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Police Bill HL Bill 88 O0f 1996-97: National Policing Structures

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Police Bill HL Bill 88 O0f 1996-97: National Policing Structures The Police Bill [Bill 88 of 1996/97]: National Policing Structures Research Paper 97/21 11 February 1997 The Police Bill [HL][Bill 88 of 1996-97] has completed its passage through the House of Lords and is due to be considered on Second Reading in the House of Commons on Wednesday, February 12th 1997. This paper considers Parts I and II of the Bill, which make statutory provision for the UK-wide National Criminal Intelligence Service (NCIS) and the National Crime Squad for England and Wales (NCS), and for the creation of service authorities to maintain these two services. Part IV of the Bill, which seeks to place the Police Information Technology Organisation (PITO) on a statutory basis as a non-departmental public body, is also considered. PITO's remit will initially cover Great Britain but will subsequently be extended to Northern Ireland. Part III of the Police Bill, which extends throughout the UK and seeks to make statutory provision for the use of intrusive surveillance techniques by the police and HM Customs and Excise by permitting entry on or interference with property or wireless telegraphy in certain circumstances, is considered in Library Research Paper 97/22. Part V of the Bill, which is intended to implement proposals for access to criminal records for employment and related purposes set out in the White Paper On the Record [CM 3308] is considered in Library Research Paper 97/23 Mary Baber Home Affairs Section House of Commons Library Summary This paper is concerned with the provisions in the Police Bill [H.L] [Bill 88 of 1996-97] relating to the National Criminal Intelligence Service (NCIS), the National Crime Squad (NCS) and the Police Information Technology Organisation (PITO). It is not concerned with the provisions in the Police Bill relating to intrusive surveillance by the police or the proposed new arrangements for the disclosure of criminal records for employment and other related purposes, which are considered separately in Library Research Papers 97/22 and 97/23 respectively. The Police Bill has completed its passage through the House of Lords and is due to be considered on Second Reading on Wednesday, February 12th 1997. The present organisation of police forces in Britain, including the tripartite system of control and accountability involving chief constables, police authorities and the Home Secretary, is described in the first part of this paper. Significant changes in the arrangements for England and Wales were introduced in 1995 when some of the principal policing provisions in the Police and Magistrates Courts Act (discussed in Library Research Paper 94/59) were implemented. The paper sets out the current arrangements for shared police services and the role of the regional crime squads and the National Criminal Intelligence Service (NCIS) which was created in 1992 as a common police service financed by the Home Office. The debate about whether or not the large number of existing police forces should be merged into a smaller number of regional forces or a single national police force is discussed in the second part of this paper, along with more recent suggestions that a national crime squad be created to deal with particular problems which tend to cross existing police force boundaries, such as the threat posed by national and international organised crime. The Government has accepted the argument that a new national crime squad is needed, and Part II of the Police Bill, which only extends to England and Wales, is designed to provide for the establishment of such a force. Part I of the Police Bill, which extends throughout the UK, seeks to provide a statutory basis for the NCIS. The third part of this paper discusses the provisions in Parts I and II of the Bill concerning NCIS, the National Crime Squad (NCS) and the service authorities which are to maintain them. The extent of the Home Secretary's role in appointing members of the new service authorities and the Bill's provisions for funding the new bodies through a compulsory levy on police authorities in England and Wales, were the subject of criticism from some peers during the Bill's passage through the House of Lords. A Home Office paper setting out the Government's view of the accountability and funding arrangements for NCIS and NCS is set out in Appendix 1 to this paper. The final section of this paper is concerned with proposals in Part IV of the Bill to establish the Police Information Technology Organisation (PITO), which was set up on an interim basis in April 1996, as an executive non-departmental public body (NDPB) The intended functions of PITO are to promote the delivery of national information technology services in support of the police, such as the Police National Computer, secure a co-ordinated approach to the development of local information technology systems in England and Wales through the implementation of the national strategy for police information systems and provide a procurement service for the police in areas where national supply arrangements are appropriate. A Home Office paper on accountability and funding arrangements for PITO is set out in Appendix 2 to this paper. Contents Page A. The current organisation of police forces in Britain 5 Shared police services 6 Regional Crime Squads 6 National Criminal Intelligence Service (NCIS) 7 B. Proposals for organising policing structures on 9 a national basis C. The Police Bill [H.L.] Parts I and II 16 The National Criminal Intelligence Service (NCIS), the 19 National Crime Squad (NCS) and their service authorities Powers and duties of the NCIS and NCS service authorities 26 and the Secretary of State, and the appointment of members of NCIS and NCS Financing NCIS and NCS 30 D. The Police Bill. Part IV - The Police and 32 Information Technology Organisation (PITO) Appendix 1 34 Accountability and Funding Arrangements for the national Criminal Intelligence Service and the National Crime Squad - Home Office November 1996 Appendix 2 46 Accountability and Funding Arrangements for the Police Infomation Technology Organisation (PITO) - Home Office December 1996 Research Paper 97/21 A. The current organisation of police forces in Britain At present there are 52 British police forces, most of which are organised on a local basis. There are 43 such forces in England and Wales (including the Metropolitan Police and the City of London Police, which are responsible for policing London), 8 in Scotland and 1 - the Royal Ulster Constabulary - in Northern Ireland. The provision of efficient and effective police services is the responsibility of the Home Secretary and the Secretaries of State for Scotland and Northern Ireland, together with the police authorities and chief constables of the particular forces. Funding for the police is provided by both central and local government. The provincial police forces are headed by chief constables, who are responsible for the direction and control of their forces and for the appointment, promotion and discipline of all ranks below assistant chief constable. On matters of efficiency they are generally answerable to their police authorities, to whom they are required to submit annual reports, with copies being sent to the Secretary of State. In the Metropolitan Police area the commissioner of police and his deputies are appointed on the recommendation of the Home Secretary. In England and Wales police forces are maintained by local police authorities, which appoint chief constables and provide buildings and equipment.The Home Secretary is the police authority for the Metropolitan Police Service. The principal Act concerning the administration of the police service in England and Wales is the Police Act 1964, which established the tripartite structure under which responsibility for the police is shared between the central government in the form of the Home Secretary, local police authorities and chief constables. The 1964 Act was amended by the Police and Magistrates Courts Act 1994, which implemented changes proposed in the 1993 White Paper Police Reform1. The 1994 Act introduced changes in the tripartite relationship and set up new free-standing police authorities in each of the 41 police areas outside London. (The background to the changes brought about by the 1994 Act is set out in Library Research Paper 94/59 on The Police and Magistrates Courts Bill). The various Acts concerning the organisation of the police have since been consolidated in the Police Act 1996. As a result of changes proposed in and introduced by the 1994 Act, appointments to police authorities now include independent members as well as local councillors and magistrates. The standard size of a police authority is set at 17 members, comprising 9 local councillors, 3 magistrates and 5 independent members. The Home Secretary has the power to increase the size of a police authority beyond 17 if local circumstances make this desirable. Under the 1 Cm 2281 5 Research Paper 97/21 arrangements set out in the 1994 Act police authorities set local policing objectives, in consultation with their chief constables and the local community, while the Home Secretary sets priority objectives for the police service as a whole. Key objectives and performance indicators for the police service in 1997-98 were announced by the Home Secretary on November 27 1996.2 The police authority for the Metropolitan Police Service is the Home Secretary. The Metropolitan Police Committee, a 12-member non-statutory body, was set up by the Home Secretary in 1995 to provide advice and assist him in setting the budget, approving and publishing costed policing plans, monitoring the force's performance and other related tasks. Like the changes in the arrangements governing the police forces, the creation of the Committee was first proposed in the White Paper Police Reform.3 In Scotland the new unitary councils act as police authorities.
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