HL Deb 03 April 2003 vol 646 cc1500-3

22 After Clause 18, insert the following new clause—

"APPOINTMENT OF CONSTABLES WITH SPECIAL POLICING SKILLS (1) The Police (Northern Ireland) Act 2000 (c.32) is amended as set out in subsections (2) to (5). (2) In section 36 (appointments to the Police Service of Northern Ireland) after subsection (3) (training requirements for persons appointed to rank of constable) insert— (4) Subsection (3) does not apply to a person appointed in pursuance of an authorisation under section 47A(1). (3) After section 47 insert—

"47A APPOINTMENTS TO POLICE SERVICE OF NORTHERN IRELAND IN SPECIAL CIRCUMSTANCES (1) The Board may if requested to do so by the Chief Constable authorise the appointment to the rank of constable in the Police Service of Northern Ireland of a specified number of persons—

  1. (a) who have a specified policing skill, but
  2. (b) who have not complied with the requirements in paragraphs (a) and (b) of section 36(3).
(2) The Board shall not give an authorisation under subsection (1) in relation to persons who have a particular policing skill unless it is satisfied—
  1. (a) that the requirements of subsection (3) are met;
  2. (b) that any further requirements which are specified by it under subsection (4) and which apply in relation to the giving of the authorisation are met.
(3) The requirements are—
  1. ( a) that there is a need for more persons who have the policing skill to be appointed to the rank of constable in the Police Service of Northern Ireland;
  2. (b) that the need cannot be met by the appointment of persons who have complied with the requirements in paragraphs (a) and (b) of section 36(3).
(4) The Board may specify further requirements which apply in relation to the giving of an authorisation under subsection (1). (5) Any requirements specified under subsection (4) may apply in relation to the giving of all authorisations under subsection (1) or to the giving of a particular authorisation or description of authorisation. (6) In this section "specified" means specified by the Board. (4) In paragraph 17(4) of Schedule 1 (procedure for Board decisions) for "paragraph 18" substitute "paragraphs 17A and 18". (5) After paragraph 17 of Schedule I insert—

Authorisations under section 47A(1)

17A The Board shall not give an authorisation under section 47A(1) unless a proposal to do so has been approved by each member of the Board present and voting on the question at a meeting of the Board."

(6) The preceding provisions of this section expire at the end of a period of two years starting on the day on which this Act is passed.

(7) The Secretary of State may by order amend subsection (6) by substituting "four years" for "two years".

(8) An order under subsection (7) niay be made only with the prior authorisation of the Board.

(9) The Board shall not give an authorisation under subsection (8) unless a proposal to do so has been approved by each member of the Board present and voting on the question at a meeting of the Board.

(10) In paragraph 17(4) of Schedule 1 to the Police (Northern Ireland) Act 2000 (c.32) (procedure for Board decisions) after "18" insert "and section (Appointment of constables with special policing skills)(9) of the Police (Northern Ireland) Act 2003".

(11) An order under subsection (7) may not be made after the end of the period of two years specified in subsection (6)."

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 22.

The amendment provides for a limited exception to the 50:50 recruitment arrangements. The Chief Constable will therefore be able to address the current shortage of experienced officers with special policing skills at the rank of constable. A number of your Lordships have raised this question. The amendment was put forward by the Policing Board, with the unanimous support of its members. I welcome the fact that they have responded so constructively. It is a great credit to the board members that they are working in such a way, so co-operatively. that they came to unanimous agreement on such a sensitive issue.

The provision will allow the Chief Constable to bring into the police service a specified number of officers with specialist policing skills where he can demonstrate that there is a significant shortfall—for instance, detectives. He can use it only when certain criteria established by the board have been met, and where the board members unanimously approve its use.

These exceptional arrangements will be available for two years, starting from Royal Assent. The Secretary of State may extend the life of the provision on one occasion only, to allow it to operate for a maximum period in all of four years. Such an extension would require the unanimous agreement of the Board.

This route of entry will be very much the exception. We see it as a temporary measure to plug the skills gap, about which a number of your Lordships were concerned, created largely as a consequence of the severance scheme. It is in no sense a watering down of, or fundamental departure from, the 50:50 requirement.

I commend the amendment.

Amendment No. 22C would enable the measures to be activated with the approval of a majority of the Policing Board. The board has shown great maturity on this and earlier occasions—for example, on symbols—and I am sure that it will do so in the future. The detail of this exceptional mechanism has been the subject of lengthy and painstaking consideration by the board, which of course includes representatives of the Ulster Unionist Party, and it has expressly requested that its unanimity be a precondition for the mechanism's use. We are eager to honour the board's wishes in this regard, and I therefore invite the noble Lords concerned not to press the amendment.

Amendments Nos. 22A, 22B and 22D, taken together, would require the Secretary of State. if asked by a majority of the board, to make an order suspending the 50:50 provisions. Given the strength of support for Amendment No. 22, both here and in the other place, I very much hope that their Lordships will be prepared to withdraw these amendments. We discussed this matter at length earlier. It would be much too radical a departure from 50:50, which is the cornerstone of our policy.

Moved, That the House do agree with the Commons in their Amendment No. 22. —(Lord Wih'iams of Mostyn.)

AS AMENDMENTS TO COMMONS AMENDMENT N O. 22

22A Line 39, at end insert—

"47B APPOINTMENTS TO POLICE SERVICE OF NORTHERN IRELAND (1) In the event that—

  1. (a) the Chief Constable is unable to appoint his required number of police trainees or police support staff, or
  2. (b) the number of serving officers is below that intended at the time of consideration,
the Secretary of State shall, at the request of the police board and acting on the recommendation of the Chief Constable, make an order to suspend the provisions of section 46 of the Police (Northern Ireland) Act 2000 for a period of six months.

22B Line 41, after "17A" insert ", 17B"

22C Line 45, leave out "each member" and insert "a majority"

22D Line 47, at end insert—