Police Bill changes
01 March 1994
The government has made further amendments to the Police and Magistrates' Court Bill following continued opposition in the House of Lords (where the Bill was introduced) and from police and local authority organisations (see Statewatch, vol 4 no 1).
On 14 February the government withdrew the controversial Clause 45 (affecting police in Scotland) which would have allowed the Secretary of State for Scotland to direct local forces to undertake specific operations. Police organisations had objected to what they saw as the "political control of operational policing".
On 15 March the proposal for the Home Secretary to appoint the proposed five "independent" members of local police authorities from a panel chosen by two Lord Lieutenants and an professional recruitment consultant was dropped. In part because the Lord Lieutenants themselves did not want to become involved in what they saw as political appointments. Instead police authorities will co-opt five "independent" members from a shortlist agreed by the Home Secretary. The shortlist will be drawn up by "local panels" comprising one person appointed by the Home Secretary, one chosen by the combined councillors and magistrates on the authority, and one person chosen jointly by the other two. From the shortlist of 20 they draw up the Home Secretary will chose 10 from which 5 will then be chosen by the police authority. The criteria for selection will be at the Home Secretary's discretion. In another concession the size of police authority is to be increased from 16 to 17 giving one additional local councillor (the proposed composition would thus be: 9 councillors, 3 magistrates, and 5 "independent" members). When the new scheme was announced by the Home Office Minister Lord Ferrers they were greeted with laughter. Lord Jenkins, the Liberal peer, said it was a classic case of how not to legislate, it was "humiliation by instalment", he said. Lord Callaghan, an ex-Home Secretary, said it was an elaborate farce.
These changes will be largely symbolic because the basic decision to cut police authorities off from local councils and make them quangoes still stands as does the power for the Home Secretary to set policing "objectives".
Association of Metropolitan Authorities briefing 15.3.94; Scottish Office press release 14.2.94; Guardian & Times, 22.2.94; Guardian & Independent 1.3.94.<