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Police Authorities of Wales

Evidence to the Richard Commission
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
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.

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.

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.
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.
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
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.
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