales is responsible.
366. Moreover, in as far as this clause and clause 69 relate to local government areas in Wales, they come into force on the days that the National Assembly for Wales will specify by order made by statutory instrument (see clause 79(4)).
367. Subsection (1) provides for amendments to the Crime and Disorder Act 1998, which establishes the requirement for responsible authorities - police and local authorities - to jointly formulate and implement a crime and disorder reduction strategy for their area.
368. Subsection (2) provides that the relevant health organisation is added to the list of responsible authorities required to formulate and implement a crime and disorder reduction strategy. In England, this is every Primary Care Trust the whole or part of which lies within the local government area; in Wales, this is every health authority the whole or part of which lies within the local government area.
369. Subsection (3) provides that the Secretary of State may by order merge two or more partnership areas in England if he considers it would be in the interests of reducing crime and disorder or the misuse of drugs. Such an order may be at the joint request of the relevant responsible authorities or on the direction of the Secretary of State after consultation with the responsible authorities.
370. Subsection (4) amends the provisions in the 1998 Act for consultation with stakeholders who are not responsible authorities under that Act. The effect of subsection (4)(a) is to remove the obligation to consult the relevant health organisation, as under this Bill this is now a responsible authority. Subsection (4)(b) adds that, in Wales, the National Assembly for Wales may specify by Order other persons or bodies to be consulted.
371. Subsection (5) allows the National Assembly for Wales to specify by Order other persons or bodies to be asked to participate in the exercise of functions by the responsible authorities. This is in addition to those whom the Secretary of State may specify by Order under current legislation.
372. Subsection (6) maintains the requirement for the responsible authorities in England and Wales to produce a strategy for the reduction of crime and disorder in the area and provides a new requirement for those in England to produce a strategy for combating misuse of drugs and for those in Wales to produce a strategy combating substance misuse (reflecting the wider remit of DAATs in Wales to DATs in England).
373. Subsection (7) makes further provision for responsible authorities in Wales when formulating and implementing a strategy combating substance misuse: responsible authorities must also have regard to guidance issued by the National Assembly for Wales.
374. Subsection (8) makes similar provision for reviews by responsible authorities as subsection (6) does regarding the production of strategies by responsible authorities. It retains the existing requirement for responsible authorities in England and Wales to carry out a review of the levels of patterns of crime and disorder in the area, and provides a new requirement for those in England to carry out a review on the levels and patterns of the misuse of drugs in the area and for those in Wales to carry out a review on the levels and patterns of substance misuse in the area.
375. Subsection (9) provides for the responsible authorities to submit a review of implementation of their strategies within one month of the end of each reporting period - in England to the Secretary of State, and in Wales to the Secretary of State and to the National Assembly for Wales.
376. Subsection (10) provides that the reporting period for submission of a review on implementation of the strategy shall be on an annual basis.
377. Subsection (11) allows the National Assembly of Wales as well as the Secretary of State to exercise powers of Ministers by statutory instrument. It also stipulates that the new order-making powers for the Secretary of State (but not the National Assembly for Wales) proposed under this clause will be subject to negative resolution procedure.
378. Subsection (12) makes transitional provision for England to ensure that the provisions of the Bill apply to the period before Primary Care Trusts are established.
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