53.In July 2004, in the paper “Animal Welfare, Human Rights - Protecting People from Animal Rights Extremists”, the Government announced that it was considering the possibility of making it an offence to cause economic damage to the suppliers of firms or research groups engaged in the legitimate and licensed use of animals for research purposes.
54.In August 2004, the Department for Transport published a report (available at www.publications.dft.gov.uk) by Professor David Greenaway of the University of Nottingham into uninsured driving in the United Kingdom. Amongst the recommendations of the report was that ‘police forces should be given the power to seize and, in appropriate circumstances, destroy vehicles that are being driven uninsured’. The Government accepted this recommendation (Department for Transport news release 2004/0111, 11 August 2004) and in October 2004 the Department for Transport issued a consultation paper (‘Seizure of vehicles being driven uninsured’, available at www.dft.gov.uk (consultations)) to seek views on the detail of the powers to be conferred on the police.
55.Amongst the issues addressed in the Government’s police reform Green Paper ‘Policing: Building Safer Communities Together’, published in November 2003 (available at www.policereform.gov.uk) was the need for forces and police authorities to provide better information about community safety. The consultation sought views on the kind of information about policing that communities would find most useful, and how this information can be most usefully distributed. The responses to the consultation, which were published in September 2004, indicated broad agreement that information on policing should be made more accessible to the public to enable them to better understand what is happening in their area and engage effectively with the police.
56.In the police reform White Paper, ‘Building Communities, Beating Crime: a better police service for the 21st century’ (Cm 6360, November 2004), the Government indicated that it regarded the dissemination to the public of better information about community safety and policing as being a necessary first step towards increasing local engagement and accountability. To this end, the White Paper signalled the Government’s intention to introduce statutory minimum requirements in terms of what each household can expect to receive by way of local policing information.
57.Policing of the Royal Parks in London is currently the responsibility of the Secretary of State for Culture, Media and Sport under the Parks Regulation Act 1872. Policing has since 1974 been carried out by the Royal Parks Constabulary (RPC), which is part of The Royal Parks, an executive agency of the Department for Culture, Media and Sport. The Royal Parks encompass St James’s Park, The Green Park, Hyde Park, Kensington Gardens, The Regent’s Park (with Primrose Hill), Greenwich Park, Richmond Park and Bushy Park. In addition, the agency manages and polices other areas in London, notably Brompton Cemetery, Victoria Tower Gardens and Grosvenor Square Gardens. The Secretary of State makes parks regulations under the Parks Regulation (Amendment) Act 1926 which apply to all these areas.
58.A report by Anthony Speed in 2000 identified serious shortcomings with the current arrangements for policing the Royal Parks:
The RPC lacks an independent police authority;
Its constables do not have the power to discharge their functions beyond the boundaries of the Royal Parks;
It has suffered recruitment and retention problems over a long period because it cannot offer the career prospects available in other police forces and constables’ pay is pegged to 85.5% of Metropolitan Police Service (MPS) pay.
59.The transfer of policing to the MPS is designed to deal with these issues and so ensure more effective policing of the Royal Parks and more coherent policing across London. In advance of the abolition of the RPC, co-policing of the Royal Parks by the MPS and the RPC has already been introduced from April 2004.
60.The current statutory arrangements for criminal record and other checks for employment vetting purposes are set out in Part 5 of the Police Act 1997. In England and Wales these checks are undertaken by the Criminal Records Bureau (CRB), an executive agency of the Home Office, while in Scotland they are undertaken by Disclosure Scotland. In Northern Ireland a project is currently underway to implement Part 5 of the Police Act 1997. It is intended that the Northern Ireland arrangements for conducting checks will be agreed in early summer 2005, following public consultation on proposals.
61.Separately, Sir Michael Bichard’s Inquiry (June 2004, HC653) recommended (recommendations 23 and 31) improvements in the CRB’s ability to cross-check a variety of databases, so as to increase the quality of its Disclosure service. Specifically, Sir Michael recommended that the CRB should be able to access information held by the UK Passport Agency, Driver and Vehicle Licensing Agency and others, in order better to verify the identity of applicants for Disclosures; and be able to seek non-conviction information for the purposes of Enhanced Disclosures from a wider range of police forces and other organisations than at present; and finally be able to access relevant information held in Scotland, Northern Ireland and other jurisdictions on people considered to be unsuitable to work with children or vulnerable adults.
62.In October 2003, the Home Office issued the consultation paper ‘Securing the attendance of witnesses in court’(4) which invited views on whether to re-introduce witness orders to help address the high level of witness non-attendance in court. The general view of respondents was that the re-introduction of witness orders might undermine existing initiatives to encourage witnesses to come forward and remain engaged in the criminal justice process. There was, however, general acceptance that an element of compulsion could be helpful in targeted cases. On balance, the overall response to the consultation suggested that the way to achieve this was to make more effective use of the existing witness summons as a pre-emptive measure, based on an individual needs/risk assessment before the trial. A summary of the responses was published in January 2005(5). At present a witness summons may only be issued where the court is satisfied that a person ‘will not voluntarily attend as a witness’. The Government believes that this threshold is too high; in many cases the test may not be met until the witness has failed to turn up at the appointed time leading to further trial delays. Accordingly, sections 169 and 170 of the Act substitute new tests for courts and courts-martial respectively.
63.The Private Security Industry Act 2001 introduced a mandatory national licensing scheme for certain categories of persons working in the private security industry, namely: door supervisors, security guards, wheel clampers, private investigators, key holders and security consultants. The 2001 Act also provides for a voluntary approved contractor scheme (although with powers to make it mandatory) and established the Security Industry Authority (SIA) as the industry regulator (www.the-sia.org.uk). The SIA began the licensing of door supervisors in March 2005 and will roll out the licensing of other security operatives through to 2006. The 2001 Act currently extends only to England and Wales.
64.In September 2001 the Scottish Executive issued a consultation paper ‘Regulating the Private Security Industry in Scotland’(6) on options for regulating the industry in Scotland. The consultation canvassed four options:
Self regulation;
Extend the remit of the SIA to cover Scotland;
Establish a separate Scottish SIA; and
Introduce a mandatory local authority licensing system.
65.72 responses were received to the consultation. The Scottish Executive subsequently announced in March 2003(7) that it had concluded that the most effective and efficient means of regulating the private security industry in Scotland would be by extending the remit of the SIA to Scotland. This included the possibility of extending regulation to include precognition agents in Scotland. During 2003 the Executive separately undertook a further informal consultation with interested parties which confirmed that there was widespread support for this.