The Role of a Deputy PCC

The request was successful.

Dear Merseyside Police and Crime Panel,

' The deputy post is considered a member of the PCC’s staff, but is the only post that is not politically restricted. As a result, they can carry out political activity on behalf of the PCC.'

As the panel that oversees the work of the Police & Crime Commissioner. could you supply all information that explains exactly what 'they can carry out 'political activity' on behalf of a PCC'
means:
[1] What kind of political activity can be carried out on behalf of the PCC by the Deputy?

[2] Please explain why any political activity would be acceptable, when both roles; PCC & Deputy PCC should be 100% independent

Yours faithfully,

Josie Mullen

merseyside police crime panel, Merseyside Police and Crime Panel

Hello Josie,

 

I note that you have included an unattributed quote at the start of your
message and the related questions you have posed appear to request
viewpoints/ opinions as opposed to accessing information held by a
relevant organisation (which is the purpose of the Freedom of Information
regime).  In this respect, I must also point out that the Police and Crime
Panel is not an organisation for the purposes of the Freedom of
Information Act.

 

Nevertheless, it is clear from the content of your message that you desire
some clarity regarding the appointment of Deputy Commissioners and the
role they can play.

 

In view of this, I can confirm that the broad statutory framework for the
appointment and activity of a Deputy Police and Crime Commissioner is set
out in the relevant legislation - the Police Reform and Social
Responsibility Act 2011.
[1]http://www.legislation.gov.uk/ukpga/2011...

 

In this respect I would draw your attention to Section 18 to the Act
([2]http://www.legislation.gov.uk/ukpga/2011... ) which makes
specific provision for the appointment of a Deputy PCC.

 

Further detail is set out in Paras 8 to 12 of Schedule 1 to the Act.
[3]http://www.legislation.gov.uk/ukpga/2011.... I would draw
your attention specifically to paragraph 8(4) which explicitly states that
"Section 7 of the Local Government and Housing Act 1989 (appointment of
staff on merit) does not apply to the deputy police and crime
commissioner."

 

It is understood that this provision was included in the legislation to
allow Commissioners to make “political” appointments to the deputy
position.  In terms of the “activity” that has been or could be delegated
by the Commissioner to a Deputy, there are some constraints which are set
out in Section 18 (see above).  Other than that, a Commissioner would be
free to delegate their statutory duties as they saw fit.  In terms of the
specifics in relation to duties that have been delegated to the Deputy
Commissioners on Merseyside previously, this would be information directly
held by the Office of the Police and Crime Commissioner (email contact:
[4][email address])

 

Whilst I note that you take the view that a Commissioner and a Deputy
“should be 100% independent”, the legislation does not place any
constraints on whether a Commissioner or their deputy should be
“politically” independent. You may have noted that a significant
proportion of PCCs are elected as candidates of a political party. 
Further to this, as I have outlined above the legislation specifically
permits Commissioners to make “political” appointments to the role of
deputy.

 

In terms of records of the Panel’s consideration of matters related to the
Deputy Commissioner role on Merseyside, these will have been captured in
the agenda and minutes of its previous meetings since 2012 which are
available via the following link -
[5]http://councillors.knowsley.gov.uk/mgCom...

 

I hope you find these pointers to some relevant information which is
already in the public domain helpful.

 

Regards

 

David Moran

 

Scrutiny and Partnership Manager

Tel: 0151 443 3367 

[mobile number]

Save a tree . . . please do not print this e-mail unless you really need
to.

 

show quoted sections

Dear merseyside police crime panel,

First of all, apologies for not quoting where the statement came from, re part of the role of a Deputy Crime Commissioner. It was in a government doc....which I will try to find

Secondly, the reason for asking the question was based on a response I received in an FOI [ONE OF THREE] re. the appointment of Cllr Ann O'Byrne as Deputy Police & Crime Commissioner

https://www.whatdotheyknow.com/request/t...

Info.
[1] Jane Kennedy appointed Cllr Ann O’Byrne as Deputy PCC in 2014 without consulting or going through the normal advertising / interviewing procedures

Response to FOI - ‘The role of Deputy and Crime Commissioner (DPCC) was not externally advertised prior to Cllr O’Byrne’s recruitment to the position in 2014.’

[2] Jane Kennedy went to the meeting of the Merseyside Police & Crime Panel and didn’t ask for the appointment of Cllr O’Byrne to be put on the agenda. In AOB [complete fait acompli] she announced that she was going to appoint Cllr O’Byrne as her Deputy.

Merseyside Police & Crime Panel – 15th May 2014
‘In relation to the PCC Jane Kennedy's personal appointment of Cllr Ann O'Byrne as Deputy Crime Commissioner, the Merseyside Police & Crime Panel stated the following:
RESOLVED (unanimously) - That, on the basis of the information provided, the Commissioner be advised in writing that:-
(i) given:-(b) the absence of an open and transparent appointment process; the appointment of Councillor Ann O’Byrne to the post of Deputy Police and Crime Commissioner for Merseyside cannot be supported at this time by the Panel;
(ii) the Panel recommends that a new, open and transparent appointment process be undertaken;

The response from Jane Kennedy was as follows:
19th May 2014 –

Dear Councillor Weightman,
I refer to your letter of 16 May 2014. Pursuant to paragraph 12 of Schedule 1 of the Police Reform and Social Responsibility Act 2011, I have considered the recommendations you make. I reject those recommendations. I have now formally appointed Councillor Ann O’Byrne as the Deputy Police and Crime Commissioner for Merseyside with effect from Monday 19 May 2014.

[This info was supplied in FOI responses]

My point is that the role of the Police Crime Panel needs to command the utmost respect from the Police & Crime Commissioner. To overrule the panel in such a dismissive way. and to disregard normal procedures was a total disgrace.

No need to reply

Yours sincerely,

Josie Mullen