Civil Liberties Panel

Report: 10
Date: 28 May 2009
By: Chief Executive

Summary

In its strategy document “Met Forward”, the MPA has agreed to establish a Civil Liberties Panel. This report sets out a draft terms of reference for that panel.

A. Recommendation

That Members

1. endorse the draft Terms of Reference for the proposed MPA Civil Liberties Panel; and
2. be appointed to the Panel at the Annual Meeting of the Authority on 25 June as part of the overall consideration of appointments to committees.

B. Supporting information

Purpose

1. Protesting peacefully and lawfully on the streets of London is a citizen’s right and the MPS has a duty to maintain public order and safety and to ensure that those not engaged in a particular protest can also go about their lawful business. The MPA needs to be satisfied that the police have got this balance right and that the tactics they use are proportionate.

2. Policing is, on occasion a dangerous enterprise and the MPA recognises that police officers need to be able to protect themselves from harm. UK police officers are not routinely armed – a position supported by the MPA, and the MPS keeps tight control over the use of firearms and tasers. The next few years will see the firearms capability of the MPS increase, so that the requirement to deliver of a safe and secure Olympics can be met. In order to ensure that public trust is maintained the MPA will oversee that expansion.

3. There are several other tools available to police that could, if used inappropriately, impinge on people’s human rights and civil liberties and leave the police service open to criticism. These include the DNA database, use of CCTV and Automatic Number Plate Recognition (ANPR), the police national computer, telephone intercept, covert policing, the use of Regulation of Investigatory Powers Act (RIPA), forward intelligence cells and the use of informants.

Terms of reference

4. It is proposed that the Panel would convene to consider issues on a priority basis as directed by the MPA. It will be a standing panel, and will meet as the need arises. Due to the public concern over events surrounding the policing of G20, it is proposed in the first instance to consider public order policing. This will reflect the issues raised by Members at the full authority meeting on 30th April 2009 and specifically the revised motion agreed by Members during that meeting (see appendix 1 below). In order to reduce additional burden on the MPS and MPA, it is also proposed that this panel subsumes responsibility for the MPA Taser Oversight Group. As other priorities emerge, new terms of reference would be agreed. The following terms of reference for the Civil Liberties Panel are proposed:

• Develop a shared understanding of civil liberties and human rights and the consequences this has for policing. This will include developing a clear understanding the legislation in this area.
• Within each area of review (e.g. public order), develop a clear understanding of the full range of tactics, the situations within which various tactics are deployed and how decisions about proportionality are made.
• On a programmed basis undertake a review of the use of police tactics and tools (as outlined in purpose above) to understand the wider impact on civil liberties and human rights.
• Oversee the MPS effort to regain public trust in its ability to balance civil liberties, proportionate policing and maintaining public safety.
• Understand the potential equalities and diversity issues arising out of all areas of service delivery being addressed by this panel.

Public order

• Undertake a formal scrutiny of the MPS’s policing of public order and violent disorder. This will include tactics and training.
• Monitor any recommendations arising out of the scrutiny of public order and of the HMIC review of G20 and public order (commencing May 09)
• Engage with the public, protest organisers and civil liberty and human rights organisations to ensure that Members are gaining a comprehensive understanding of the public order environment.

Firearms and Taser

• Oversee the expansion of the MPS firearms command including training and processes for use.
• Undertake the relevant activities of the Taser Oversight Group (terms of reference attached at appendix 2)
• Evaluate any proposals to expand Taser use, and make recommendations to the full authority about whether expansion is justified.

Equalities objectives to include:

• Understand the equalities and diversity implications around public order policing and how these are embedded within CO11 activity.
• Understand the equalities and diversity implications around the deployment of firearms command and the impact this can have on local communities.
• Understand the apparent disproportionality in the use of Taser against BME Londoners and those from special population groups (particularly people experiencing mental ill health).

Membership

5 It is proposed that there would be up to 6 members which would reflect the nature of all parties and the role of independent members and that these be appointed at the Annual Meeting.

C. Race and equality impact

There are potentially significant equality and diversity issues arising out of any scrutiny in this area. The equality objectives outlined above aim to ensure that they are addressed as the work of the panel develops.

D. Financial implications

The panel will be supported within current MPA officer resources.

E. Background papers

• MetForward
• MPA Full Authority minutes 30 April 2009

F. Contact details

Report author(s): Siobhan Coldwell, Head of Oversight and Review, MPA

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Revised motion agreed at Full Authority on 30 April 2009

(NB Draft pending the agreement of the minutes at Full Authority on 28 May 2009)

This Authority recognises that the job of policing the G20 demonstrations on 1 April was difficult and the strategy and tactics adopted should be reviewed.

We note that HMIC are undertaking a review at the request of the Commissioner and request that HMIC take evidence from all concerned including protesters.

We therefore refer this matter to the newly established Civil Liberties Panel of the MPA with a specific remit to consider, inter alia, the following:

1. Recommendations made by HMIC in their review.
2. Ensure that the principle of facilitating demonstrations and other peaceful forms of protest are enshrined in the tactics employed by MPS.
3. Ensure that the balance between facilitating peaceful protest and preventing criminal acts by a minority is always proportionate.
4. Consider the circumstances under which the MPS should use more assertive public order tactics, such as containment, baton charges, police dogs and horses and the possible detrimental effects of those tactics.
5. Consider the circumstances under which the personal property of protesters has been seized and whether this is appropriate.
6. Consider the circumstances in which officers are on duty without identification and make recommendations to ensure this does not take place.
7. Consider the media handling of demonstrations where there is an anticipation of violence or disorder.
8. Consider the reputational issues of public order tactics employed in the anticipation or eventuality of violence or disorder.
9. Consider how the MPS should reflect in its public order policy and tactics its responsibilities towards vulnerable or disabled members of the community.

The MPA recognises that many of these issues may be considered in the HMIC review, which is due to report its initial findings at the end of June, and we have no wish to duplicate that work.

Appendix 2

Taser Oversight Group terms of reference

The MPA taser oversight group will, for the duration of the pilot into the extended use of taser:

• Monitor progress of the proposals endorsed by the MPA full authority on 22 November 2008
• Receive regular reports on each incident involving the use of Taser within the pilot
• Provide advice and support to the MPS on the community engagement implications of the pilot
• Communicate with CEGs and other interested parties about the pilot progress and findings
• Provide a challenge and accountability mechanism during the implementation of the pilot
• Understand the equality and diversity implications of the extended use of Taser
• Consider the appropriateness of training provided to Non-Firearms Officers
• Comment on the success of the pilot and provide guidance to the MPS on the potential future of non-firearms trained officer use of Taser
• Ensure the learning from the pilot is shared with relevant stakeholders.

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