The Police Reform and Social Responsibility Bill (the Bill), introduced in the House of Commons on 30 November 2010, is replete with requirements for the provision of information. The Bill is primarily, but by no means exclusively, concerned with police reform. Part 1 of the Bill contains provisions to abolish police authorities (excluding the City of London) and replace them with directly elected Police and Crime Commissioners for each police force outside London, and the Mayor’s Office for Policing and Crime for the Metropolitan Police. Police and Crime Commissioners will be responsible for holding the chief constable of their police force to account for the full range of their responsibilities. The chief constable will retain responsibility for the direction and control of the police force. Part 1also contains provisions for establishing Police and Crime Panels for each police area. The role of the Police and Crime Panel will be to advise and scrutinise the work of the police and crime commissioner.
Part 1 states the basic duties of a police and crime commissioner. These include publishing a police and crime plan, setting the local police and crime objectives, and setting the local precept and annual force budget (including contingency reserves) in discussion with the chief constable. Provisions are also included in Part 1 for police and crime commissioners to appoint, suspend and dismiss the chief constable of their police force. The appointment of all other officers will remain a matter for the chief constable. Part 1 also contains provisions for the first and subsequent elections of police and crime commissioners. Police and crime commissioners will hold office for four years and can only hold office for a maximum of two terms. The two terms need not be consecutive.
Clause 11 of the Bill imposes obligations on a police and crime commissioner and the Mayor’s Office for Policing and Crime in relation to the publication of information. Subsections (1) and (6) allow the Secretary of State to specify by order information which a police and crime commissioner and the Mayor’s Office for Policing and Crime must publish, and also to specify the time and manner of publication. It is anticipated that this power will be used to ensure the publication of standard information as to numbers of staff and the rates of their pay, items of expenditure above a specified monetary limit, and any gifts or loans received. Subsection (2) requires a police and crime commissioner and the Mayor’s Office for Policing and Crime to publish such further information as is necessary to allow local people to assess the performance of the body itself and also that of the chief officer of police for the police area (either the chief constable or, in the metropolitan police district, the Commissioner).
Clause 12 requires a police and crime commissioner and the Mayor’s Office for Policing and Crime to produce an annual report. Subsection (1) requires an annual report to show, in respect of the financial year in question, how the police and crime commissioner or the Mayor’s Office for Policing and Crime has carried out his functions and the progress made in meeting the objectives in the police and crime plan. Subsections (2) to (5) make provision for the police and crime panel to scrutinise the annual report. Subsections (6) and (7) require a police and crime commissioner and the Mayor’s Office for Policing and Crime to publish each annual report in such manner as he thinks fit. Subsection (8) allows a police and crime commissioner and the Mayor’s Office for Policing and Crime to produce reports other than the annual report.
Clause 13 allows a police and crime panel to require its police and crime commissioner or (in the case of the metropolitan police district, the Mayor’s Office for Policing and Crime) to provide it with information. Subsection (1) requires a police and crime commissioner or the Mayor’s Office for Policing and Crime to provide the police and crime panel with any information they reasonably require in order to carry out their duties. Subsection (2) excludes from the requirement under subsection (1) information which, in the view of the chief constable it would be harmful to disclose for various reasons set out in the subsection. This does not prevent the disclosure of the information to the police and crime panel; it means that the police and crime commissioner or the Mayor’s Office for Policing and Crime is not required to disclose it.
Clause 88 makes the chief inspector of constabulary (and thus the inspectors) subject to the duties under the Freedom of Information Act 2000 to confirm that requested information is held, and to provide it.
James Goudie QC