Crime and Policing Bill Committee Stage Day 11

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services does really important work in shining a light on what is going wrong, but inspection takes us only so far. My amendment asks whether the follow-through is strong enough and whether lessons from other regulated sectors could help turn findings into lasting improvements. In healthcare, education and financial services, regulators are able to require change. Those systems exist because inspection without action does not protect the public. The amendment invites us to consider whether policing oversight could benefit from similar clarity and grip.

My amendment 416A 

416A: After Clause 144, insert the following new Clause—

“Review: compliance and enforcement mechanisms in relation to police powers(1) Within six months of the day on which this Act is passed, the Secretary of State must publish a proposal for approval by the House of Commons on the establishment of an independent commission to investigate the enforcement powers of His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) in relation to the police.(2) The proposal for an independent commission must include terms of reference, which must include, but may not be limited to—(a) a review of the powers available to other independent regulatory and investigative bodies, such as Ofqual, the Care Quality Commission, the Financial Conduct Authority, and Ofsted, for the purposes of comparison,(b) the lessons learned from other regulatory bodies with stronger enforcement powers, and(c) an examination of whether a statutory framework of coordination between HMICFRS, the Independent Office for Police Conduct, and Police and Crime Commissioners, could enhance the enforcement powers available to all three sets of bodies and the accountability of policing in England and Wales.(3) The proposal for an independent commission must set out a timetable for its work including that—(a) the commission should conclude its deliberations within nine months of its establishment, and(b) the Secretary of State must lay a copy of the report before both Houses of Parliament and ensure that time is made available, within a fortnight of the report being laid, in both Houses for a substantive debate on the report’s conclusions.”

Member’s explanatory statement:

This amendment seeks to require the Government to publish a proposal for an independent commission for approval by the House of Commons to review the enforcement powers of His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), including consideration of a statutory framework to enhance the collective enforcement powers of bodies supervising Police Forces in England and Wales.

This is an unusual amendment for me because it is very exploratory. At the end, I am going to ask the Minister three questions, which I would really like an answer to, perhaps in writing if it is not possible today. This amendment is supported by StopWatch, an organisation that seeks accountable and fair policing. This is a crucial element of creating fair policing. When serious problems are found, how confident are we that the system can put them right? The system as it stands is a little jumbled. I suggest that it could do with some streamlining.

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services does really important work in shining a light on what is going wrong, but inspection takes us only so far. My amendment asks whether the follow-through is strong enough and whether lessons from other regulated sectors could help turn findings into lasting improvements. In healthcare, education and financial services, regulators are able to require change. Those systems exist because inspection without action does not protect the public. The amendment invites us to consider whether policing oversight could benefit from similar clarity and grip. The amendment also raises the issue of co-ordination. Are HMICFRS, the Independent Office for Police Conduct, and police and crime commissioners working together as effectively as they can when forces fail to improve? Would clearer statutory alignment help ensure that warnings are acted on and not simply repeated?

Where concerns about proportionality and legitimacy keep resurfacing, it is right to ask whether the oversight framework is strong enough to drive change. As this Bill and others give more and more power to the police, this is the perfect time to ask. I would welcome the Minister’s response on three points. First, how do the Government judge whether inspection findings are actually leading to improvement on the ground? Secondly, have the Government considered whether closer co-operation between oversight bodies could strengthen accountability? Thirdly, are there lessons from other regulatory systems that the Government believe policing can learn from? I look forward to the Minister’s reply and to continuing this discussion as the Bill progresses.

I intervened again later:

I thank all those who have spoken, and I take to heart the comments of Lady Doocey and Lord Davies. Of course I want fast action. I want it all and I want it now—that is my motto for life. It seems that this Committee is always hearing, “Oh, it’s all right, the Government’s dealing with this but you can have it shortly”. It does not matter whether it is talking about protest law or this particular point about accountability and action; there is always a White Paper coming along and we are going to have to wait for that, and why are we doing this Bill now if we do not have all the information we need? Anyway, I do note the Minister’s good intentions, I very much hope to see them put into action, and I beg leave to withdraw my amendment.

Amendment 416A withdrawn.

Hansard record here