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Gag on police in commissioner elections frustrates senior officers Gag on police in commissioner elections frustrates senior officers
(about 1 month later)
Chief constables have been barred from warning the public that a low turnout in Thursday's police and crime commissioner (PCC) elections could have a negative effect on policing.Chief constables have been barred from warning the public that a low turnout in Thursday's police and crime commissioner (PCC) elections could have a negative effect on policing.
Some senior officers fear that a poor democratic mandate would endanger the British model of policing by consent, but have been gagged by a Home Office order ordering them to stay out of the political debate over the new elections on pain of prosecution. The ban stems from section 60 of the PCC Elections Order 2012 on illegal canvassing by police officers, which says they must not do anything that would persuade or dissuade anybody from voting.Some senior officers fear that a poor democratic mandate would endanger the British model of policing by consent, but have been gagged by a Home Office order ordering them to stay out of the political debate over the new elections on pain of prosecution. The ban stems from section 60 of the PCC Elections Order 2012 on illegal canvassing by police officers, which says they must not do anything that would persuade or dissuade anybody from voting.
The Association of Chief Police Officers (Acpo) has told forces: "At its most literal, this could mean that any well-meaning officer who encourages the electorate to become involved in the elections would be acting contrary to this law and liable to prosecution, regardless of the fact that they are not endorsing any political position."The Association of Chief Police Officers (Acpo) has told forces: "At its most literal, this could mean that any well-meaning officer who encourages the electorate to become involved in the elections would be acting contrary to this law and liable to prosecution, regardless of the fact that they are not endorsing any political position."
Some senior officers are relieved that this enforced purdah will maintain their distance from the political process, but others feel powerless and frustrated as they watch an election process that they fear could undermine trust in the police.Some senior officers are relieved that this enforced purdah will maintain their distance from the political process, but others feel powerless and frustrated as they watch an election process that they fear could undermine trust in the police.
"For the last few years, the government has been measuring the police as a service in terms of level of public confidence," said one senior officer. "The view of many chiefs is that if we had levels of public confidence sitting at around 30% we would clearly not be doing a good job. How can you have consent from the public to police by consent if only 30% of people say you are getting it right?"For the last few years, the government has been measuring the police as a service in terms of level of public confidence," said one senior officer. "The view of many chiefs is that if we had levels of public confidence sitting at around 30% we would clearly not be doing a good job. How can you have consent from the public to police by consent if only 30% of people say you are getting it right?
"The same applies to elected commissioners. If you get a 15–20% turnout in these elections saying they want an individual to be their PCC and 80% haven't taken part, I question how this will impact on the whole moral principle of policing by consent. There is a whole question of legitimacy and it has been very frustrating that we have not been able to say it.""The same applies to elected commissioners. If you get a 15–20% turnout in these elections saying they want an individual to be their PCC and 80% haven't taken part, I question how this will impact on the whole moral principle of policing by consent. There is a whole question of legitimacy and it has been very frustrating that we have not been able to say it."
Theresa May, the home secretary, launched a desperate effort on Sunday to get out the vote as she urged the public to take part. She wrote in the Sun: "I know that some people have been critical of the government for holding these elections, but what our critics are really saying is: 'You can't trust the public to oversee policing.'Theresa May, the home secretary, launched a desperate effort on Sunday to get out the vote as she urged the public to take part. She wrote in the Sun: "I know that some people have been critical of the government for holding these elections, but what our critics are really saying is: 'You can't trust the public to oversee policing.'
"They complain people might elect an extremist or the commissioners might pursue 'populist' policies, whatever that means. I reject this elitist snobbery.""They complain people might elect an extremist or the commissioners might pursue 'populist' policies, whatever that means. I reject this elitist snobbery."
She has consistently argued that the elected commissioners will have more of a democratic mandate than the police authorities they will replace.She has consistently argued that the elected commissioners will have more of a democratic mandate than the police authorities they will replace.
The effect of the gag was raised recently with the policing minister, Damian Green, who said it did not "prevent police officers from talking about PCCs or the effect they will have, or from doing the community engagement and media work that is a core part of their role".The effect of the gag was raised recently with the policing minister, Damian Green, who said it did not "prevent police officers from talking about PCCs or the effect they will have, or from doing the community engagement and media work that is a core part of their role".
But a Home Office spokesman confirmed that did not extend to talking about the impact of a low turnout. "The rules for police officers around PCC elections are no different from any other election. The rules state that officers must not endeavour to persuade or dissuade any person from giving his or her vote," the spokesman told the Guardian.But a Home Office spokesman confirmed that did not extend to talking about the impact of a low turnout. "The rules for police officers around PCC elections are no different from any other election. The rules state that officers must not endeavour to persuade or dissuade any person from giving his or her vote," the spokesman told the Guardian.
As the candidates have campaigned across the country, the ban has meant police could not speak out even when candidates have used inaccurate statements. Most chief constables have found a pragmatic way to address gross inaccuracies in campaign literature by having private conversations with the candidates.As the candidates have campaigned across the country, the ban has meant police could not speak out even when candidates have used inaccurate statements. Most chief constables have found a pragmatic way to address gross inaccuracies in campaign literature by having private conversations with the candidates.
Many believe heated conversations about policing priorities, budgets and why a particular PCC's priorities might have to be modified will take place in the days after the election. One chief constable policing a rural area said he would have a copy of the winning candidate's manifesto on his desk when he met the new PCC on their first day of work. "There is stuff being put out there now by some candidates that will never be able to be delivered or, if it is, it will be delivered at a significant cost to other policing priorities. These conversations will be the biggest challenge facing chief constables in the coming weeks," he said.Many believe heated conversations about policing priorities, budgets and why a particular PCC's priorities might have to be modified will take place in the days after the election. One chief constable policing a rural area said he would have a copy of the winning candidate's manifesto on his desk when he met the new PCC on their first day of work. "There is stuff being put out there now by some candidates that will never be able to be delivered or, if it is, it will be delivered at a significant cost to other policing priorities. These conversations will be the biggest challenge facing chief constables in the coming weeks," he said.
Sir Hugh Orde, Acpo's president, said on Friday the introduction of police commissioners would create "inevitable tension" with chief constables over local and national policing priorities. He said the conflict must be resolved with "mature conversations".Sir Hugh Orde, Acpo's president, said on Friday the introduction of police commissioners would create "inevitable tension" with chief constables over local and national policing priorities. He said the conflict must be resolved with "mature conversations".
May told the BBC's Andrew Marr Show on Sunday that she believed conflicts between the new PCCs and their chief constables could be avoided.May told the BBC's Andrew Marr Show on Sunday that she believed conflicts between the new PCCs and their chief constables could be avoided.
"There does not have to be conflict with the chief constable," she said. ". The chief constables retain their operational independence. They decide who they investigate and who they arrest. The PCC sets the strategic direction for the police," she said, citing Boris Johnson's role in London as a successful example."There does not have to be conflict with the chief constable," she said. ". The chief constables retain their operational independence. They decide who they investigate and who they arrest. The PCC sets the strategic direction for the police," she said, citing Boris Johnson's role in London as a successful example.
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