'Cleverly threw out norms to give mate a job'

The Home Secretary faced criticism in the House of Lords on Wednesday

Home Secretary James Cleverly has been accused in a Lords debate of "throwing out democratic norms to give his mate a job" over the transfer of policing powers in the West Midlands to the region's mayor.

Opponents of the move argue it is being pushed through without the consent of other local authorities, and with an initial decision being taken without legally-required public consultation.

Simon Foster - the Labour police and crime commissioner (PCC) overseeing the West Midlands force - has mounted a legal challenge to the transfer, which is set to see his role scrapped following mayoral elections in May.

That ballot will decide whether the sitting Conservative mayor Andy Street - incumbent since the post's creation - will continue in the office inheriting the PCC powers.

Andy Street wrote to James Cleverly proposing the merger

Mr Street wrote to the Home Secretary in November requesting the power transfer - an option that became available under the Levelling Up and Regeneration Act passed last year.

The mayor said he had acted because “crime in this region has more than doubled” and that he “could not allow it to go on any longer”.

Elected mayors in London and Greater Manchester are responsible for the police in their respective areas, a situation also pointed out by Mr Street.

Mr Cleverly later that month decided to proceed with the transfer, which was signed off by MPs on 26 February.

Before that, however, it emerged that a legal requirement to seek the views of the public had been overlooked, prompting a six-week consultation programme in December and January. That process concluded with Mr Cleverly again deciding to back the transfer.

Parliament heard that of the 7,103 responses received, 50% disagreed with the transfer plan, 46% supported it, while the remaining 4% did not know.

However, Sarah Hannett KC, representing Mr Foster, has branded the consultation "wholly deficient", adding it "fails to seek any informed views as to the impact on the residents of the West Midlands".

Alan Payne KC, for the Home Office, said in written arguments that the resources put into the consultation showed the exercise was "taken seriously".

Mr Foster's legal challenge argues the transfer is unlawful and will reduce democratic accountability.

Mr Foster has called the transfer of PCC powers to the mayor's office an attempted "hostile takeover"

The Home Secretary's decision to press ahead with the move was condemned when it was considered by the House of Lords on Wednesday, with peers backing by 137 to 54 a so-called regret motion, whereby members may formally express their opposition to legislation without actually stopping it.

Labour peer Lord Bach, a former PCC for Leicestershire, said: "I believe the throwing out of democratic norms in order to give your mate a job that he wants is the most grievous ground for the regret motion."

Responding, Home Office minister Lord Sharpe of Epsom said: "It is unfortunate that the initial decision was made without knowledge of the statutory requirements but the appropriate steps were taken to ensure the decision to make this order was not made until the requirements had been met."

Making the case for the transfer of powers to the mayor, he argued it would "help facilitate a whole system approach to crime reduction".

The minister added: "It preserves the democratic accountability that underpins the PCC model and at the same time it reduces the risk of competing democratic mandates within the West Midlands Combined Authority area, providing greater clarity for the electorate on who is responsible for public service functions in their area.

"We are simply transferring the exercise of policing governance functions from one directly elected role to another."