Police Authorities of Wales
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Evidence to the Richard Commission
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| The Police Authorities of Wales,
through their member association PAW, welcome the opportunity
to present evidence to the Richard Commission regarding
the powers of the National Assembly for Wales. The role
of PAW is to act as a Membership Association for the four
Police Authorities in Wales comprising the Dyfed Powys,
Gwent, North Wales and South Wales Police Authorities.
The main aims of PAW are to: - |
- Consider and act upon issues affecting policing
in Wales, particularly those that are under control
of the National Assembly for Wales
- Maintain a broad Welsh prospectus on police matters
- Promote and protect the interests of member Authorities
- Seek to influence the policing agenda at national
level on behalf of Police Authorities and local communities
in Wales
- Support Police Authorities in securing efficient
and effective policing services across Wales
- Enable Police Authorities to improve
- Promote awareness of policing needs and the role
and achievements of Police Authorities
- Uphold and champion the principles of local accountability
and policing by consent
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| The statutory duties of individual
Police Authorities are set out in Appendix
A. |
| The four police authorities in
Wales represent a broad spectrum of policing. |
- Dyfed-Powys is geographically the largest police
force area in England and Wales and is largely a rural
area that encompasses two National Parks and two ports,
which attract a considerable number of visitors.
- The Gwent police area is the smallest in Wales and
a mixed urban and rural force, incorporating the M4
corridor.
- The North Wales force area is also geographically
large and covers large rural areas as well as towns,
two cities, two ports and a national park area that
brings in significant numbers of tourists.
- The South Wales area is geographically small but
has 42% of the population of Wales and includes the
two cities of Cardiff and Swansea and the South Wales
Valleys areas. South Wales also attracts a large number
of tourists. The capitol City of Cardiff is also the
fastest growing city in Europe and hosts many major
events and is the home of the National Assembly for
Wales. The area also has a ferry port, an international
airport and a regional airport.
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PAW has recently taken up associate membership
of the Welsh Local Government Association. A protocol
between the two organisations sets the agenda for closer
working relationships between the police authorities
and local government and recognises the significant
links that exist between police and local government
services. It provides the opportunity for both to work
together to promote local accountability and decision
making, secure resources for local services and provide
joined up local government and service delivery.
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The Police Authorities of Wales welcome
the greater focus on Welsh issues that has been achieved
by the National Assembly for Wales. PAW considers that
they have a successful and developing relationship with
Assembly Ministers and officials which has enabled improved
contact with government and a greater degree of influence
over Welsh policy issues, however this has been limited
due to the National Assembly for Wales having no direct
powers regarding policing.
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| This paper outlines the position
of the Police Authorities in Wales in relation to three
of the questions that have been posed by the Commission;
impact that devolution has had on the Police Authorities
in Wales, the division of power between Westminster and
Cardiff and the question of whether further powers should
be extended to the National Assembly for Wales. |
| The Impact of Devolution
on the Police Authorities in Wales |
| Although policing is not a devolved
function in Wales there are many policy areas that are
the responsibility of the National Assembly for Wales
that have an impact on policing. This has generally created
a positive impact on policing in Wales. |
| Community safety, youth justice
issues and substance misuse are all within the remit of
the National Assembly and impact on policing. A variety
of funding schemes have been made available from the Welsh
Assembly Government for community safety, including initiatives
such as Communities First. An example of such support
can be seen in North Wales where police are working with
the Welsh Assembly Government in Communities First areas
and will provide over £270,000 to integrate community
beat managers into the areas. Funding is also available
for domestic violence, which positively impacts on policing
at a local level. Significant gains have been achieved
by the police forces in South Wales with the support of
the Assembly, via Operation Tarian. The operation is aimed
at the growing problem of drug use in South Wales. The
objectives of the Operation link with the aims outlined
in the Welsh Assembly Government substance misuse strategy.
This demonstrates the impact on policing that can be made
in Wales with collaboration between the police forces
in this case the Southern Forces, and with the support
of the Assembly. |
| Alongside funding, a unique policy
approach has been taken in Wales including a separate
strategy for youth justice that is currently being developed
and a Wales substance misuse strategy which is already
being implemented with associated funding. These have
focused on the needs of Wales and created avenues of additional
funding that positively impacts on policing and community
safety. |
| Policy areas such as health,
education and housing also impact on crime and policing
and are within the remit of the National Assembly. The
health service structure and policy in Wales differs from
England, as does the education system. This has associated
funding some of which can be used in a community safety
context, especially in the area of substance misuse and
youth justice. Further, the structures have enabled closer
partnership working at local area and national level which
is having a positive impact on the work of the police
and on the strategic approach to community safety. |
| However, the impact is minimised
by the division of policy between Westminster and the
National Assembly for Wales with regard to policing, which
can result in a policy conflict. The National Assembly
for Wales document "Tackling Substance Misuse in Wales"
is focused on the issues that are key in Wales and goes
further in it’s approach than the equivalent document
in England, "Tackling Drugs to Build a Better Britain".
The Welsh policy sets targets to include alcohol and wider
substance abuse. This is to be applauded but does not
feature in PSA’s or the main policy document for
policing, "The National Policing Plan". Police forces
in Wales should be, and are working to a high standard
to address the specific issues in Wales, but there is
a need to ensure that policing for Wales reflects policy
in Wales. Policy areas that influence policing can be
focused to Wales, however policing cannot. |
| A clear impact of devolution
is the close contact between the Police Authorities and
Forces in Wales and Assembly Ministers and officials.
This has enabled closer working with government and increased
influence over policy making. This has been achieved through
regular meetings between PAW and the relevant Ministers.
PAW sees the recent appointment of a Minister for Social
Justice and Regeneration as a positive step. However,
as policing is not a devolved function the impact that
the new portfolio has, and the impact of the closer working
relationships, is limited in terms of policing policy.
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| Since devolution the push for
partnerships and joined up thinking has meant that the
Police Authorities in Wales have developed a close relationship
not only with the National Assembly for Wales but also
local government. PAW has recently taken up associate
membership of the Welsh Local Government Association.
This relationship shows a willingness to follow the lead
of the Assembly and work in partnership on areas of shared
interest. However, again the impact on the police authority
work is minimised due to local government being a devolved
function and policing a non-devolved function. The development
of partnership is limited due to the police authorities
being driven by Westminster policy and procedures, for
example the police authorities are still subject to the
Best Value system, whereas the local authorities are under
the Wales Programme for Improvement. |
| The Division of Power
between Westminster and Cardiff |
| This is a key area of concern
for the Police Authorities of Wales. As previously stated
one of the key impacts of the devolution process is the
ability to focus on issues that directly relate to Wales
but as policing is not a devolved issue only policy areas
that influence policing are led by the Assembly. Policing
is a non-devolved function and the transfer of power of
related issues has lead to considerable confusion in practice
in both Cardiff and Westminster. |
| As the Assembly shapes policy
in Wales the relationship between Welsh policy and Westminster
policy becomes more complex in the area of crime and disorder
and community safety. Legislation and policy from Westminster
has to take into account that policy in Wales is distinct
and this has not always been the case. |
| There are examples of Central
Government Guidance and Statutory Instruments and Circulars
not reaching Police Authorities in Wales because officials
are not clear as to whether their area is relevant to
Wales and there are other examples of Wales issues being
overlooked by Westminster departments. Two such examples
are outlined below. |
| Code of Conduct for Police
Authority Members |
| The four Police Authorities in
Wales with regard to Member conduct issues are required
to follow Regulations issued by the ODPM and Guidance
issued by the Standards Board for England. The requirements
and Model Code are different to those issued by the National
Assembly. This means that our "Councillor" Police Authority
Members have to have regard to two separate codes - (i)
for their local authority and (ii) for the Police Authority.
This can lead to confusion to Members but perhaps more
importantly, to the public. As an aside, the Code and
Guidance issued by the Assembly is far better than that
in England. |
| Notice of Meetings
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| Previously all local authorities
(and Police Authorities) in England and Wales were statutorily
required to give three clear days' notice of their meetings
and for agenda papers to be available. Last year, the
ODPM changed this in England but Police Authorities in
Wales were omitted from the Statutory Instrument, although
it made specific reference to include Police Authorities
in England. This is clearly a case of a mix up by the
ODPM and has left police authorities in Wales in a position
of uncertainty in relation to this matter. |
| These are examples that cause
inconvenience and confusion for Police Authorities in
Wales and their members. There is a feeling that Wales
is being "left out of the loop" and there is the concern
that more serious legislative misalignment could be made. |
| Funding is an area of particular
concern for the Police Authorities in Wales. The perception
is that the needs of Wales in relation to funding are
not fully considered at Central Government leading to
concerns relating to the levels of funding now and in
the future. As funding from central government decreases
then the funding from council tax precepts needs to increase.
This is problematic in Wales as the Assembly has the power
to cap the council tax rises. Thus the control over funding
is in practice split between Westminster and Cardiff and
has led to and could lead to further funding difficulties
in the future for Wales. |
| Further there is a lack of understanding
by Welsh Assembly Government officials regarding the system
for police funding that is issued from central government.
This is currently being addressed in joint working between
the Welsh Assembly Government and the Police Authorities
in Wales, but demonstrates a lack communication between
Cardiff and Westminster. |
| In addition, due to the complexities
of the current funding system there is also evidence that
Challenge Fund bids invited from Westminster Departments
for tackling crime and disorder are not always available
to Welsh Forces and Police Authorities. |
| The division of power between
Westminster and Cardiff in relation to policing needs
clarity to ensure that the specific needs of Wales are
addressed and are consistent with the policy directions
of the Assembly and also ensure that sufficient funding
is available for the police authorities. |
| Should the Powers of the National
Assembly for Wales be extended? |
| The Police Authorities in Wales
broadly agree in principle that if the powers of the National
Assembly for Wales were increased to include policing
then there would be advantages for policing in Wales.
However, it is agreed that this would need extensive and
inclusive discussion and consensus. |
| There a number of issues that
need examination and research before any extension of
power to the National Assembly for Wales could be achieved.
Consideration would have to be given to whether primary
legislative powers would have to be granted to the National
Assembly in order for them to effectively carry out any
extended policing functions. The wider implications of
such an extension in power and the impact on other aspects
of the work of the Assembly would need to be considered.
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| The nature of the relationship
between the National Assembly and other agencies in the
criminal justice system that currently operate on an England
and Wales basis would need to be looked at. Links with
organisations such as the National Crime Squad and the
National Criminal Intelligence Service would have to be
re-evaluated in relation to the four Welsh police forces
if the National Assembly were to assume the responsibility
for policing in Wales. |
| There are questions that would
have to be considered regarding the implications on force
issues that are dealt with on a national basis, for example
training, procurement, the provision of consistent and
compatible IT and communication systems, such as Airwave.
Further, the work of the Police Standards Unit would also
have to be considered. As was demonstrated in the brief
force outline, the forces in Wales are very diverse and
it would be difficult to make a fair comparison between
the 4 forces. For example South Wales Police has greater
similarities with the more metropolitan forces such as
West Yorkshire and Avon & Somerset. The implications
on the police forces in England would also have to be
assessed. |
| Devolving policing would also
affect the balance of power between Westminster and the
National Assembly for Wales. The position of the Welsh
MP’s could be weakened as more power is transferred
to the National Assembly; conversely there would be an
increase of power and responsibility to AM’s. |
| The advantages to policing in
Wales would include consistency in policy between crime
and disorder; community safety and policies that relate
to policing that are already functions of the Assembly.
This would bring policing into line with other policy
areas and give the Assembly the power to target issues
that are specific to Wales. This would enable a joined-up
approach to crime and disorder that would bring policing
into line with related policy areas such as substance
misuse, health, social services and housing. A more cohesive
approach across policy areas would allow for policing
to be prioritised at a local level and move away from
the current position where policing targets are set by
the Home Office. |
| The process of devolving policing
would also provide the opportunity to address the current
problems with the funding system. Tackling these problems
will allow police authorities to effectively fund policing
in Wales and provide an opportunity to ensure that funding
is fair, equitable and transparent across the country,
enabling good performance to be recognised and rewarded
and ensuring the needs of both urban and rural forces
are met. |
| Conclusion |
| The Police Authorities of Wales
acknowledge that the National Assembly for Wales is a
growing and developing body that has only been in existence
for a short time. As such time is needed for the Assembly
to establish itself and develop Welsh polices within a
realistic time frame and with the support of the Police
Authorities in Wales and other partners. The National
Assembly has enabled a greater focus on Welsh issues and
created an environment in which working in partnership
is not only desirable, but essential. The continuation
of the work of the National Assembly for Wales is supported
by the four Police Authorities of Wales. The associated
difficulties that would result in an extension of the
powers of the National Assembly for Wales to include policing
are acknowledged. However, PAW welcomes the opportunity
to open the debate on devolved policing in Wales and hopes
that considered thought is given to the opportunities
that this could present to policing for Wales. |
| Chair Dyfed-Powys Police Authority
– Councillor John Antoniazzi |
| Chair Gwent Police Authority
– V N Waters M.B.E. J.P. |
| Chair North Wales Police Authority
– Councillor Malcolm King |
| Chair South Wales Police Authority
– Councillor Ray Thomas |
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