Agenda item

South Yorkshire Police and Crime Commissioner

13.1

It was formally moved by Councillor Joe Otten, and formally seconded by Councillor Penny Baker, that this Council:-

(a)       notes the recent High Court judgment, which ruled that South Yorkshire Police and Crime Commissioner, Dr. Alan Billings, acted “unlawfully” in suspending former Chief Constable, David Crompton, and then asking him to resign;

(b)       notes that the High Court further stated the decisions made by Dr. Billings were “irrational, perverse, unreasonable, misconceived and wholly disproportionate”;

(c)        further notes that in the light of the suspension, the independent comment from HM Chief Inspector of Constabulary, Sir Tom Winsor, was to describe the action against the Chief Constable as “conspicuously unfair, disproportionate and so unreasonable that I cannot understand how the PCC has reached this view”;

(d)       notes that Dr. Billings failed to criticise the conduct of police counsel at the Hillsborough inquest – this being a grievance of the Hillsborough victims’ families – in the evidence he gave for his decision, even though he was dismissing Mr. Crompton for seeking to defend that conduct;

(e)       believes that this ruling reveals Dr. Billings to be incompetent and irrational;

(f)        notes that removing Mr. Crompton from his post is likely to cost taxpayers more than £500,000 in legal fees, plus additional staff expenses;

(g)       recalls previous calls by the Sheffield Liberal Democrats for Dr. Billings to resign over his gross mishandling of this situation; and

(h)       in light of the High Court judgment, endorses those calls for Dr. Billings to resign and requests him to consider his position.

13.2

Whereupon, it was formally moved by Councillor Peter Rippon, and formally seconded by Councillor Mark Jones, as an amendment, that the Motion now submitted be amended by the deletion of paragraphs (b) to (h) and the addition of new paragraphs (b) to (f) as follows:-

(b)       accepts the ruling of the High Court and notes that the South Yorkshire Police and Crime Commissioner (PCC) has confirmed he will not be appealing the court judgement and that the Council’s representatives on the Police and Crime Panel are able to question the PCC and scrutinise his actions in this matter at the Police and Crime Panel;

(c)        regrets that the Police and Crime Commissioner positions were created by the coalition government and that the Police and Crime Commissioner is accountable to the public through the mechanisms of the legislation to introduce Police and Crime Commissioners, which was only able to be passed due to the support of Liberal Democrat MPs, which means that, ultimately, judgement is passed on the Commissioner’s decisions at the next Police and Crime Commissioner election;

(d)       notes the comments of Councillor Paul Scriven on 28th July 2016 in the BBC article “South Yorkshire’s Chief Constable ‘should be sacked’” which was after the decision of the Police and Crime Commissioner to suspend David Crompton "I was saying 18 months ago that David Crompton was not part of the solution he was part of the problem and he should have been sacked. I'm still of the view that the door should not be opened for him to walk through and get his pension. I believe he should be sacked for poor management, for not dealing with the problems of South Yorkshire Police and for bringing it in to disrepute. It's clear that [Dr] Billings does not have the backbone to take the strong action that's needed.";

(e)       therefore believes it is clear that even after the decision had been taken to suspend David Crompton, the Liberal Democrats were criticising the PCC for not going further, by saying David Crompton should have been sacked, and further believes that yet again Sheffield Liberal Democrats have been caught out as hypocrites not concerned by the interests of policing in South Yorkshire but practising the most cynical form of political opportunism; and

(f)        continues to extend its deepest sympathies to all families and friends and those affected by the horrific events of 15 April 1989, and to all of those who have campaigned for justice in the many years since; and acknowledges that, with some individuals deemed to have been at fault by the Hillsborough Inquest having recently been charged with criminal offences, anguish will likely be experienced by a great many through the court process, and the Council’s sincere sympathies go out to all of those affected in the continuing search for justice.

13.3

On being put to the vote, the amendment was carried.

13.3.1

(NOTE: The Deputy Lord Mayor (Councillor Magid Magid) and Councillors Douglas Johnson, Robert Murphy and Alison Teal voted for paragraphs (b), (c) and (f) of the amendment, and abstained from voting on paragraphs (d) and (e) of the amendment, and asked for this to be recorded.)

13.4

The original Motion, as amended, was then put as a Substantive Motion in the following form and carried:-

RESOLVED: That this Council:-

(a)       notes the recent High Court judgment, which ruled that South Yorkshire Police and Crime Commissioner, Dr. Alan Billings, acted “unlawfully” in suspending former Chief Constable, David Crompton, and then asking him to resign;

(b)       accepts the ruling of the High Court and notes that the South Yorkshire Police and Crime Commissioner (PCC) has confirmed he will not be appealing the court judgement and that the Council’s representatives on the Police and Crime Panel are able to question the PCC and scrutinise his actions in this matter at the Police and Crime Panel;

(c)        regrets that the Police and Crime Commissioner positions were created by the coalition government and that the Police and Crime Commissioner is accountable to the public through the mechanisms of the legislation to introduce Police and Crime Commissioners, which was only able to be passed due to the support of Liberal Democrat MPs, which means that, ultimately, judgement is passed on the Commissioner’s decisions at the next Police and Crime Commissioner election;

(d)       notes the comments of Councillor Paul Scriven on 28th July 2016 in the BBC article “South Yorkshire’s Chief Constable ‘should be sacked’” which was after the decision of the Police and Crime Commissioner to suspend David Crompton "I was saying 18 months ago that David Crompton was not part of the solution he was part of the problem and he should have been sacked. I'm still of the view that the door should not be opened for him to walk through and get his pension. I believe he should be sacked for poor management, for not dealing with the problems of South Yorkshire Police and for bringing it in to disrepute. It's clear that [Dr] Billings does not have the backbone to take the strong action that's needed.";

(e)       therefore believes it is clear that even after the decision had been taken to suspend David Crompton, the Liberal Democrats were criticising the PCC for not going further, by saying David Crompton should have been sacked, and further believes that yet again Sheffield Liberal Democrats have been caught out as hypocrites not concerned by the interests of policing in South Yorkshire but practising the most cynical form of political opportunism; and

(f)        continues to extend its deepest sympathies to all families and friends and those affected by the horrific events of 15 April 1989, and to all of those who have campaigned for justice in the many years since; and acknowledges that, with some individuals deemed to have been at fault by the Hillsborough Inquest having recently been charged with criminal offences, anguish will likely be experienced by a great many through the court process, and the Council’s sincere sympathies go out to all of those affected in the continuing search for justice.

13.4.1

(NOTE: 1. The Deputy Lord Mayor (Councillor Magid Magid) and Councillors Douglas Johnson, Robert Murphy and Alison Teal voted for paragraphs (a) to (c) and (f) of the Motion, and abstained from voting on paragraphs (d) and (e) of the Motion, and asked for this to be recorded; and

2. Councillors Andy Nash, Bob Pullin, Richard Shaw, Adam Hanrahan, Joe Otten, Colin Ross, Roger Davison, Shaffaq Mohammed, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Sue Auckland, Steve Ayris, Gail Smith, David Baker, Penny Baker and Vickie Priestley voted for paragraphs (a), (b), (d) and (f) of the Motion, and voted against paragraphs (c) and (e) of the Motion, and asked for this to be recorded.)