Agenda item

            (Mrs. S. Wylie, Director of Health and Environmental Services, attended in connection with this item.)

 

            The Committee considered the undernoted report:

 

1          Relevant Background Information

 

1.1       The Council was invited to provide written evidence to the Justice Committee on the Draft Justice Bill (NI) 2010 on 21st October 2010, with a deadline for submission of 17th November 2010.  An extension to this deadline has been granted until after the Strategic Policy and Resources Committee meeting of 19th November.

 

1.2       The Committee will be aware that at its meeting on 22nd October 2010, Members requested that representatives from the Department of Justice (DOJ) be invited to provide an overview of Part 3 of the draft Justice Bill (NI) 2010 at a briefing session to which all Members of Council were invited.

 

1.3       This briefing session was held on Monday 15th November 2010 and Mr Dan Mulholland and Ms Nicola Creagh of the DOJ provided input the proposals that relate to recommendations for the future integration of the Community Safety and District Policing Partnerships. 

 

            Appendix 1 details a draft response in respect of Part 3 of the Bill on behalf of Belfast City Council based on the comments and queries raised by Members at this briefing. 

 

            In addition to this, Appendix 2 details a short draft response in respect of Part 4 (regulation at sporting events) as this also impacts on the Council’s regulatory functions.

 

2          Key Issues

 

2.1       At present the Council plays a leading role in administering both the District Policing Partnership (DPP) and the Community Safety Partnership (CSP).  However the Justice Bill will provide enabling legislation for a new partnership arrangement which brings both partnerships together.

 

2.2       The Bill specifically describes the new partnership model for Belfast.  This includes:

 

·         A new main Policing and Community Safety Partnership (PCSP) which will perform the wider community safety role.  This will also have a sub committee known as the Policing Committee which shall meet to perform the functions of the current DPP

 

·         New District Policing and Community Safety Partnerships (DPCSPs) for each ‘Police District’ and within each of these, a sub committee known as the District Policing Committee. The DOJ has currently advised that they consider there to be a need for four DPCSPs in Belfast.

 

2.3       Some of the key issues for Council that have therefore been reflected in the response on Part 3 (Appendix 1) include:

 

·         Making a difference in local communities – the need for the focus to be on improving safety within neighbourhoods and not just on structures.

 

·         The complexity of the proposed Belfast structures and implications for Members (in terms of numbers of meetings) and administration (in terms of servicing meetings and making returns).  

 

·         Membership of the PCSP and DPCSP – including implications for, and overall role of, Elected Members, identification and participation of partner organisations and the appointment of independent members.

 

·         Financial assistance and Members’ (both elected and independent) allowances, the latter being no longer specifically allowed for in the legislation. 

 

·         Legal Status of the new partnership and its relationship between the new PCSP and the Council.

 

·         Accountability and governance – the need to ensure proposals support streamlined reporting and the need for clarity in respect of the relationship with the Council. 

 

·         Integration with other structures – the need to ensure that the proposed Belfast model supports integration with existing inter-agency and community-based structures and that the emerging model ensures improved frontline delivery for communities

 

·         Statutory Duty – consideration of the implications of imposing a statutory duty on public bodies to have regard to community safety.

 

3          Resource Implications

 

3.1       Whilst central government spending for 2011/12 has not yet been agreed it has been articulated that that this is ‘not a cost cutting exercise’.  It is anticipated that, in line with current CSP arrangements, a grant shall be awarded to the local Council to support both the running of the new partnership and frontline service delivery. 

 

3.2       It is anticipated that the proposed structural changes will not impact upon the revenue estimates in 2011/12.  However as part of the Council’s response concern has been voiced about the increased administrative burden that the new structures will impose and the resulting re-direction of available staffing resources away from frontline service delivery.

 

3.3       It should also be noted  that the draft legislation does not contain the requirement for 25% match funding from Council (as is the case with the DPP at present) though DOJ has indicated that it is their expectation that there will continue to be a commitment of investment from Council and other partners.

 

3.4       The Bill makes no specific provision to pay allowances for members of the PCSP or DPCSPs (although expenses can be paid).  In its response however Belfast City Council has outlined the implications of this proposal for both independent and Elected Members.  Council officers are also currently in discussion with DOE to determine whether special responsibility payments can be extended to Elected Members for defined roles. 

 

3.5       Part 4 of the draft Bill, relating to regulation at sporting events, contains proposals for new offences and penalties in Northern Ireland based on those which have been operating very effectively in Great Britain for some time. They include new powers around offensive chanting at games, missile throwing and pitch incursion; powers to tackle alcohol-related problems around sporting events; powers to tackle ticket touting; and proposals for a soccer banning order regime that would prevent trouble-makers from attending matches. The package of new powers is proposed in relation to key sporting events across football, GAA and rugby.

 

3.6       These proposals are considered to complement and enhance the objectives of the Safety of Sports Grounds Order in securing the reasonable safety of spectators at designated sports grounds and in regulated stands across Northern Ireland.  Appendix 2 contains a draft response in support of these proposals.

 

4    Equality and Good Relations Implications

 

4.1The Bill itself has been subject to an Equality Impact Assessment.  It is possible however that the implementation of the resulting structural changes in Belfast will need to be subject to further equality screening. 

 

5    Recommendations

 

5.1It is recommended that the Committee endorse the attached draft responses in Appendix 1 and Appendix 2.

 

6    Decision Tracking

 

      None.  The Director of Health and Environmental Services, however will endeavour to update the Committee as appropriate as the Bill progresses through the Assembly.

 

7    Key to Abbreviations

 

      CSP – Community Safety Partnership

      DPP – District Policing Partnership

      DOJ – Department of Justice

      PCSP – Policing and Community Safety Partnership

      DPCSP – District Policing and Community Safety Partnership

 

8    Documents Attached

 

      Appendix 1 – Response to Part 3 of the Justice Bill (NI) 2010 on behalf of Belfast City Council

      Appendix 2 - Response to Part 4 of the Justice Bill (NI) 2010 on behalf of Belfast City Council

 

Appendix 1

 

Proposed Draft Response on behalf of BelfastCity Council to the Draft Justice Bill (NI) 2010

 

19th November 2010

 

      BelfastCity Council would like to thank the Justice Committee for inviting it to submit written evidence on the Draft Justice Bill (NI) 2010.  This submission was considered by the Strategic Policy and Resources Committee on 19th November 2010 subsequent to a briefing session for all Council Members, at which officials from DOJ were in attendance. 

 

      It should be noted that both Belfast Community Safety Partnership and District Policing Partnership shall submit independent responses.

 

Overview

 

      At present the Council plays a leading role in administering both the District Policing Partnership (DPP) and the Community Safety Partnership (CSP).  Since their establishment (in 2003 and 2004 respectively) each has had considerable achievements such as the installation of over 200 alleygates throughout the city, the provision of a city-wide wardens service, and the establishment of over 80 Neighbourhood Watch schemes across the city.  Through this work there has been significant progress in supporting communities to engage with service providers, and in particular the PSNI, in their efforts to tackle crime and antisocial behaviour.  

 

      It has, however, become very apparent that there is increasing overlap and potential for duplication between the work of the CSP and DPP.  Moreover, the distinction between CSPs and DPPs is not understood by the public and the administrative burden of sustaining two separate structures potentially reduces the Council’s ability to focus on delivery of high quality, front line services.  Therefore Belfast City Council welcomes the opportunity to shape the discussion regarding the establishment of a more integrated form of working that should ultimately result in an improved quality of life of the people who live in the city.

 

      Therefore, in broad terms, the Council welcomes the move to bring the two structures together and to align the governance arrangements through the development of a Joint Committee.  

 

      However, having considered the proposals contained within Part 3 and Schedules 1 & 2 of the proposed legislation, Belfast City Council would have a number of concerns that it wishes to highlight to the Committee.  In addition Belfast City Council wishes to seek clarity on a number of proposals in the draft legislation.  The following sections therefore represent a summary of the key areas on which we would wish to comment. 

 

Key Issues

 

      Having considered Part 3, and Schedules 1 & 2, of the Justice Bill (NI) 2010 Belfast City Council wishes to highlight a number of areas for consideration by the Committee:

 

1.      The complexity of the Belfast structure – Belfast City Council has played a fundamental role in leading and supporting both the CSP and DPP since their establishment in 2003 and 2004 respectively.  As such it is keenly aware of the potential overlap and duplication of these structures’ work and also the considerable resource required to support the delivery of each.  Therefore, Belfast City Council welcomes the intention of the Minister to support better integration of the DPP and CSP by the establishment of a PCSP. 

 

         However, Belfast City Council has significant concerns that the proposals (as currently set out) to establish 1 PCSP and 4 DPCSPs in the Belfast area will in practice increase the administrative burden (currently experienced in particular in respect of the DPP) and in so doing reduce our ability to delivery front line services in communities.  It will also place a considerable burden on Elected Members who will sit both on the PCSP and DPCSPs.  Therefore, the Council would have grave concerns that the proposals, as currently formulated, will not bring the intended rationalisation or integration of current structures and service delivery; and will in fact add to the level of administration required at present.  We would therefore be keen to have further discussion with the Department regarding the specific proposals for Belfast.  

 

2.      Integration with other structures – It is also essential that the proposed structure acknowledges the role and potential links with other existing partnership structures within the city.  The Council therefore believes that the Department should give greater consideration of how the PCSP and DPCSPs will integrate with other existing structures; such as the West Belfast Community Safety Forum, PACT, area partnership boards, and neighbourhood structures.  Again, Council would welcome the opportunity to discuss this further with the Department.

 

3.      Ensuring local needs are at the heart of any changes – BelfastCity Council believes that it is imperative that any resulting structural change should ultimately lead to improved community safety and policing across the city.  It is therefore essential that the Justice Bill enables the establishment of structures that support responsive and effective service delivery at a local level.  Belfast City Council would therefore encourage the Committee to ensure that the changes proposed focus on making a difference in local areas.  It would also suggest the input of representative community organisations into the development of this Bill to ensure the proposed changes contribute to this overall aim.

 

4.      Legal Status of the new partnership – WhileBelfast City Council recognises the need for the PCSP to be a multi-agency structure there remains a lack of clarity and concern around the legal status of the PCSP.  The proposal, for example, to establish the PCSP as a statutory body in its own right will carry a considerable administrative burden as a result of administering independent FOI, Equality and Disability schemes, etc.  Moreover, Clause 21 of the Bill provides that the functions of the PCSPs will include providing of financial or other support to persons involved in crime reduction and community safety projects.  However, unlike district councils, the PCSPs will not be constituted as 'bodies corporate', which would allow them to enter into, contractual arrangements such as funding agreements.  While a district council might agree to undertake a funding agreement on the PCSP’s behalf, how would the matter be addressed if the proposed agreement was outside the council's statutory powers, or was in support of a project that the relevant council itself did not support politically?  If it is envisaged that the Council, as is the case with the CSP, should undertake to do this on behalf of the PCSP then it is recommended that this should be made explicit in the legislation. 

 

5.      Relationship to Council – in light of the above BelfastCity Council would wish to seek greater clarity on the relationship between the PCSP and Council.  The legislation for example notes the intention for the PCSP to report into Council; however there is no clarity as to whether Council would assume any degree of accountability for the running and performance of the PCSP.  The lack of clarity in respect of this issue has been experienced in relation to the current DPP arrangements and Belfast City Council would be keen to avoid this confusion in the future.  

 

6.      Accountability – Belfast City Council welcomes the intention in the proposals to streamline reporting and accountability through the establishment of a Joint Committee.  It is noted however that there remains a direct line of reporting from the Policing Committee to the Northern Ireland Policing Board.  Belfast City Council, therefore, is concerned that the proposed model and processes will not, in practice, lead to a more streamlined process of reporting or accountability.  Moreover, greater clarity is sought regarding the relationship between Belfast City Council and the proposed Joint Committee.

 

7.      Financial support – Belfast City Council welcomes the proposal to provide financial assistance to Council towards the running of the PCSP.  The new legislation also places no specific requirement for match funding from the Council or any other organisation.  Belfast City Council undertook to support the establishment of the both the DPP and CSP in good faith on the understanding that there would be sustained financial commitment from Central government.  Therefore, Belfast City Council would advocate that the wording places a greater commitment to continued financial assistance (Schedule 1, Paragraph 17 should read ‘shall’ rather than ‘may’) and that this should be comparable with current arrangements.  Belfast City Council would also raise concerns that the withdrawal of allowances, in particular to independent members, will result in a reduced uptake and therefore input of such representatives.  Lastly, Belfast City Council would wish to advocate that sufficient resource is made available to support the development and training of the new partnership when it is put in place.

 

8.      Statutory Duty – Belfast City Council welcomes the proposal (Clause 34) to place a statutory duty on other public bodies to have due regard to community safety.  Some clarity is likely to be needed on which public bodies need to take this into consideration.  However the Council considers this to be a crucial element of ensuring commitment of the relevant government departments and agencies and as such it needs to remain a key component of the legislation.

 

9.      Number of DPCSPs – While Belfast City Council has expressed its concern with regard to the overly complex nature of the proposed structure in Belfast it is aware that the new partnership should ensure connectivity to local, area-based structures.  Belfast City Council would therefore seek clarity in respect of Clause 20, 2 of the draft Bill which requires the establishment of DPCSPs in each Police District.  The DOJ has currently advised that this requires 4DPSCPs.  However, it is the Council’s understanding that there are two police districts (A & B) in Belfast and therefore the Council would seek clarity from the Committee in this regard.

 

10.    Appointment of independent Members – BelfastCity Council welcomes the continued role of independent members in the future partnership structure; though it reiterates its concerns regarding the withdrawal of allowances.  During consultation, however, concerns have been raised with regard to ensuring that independent members are independent and representative of the community. Belfast City Council therefore would like reassurance that cognisance is taken of this in the appointment of independent members and that specifically individuals who hold public office or our members of political parties would be excluded from these appointments.

 

Other

 

      BelfastCity Council would also wish to raise a number of further queries with the Committee:

 

1.   In Schedule 1, paragraph 10 (4) the legislation makes reference to the election of the Chair and vice-chair in accordance with arrangements made by the Department.  Belfast City Council wishes to seek clarification as to the Department’s potential role in this process as it would advocate that this should be a process that is undertaken locally and this is allowed for in the development of the Code of Practice.

 

2.   Clause 33 (1) makes provision that the PCSP or DPCSP ‘may’ make arrangements to facilitate consultation by the police with any local community.  While Clause 33 (2) goes on to state that the Policing Board may make arrangements for this to take place if it is not satisfied that satisfactory arrangements have been put in place.  Belfast City Council believes that these statements are contradictory and there should be greater clarity on where there is the opportunity for genuine local determination.

 

                                

Appendix 2

 

Draft Response from Belfast City Council in Respect of Part 4 of the

Draft Justice Bill

 

      Part 4 of the draft Bill contains proposals for new offences and penalties in Northern Ireland based on those which have been operating very effectively in Great Britain for some time. They include new powers around offensive chanting at games, missile throwing and pitch incursion; powers to tackle alcohol-related problems around sporting events; powers to tackle ticket touting; and proposals for a soccer banning order regime that would prevent trouble-makers from attending matches. The package of new powers is proposed in relation to key sporting events across football, GAA and rugby.

 

      These proposals are considered to complement and enhance the objectives of the Safety of Sports Grounds Order in securing the reasonable safety of spectators at designated sports grounds and in regulated stands across Northern Ireland. As an authority responsible for issuing safety certificates and enforcing the terms of this Order, Belfast City Council welcomes the additional controls as proposed in part 4 of the draft Justice Bill (NI) 2010.”

 

            The Committee approved the draft responses to the consultation on the Justice Bill.