Reports from committees

Report: 8
Date: 29 October 2009
By: Chief Executive

Summary

At each meeting of the Authority members will receive a report from committees that have meet in recent weeks.

This is the first report from the authority’s committees to the full authority. It provides members with details of the key items considered at each of the committees and their sub-committees.

This report covers the following meetings:

• Joint Finance and Resources Committee/Strategic Operation and Policing Committee – 3 September 2009
• Strategic Operation and Policing Committee – 3 September 2009
• Communities, Equalities and Peoples Committee – 10 September 2009
• Corporate Governance Committee – 14 September 2009
• Finance and Resources Committee – 17 September 2009
• Standards Committee – 23 September 2009

Joint Finance and Resources Committee/Strategic Operation and Policing Committee – 3 September 2009

Members present: Reshard Auladin, John Biggs, Faith Boardman, Cindy Butts, James Cleverly, Dee Doocey, Toby Harris, Jenny Jones, Joanne McCartney, Steve O’Connell, Deborah Regal, Graham speed and Richard Tracey

Budget and business plan 2010/13

A report was received setting out the MPS’ approach and timeline for delivering the Policing London Business Plan 2010/13 in line with the Mayor’s guidance, including MPA consultations. It also provided a progress update on priorities, performance indicators and resource implications through the Interim Budget Submission 2010-13.

ACPO (TAM) bearer network

Members approved the award of contract via the National Police Improvement Agency’s Police National Network contract for the implementation, rental and support of a Secure Wide Area Network for the National CT ACPO (TAM) ASCENT Project.

Strategic Operation and Policing Committee – 3 September 2009

Members present: Reshard Auladin, John Biggs, James Cleverly, Toby Harris, Jenny Jones, Joanne McCartney, and Caroline Pidgeon. Also in attendance: Faith Boardman (part) and Richard Tracey.

Minutes: Strategic and Operational Policing Committee (Part 1) – 9 July 2009 - to agree

Recommendation 3 of agenda item 13 stated that ‘the recommendation that the Civil Liberties Panel, on behalf of the SOPC, lead a programme of work to consider MPS compliance with Human Rights Act 1998 and consider long term proposals for MPA monitoring and scrutiny be reconsidered’. Members stated that the Civil Liberties Panel had agreed it was not going to lead such a programme of work. The recommendation was amended to read ‘SOPC would lead a programme of work to consider MPS compliance with Human Rights Act 1998 and consider long term proposals for MPA monitoring and scrutiny.

Urgent actions (if any) and urgent operational issues - oral report (if any)

Climate Camp

The AC, CO, gave an oral report on the policing of the Climate Camp.

Notting Hill Carnival

11,000 officers had been involved in policing the event which has been preceded by a lot of work with local councils and the organisers on organisation, noise and disorder.

Members thanked the MPS and officers involved in the successful policing of these events following the criticism of the policing of the G20 demonstrations.

Headline performance report - 12 months to July 2009

The committee received a report providing an overview of progress against targets set for Critical Performance Areas and other corporate measures featured in the Policing London Business Plan 2009–12.

TP thematic performance report (crime data accuracy)

A report was received detailing the existing oversight arrangements in relation to crime data accuracy, describing existing risk management of crime data, updating progress against the recommendations made in the MPA Crime Data Recording Scrutiny and considering relevant finance and resource implications and value for money.

Update on Joint Engagement Meetings (JEMs)

This report provided an update on development of the Joint Engagement Meetings (JEMs) joint problem solving process, between the MPS, Greater London Authority (GLA), local authorities and partner agencies. Six JEMs had been held to date and all but three of the remaining boroughs were scheduled to participate before the end of December 2009.

Update on progress with the Policing Pledge

The Committee received a report summarising the work being undertaken in the MPS to deliver its Policing Pledge – its promise to the public. The report also provided information about the developing performance framework and developmental work that would improve service delivery. Members asked about the training provided and asked to see the reports from the mystery shopping checks and action plans arising from a Pledge self assessment process.. They noted that only 33% of those surveyed had heard of SNTs and asked how the Pledge fitted into this. They were told that part of the marketing of the Pledge included space on partners’ websites. The Chair added this was an important question and was a weakness identified by HMIC across the country.

Satisfaction gap between white and BME victims of crime

This report provided an update regarding the satisfaction gap between white and black and minority ethnic (BME) victims of crime reported to the Committee in April 2009, background information regarding the satisfaction gap and the work currently being undertaken by the MPS to reduce the gap. Members noted that there had been a lot of work in this area in the past few years but little improvement. They suggested the MPS look at satisfaction in terms of other factors such as address, age, deprivation and education. Members also questioned the term BME, as it didn’t distinguish between old and new communities or identify eastern Europeans.

The use of analysts in the MPS

This report was requested to explain:

• the use of analysts within the MPS and associated career progression,
•  whether the current structure made best use of analysts and their expertise, identifying areas for improvement,
•  how analysis was shared across the MPS, including how performance and intelligence analysts interact, and
•  any issues with recruitment and retention of analysts.
• A further report would be received in six months.

Impact of changes in the use of forensic medical examiners on custody provision

A report was received setting out the current position with regard to accessing healthcare provision within the MPS, taking account of the contractual changes in January 2009 and including the arrangements for clinical governance and specialist provision.

‘Blue Light Museum’ feasibility study

This report informed members that Stuart Davies Associates had been commissioned by the GLA to investigate the feasibility of creating a Blue Light Museum which would bring together the heritage collections of the MPS, the London Ambulance Service Museum and the London Fire Brigade Museum. The Deputy Chief Executive noted that the project had legal and financial implications, the project was unfunded at the moment, there were issues over the ownership of objects and that the MPA was not empowered to run a museum. Members felt the latter could be managed if it was regarded as a form of income generation.

Report on the sub committees of the Strategic and Operational Policing Committee

This report contained a summary of reports received by the sub committees of the Strategic and Operational Policing Committee.

Communities, Equalities and Peoples Committee – 10 September 2009

Members present: Cindy Butts (Chairman), Victoria Borwick, Chris Boothman, Kirsten Hearn, Clive Lawton and Faith Boardman.

Funding through the mps of partnerships multi agency and 3rd sector projects and programmes 2008/09

The report informed members as to the amount of grant funding and sponsorship income received by the MPS for funding of partnership, multi-agency and third sector activities in 2008-09. The Committee was concerned that whilst the MPS Partnership Strategy had been integrated into the medium term planning and budget work, a corporate policy for working with partnerships was still to be formalised, and that the supporting tool kits and guidelines were still being developed. It was agreed that a further report was required that provided an assurance that clearly defined mechanisms in place to account for this expenditure, confirmation that the policy/mechanisms are implemented throughout the MPS and informs how value for money was assessed.

Use of Schedule 7 of the Terrorism Act

The report provided information about the MPS’s use of powers under Schedule 7 of the Terrorism Act 2000, and set out data monitoring information together with commentary on the impact on different community groups. The Committee was advised that no data was gathered on the faith of those searched under Section 7 as the MPS was of the view that data on faith should be collected. The Committee advised that the data would have to be collected very sensitivity as it may antagonise the individual stopped and make the situation more difficult. The data would enable the MPS to refute any allegations that members of certain faith groups were stopped more often than others. The Committee considered that the ability to refute such allegation was not an adequate reason for the collection of this data. It was noted that the MPS did collect data on faith in some circumstances. The Committee asked to be advised of the benefit/disbenefit of recording the faith of those stopped under Schedule 7 of the Terrorism Act.

The Committee noted the leaflet issued to those individuals stopped under Schedule 7. It was suggested that to assist with making their onward travel arrangements, any individual(s) missing their flight/ train/sailing as a result of a stop under Section 7 should be provided with a letter explaining and confirming the circumstances of their situation.

Revision of the Joint MPA/MPS Community Engagement Strategy

The Committee was advised that the MPA/MPS Community Engagement Strategy 2006 – 2009 had to be revised by the MPA in partnership with the MPS. The revision provided the MPA with an opportunity to build on the work begun earlier this year with the internal review into MPA communication, consultation and engagement activities. The Committee agreed that the Project Initiation Document (PID) should be amend to include the recognition of the need to pool of resources within the GLA family and in partnership with Local Authorities.

Review of Promoted Events Assessment Form 696

The Committee was advised that Form 696 had now been revised and was in the process of being circulated to interested parties. It was hoped that the revised form would be in use within 2-3 weeks, in time for Christmas and New Year. The Committee was surprised that the Form 696 had been revised without reference to the MPA, especially since the issue had been the subject of discussion at the meeting of the Authority. The Committee was advised that the current form gave the appearance that the MPS and local authorities were seeking to control the type of music and events available to sections of the community. Any revised form would to be drafted in such a way to provide the community with an assurance that this was not the intention. The Committee noted that an equality impact assessment had been completed. It was agreed that a copy of the equality impact assessment was to be circulated to members of the Committee. The Committee was concerned that those consulted on the current form appeared to be representative of the “security function” rather than the promoters and performers themselves. The Committee asked to be advised of who was consulted as part of the consultation process. It was agreed that a further report would be submitted to the next meeting on the subject.

Morris Inquiry - update

The Committee agreed to receive this late report as an urgent item. However given the significance of the issues, the Committee was not prepared to formally sign off the recommendations cited as implemented, without having sufficient time to consider the report. The Committee agreed that an amended version of the report be submitted to its next meeting that identified the recommendations of the Morris report and fully evidenced the current position in terms of the implementation of those recommendations.

MPS Independent Advisory Groups (IAGs) – implementation of the IAG review and their governance, structure, membership and work; at all levels of the MPS

The report provided an update on the history of the MPS Independent Advisory Group Review 2007 and progress on implementation of the recommendations. The Committee was aware of the value the MPS placed on the work of the IAGs, however it sought an assurance that the MPS was getting the best from the IAGs, that the MPS was providing adequate support to the IAGs, and that best practice was shared and that there was a degree of some consistency amongst the groups. The Committee was aware that whist a number of IAGs had signed the protocol others had not. In addition different views had been expressed on the length of tenure, reimbursement, and whether groups should merge. It was agreed that a further report should be submitted to the next meeting of the committee that:

• fully described the membership of IAGs; tenure of members; processes for recruitment to both local and corporate IAGs; details of the current remuneration arrangements
•  Describes the development of the Standing Operating Procedures and what the reaction of existing IAGs has been to them
• Identifies the IAG expenditure (as per previous report), but also clearly identify the proportion of expenditure that relates to meeting access needs of IAG members (need to aggregate costs across the groups, extracting support)
•  Describe the pros and cons of merging the groups

Corporate Governance Committee – 14 September 2009

Members present: Toby Harris (Chair), John Biggs (item 1-16), Joanne McCartney, Caroline Pidgeon and Linda Duncan, co-opted member.

Audit Commission’s Annual Governance Report – MPA Audit 2008/09

The District Auditor and Audit Manager were present to introduce the Audit Commission’s annual governance report on the MPA covering the audit of the Authority for the year ended March 2009. Members were informed that it was proposed to give an unqualified opinion on the accounts.

Audit Commission review of MPA Internal Audit

A report was received that had as its appendix the Audit Commission’s report detailing its recent review of MPA Internal Audit. The Audit Commission had concluded that MPA Internal Audit was an effective audit service that met the required professional standards. The Audit Manager noted that Internal Audit had to be reviewed by the Audit Commission every three years and that Internal Audit had responded positively to its recommendations.

Health and safety performance report

A report was received containing a comparison of injuries reported on the Metropolitan Police Accident and Incident Reporting System (MetAIR) between August 2007 - July 2008 and August 2008 - July 2009. It also included details of health and safety initiatives being progressed within Property Services to ensure that the MPA/MPS were compliant with Health and Safety at Work legislation.

Update on MPA/MPS assurance process

Central Operations (CO) and the Directorate of Resources (DoR) were the first Business Groups to prepare assurance letters to the Commissioner. A report was received stating that the letters had been drafted and were awaiting final approval before submission to the Commissioner’s Office. The Head of Safety and Health, informed members that the Commissioner had now read the letters and was satisfied with them; there were some ongoing issues in relation to health and safety in the business groups, but these were being managed via and action plan. The Chair stated that he had envisaged receiving letters with a report outlining any issues. He requested that at the next CGC he receive a report indicating areas of concern and the action plan, with a further report in June 2010.

Gifts and Hospitality Policy – MPS

This report documented changes made to the MPS Standard Operating Procedure for Gifts and Hospitality which took into account the comments and observations made by members of the CGC in March 2009. Members noted that the issue of public accountability, by putting registers on-line, had not been addressed and that ‘family members’ had not been widened beyond immediate family members. They were informed the definition of the later was defined in Police Regulations; however the Director of HR Services undertook to consider the matters further. The Chair noted that Internal Audit had issues with computerised records as they could be tampered with, but members felt that hospitality could be reported on-line after having been recorded on paper.

MPA – interests, gifts and hospitality declarations

This report set out the position with regard to the reporting by MPA members and officers of gifts and hospitality and any personal or financial interests that might be relevant to the conduct of MPA business. Members were informed that the MPA was a far smaller organisation than the MPS, but one problem the MPA encountered was in which capacity members who represented both the GLA and MPA recorded their declarations.

MPS corporate governance framework update

The report provided a progress update on the MPS’s corporate governance framework and included updates on the areas identified by the MPS Annual Assurance Statement. Members asked about Barclaycard expenditure and requested more information on this in future reports. The Director of Resources reiterated that monthly meetings were held with business groups to monitor this expenditure, adding that if there appeared to be problems, cards could be stopped or limits reduced.

Implementing International Financial Reporting Standards

In March 2007, the Government announced in the Budget Report the intention that all government and other public bodies should publish their annual financial statements in line with International Financial Reporting Standards. Early planning was seen as key in successfully making the transition to the new arrangements and this report updated members on progress made since the last update in June 2009.

MPS corporate risk assessment and management

A report was received providing an update on the implementation of the MPS risk management strategy. The Chair stated that at the last meeting he had stated explicitly that the Committee wanted to see the risk register; likewise this had been clearly stated in the commissioning brief. Members endorsed the Chair’s stance. Members noted the update provided on the implementation of the MPS risk management strategy but did not agree with the approach proposed for providing reassurance to the Committee on the Service’s work in respect of risk management; and expected to see the risk register at the next meeting.

Annual Governance Statement – quarterly update

Members noted the progress in addressing the significant governance issues included in the 2008/09 Annual Governance Statement for the MPA.

Treasury Management action plan - update

Members received a regular update report on the progress in implementing the treasury management action plan agreed by Finance and Resources Committee on 5 March 2009.

Adjustment to the statement of accounts

This report informed the Committee of an adjustment in respect of the level of recovery of Icelandic bank debt, following approval of the Statement of Accounts 2008/09 by the MPA in June 2009.

Internal Audit progress report

The report summarised the work of Internal Audit for the period April 2009 to September 2009. The report also highlighted the results of significant Internal Audit work to date and the adequacy and effectiveness of control in MPS systems where Internal Audit had issued final reports since April 2009. The Chair asked that the Committee’s thanks to the Director of Internal Audit for his service to both the MPS and MPS be recorded, noting that Internal Audit, which had moved from the MPS to the MPA on the formation of the MPA also served the people of London.

Sports club update (oral update) (exempt)

The Divisional Director, Estates Management, stated that negotiations with Imber Court Sports Club were still continuing.

High-risk audit recommendations (exempt)

This report updated members in relation to the outstanding high-risk MPA Internal Audit recommendations as at September 2009.

Business charge card update

A report was received updating members on progress made in reviewing and investigating the potential misuse of MPS Amex charge cards. This report was discussed in part 1 of the meeting. The Chair noted that it was public knowledge that currently 1,183 officers would receive guidance in relation to their card use. It was noted that the majority of these cases were ones whereby the card was used outside of policy but for an operational purpose and this approach had been agreed with the DPS, MPA, CPS and IPCC as a proportionate sanction. The guidance was in the form of a letter, stating that the card was previously used outside of policy and warning against further misuse.

Finance and Resources Committee – 17 September 2009

Members present: Steve O’Connell (Chairman), Reshard Auladin, Faith Boardman, John Biggs, Dee Doocey, Deborah Regal, Graham Speed and Richard Tracey.

Business considered by the Sub-committees

Oral updates were provided on the work of the Resources Sub-Committee, Productivity and Performance Sub-Committee and Estate Panel.

Revenue and capital budget monitoring 2009/10 – period 4

A report was submitted which provided an update on the revenue and capital budget monitoring position for 2009/10 at period 4 (to the end of July). The revenue budget was forecast to overspend by £22.3m (approximately 0.7% of budget). The capital programme as at period 4 showed year to date total expenditure of £35.1m. This represents 15% of the revised annual budget of £234.2m. The forecast for the year of £218.5m was £15.7m below the revised annual budget.

Efficiency plan monitoring 2009/10 –as at first quarter

This report provided an update on the monitoring of the MPA/MPS 2008/09 – 2010/11 efficiency plan. Overall, the forecast indicates an over-achievement against the 2009/10 cumulative efficiency target (year 2 of the 3 year plan) by £4.4m.

Review of financial and contract regulations

This report provided details of proposed changes to financial and contract regulations and the scheme of delegation highlighted as part of the annual review. Only minor changes were proposed as a more fundamental review of the regulations was undertaken in 2007.

Icelandic bank – impairment adjustment

This report requested the Committee’s approval to transfer an additional £2.8m from reserves to fund an additional adjustment in the 2008/09 Statement of Accounts, in respect of the potential level of recovery of Icelandic bank debt.

Estates update

A report was submitted which provided an update in regard to the estates responsibilities covered by Property Services. The Chairman congratulated officers for the gold award as part of the Mayor’s Green Procurement Code. It was agreed that a visit be organised for members interested in seeing the completed Greenwich patrol base.

Stage 2 of the Safer Neighbourhoods Property Programme

Following approval by the Finance Committee in December 2007 contracts for the Stage 2 of the Safer Neighbourhoods Property Programme were awarded in January 2008. The first 26 bases had been completed and work was progressing, with a further 63 already in the process of acquisition/development (at end of July 2009). This report sought to update Members on the progress made in the last six months. The Chairman asked to be supplied with a list of the bases which had opened.

Corporate insurance renewal

The renewal of the insurance programme with effect from 1 October 2009, on the basis outlined in the report and exempt appendix were agreed. It was noted that subject to confirmation of the final property insurance premium and in line with current policy, the identified savings for the 2009 renewal were up to £65,914, of which savings of £12,447 in 2009/10, and £24,895 in a full year, would be transferred to motor liability reserve on the balance sheet and savings on the property policies of up to £20,509 in 2009/10, and up to £41,019 in a full year would be transferred to the property damage insurance reserve on the balance sheet.

Real Time Communications Tranche 1 – Essential Telephony Replacement (exempt)

The replacement of the two communications networks by a single, modern, integrated telecommunications service under the banner of the Real-Time Communications (RTC) programme had been the subject of detailed discussion and analysis over the last three years. Approval was given to commission the delivery of RTC Tranche 1.

Provision of Temporary Agency Worker Services (exempt)

A report was submitted which described the outcome of the formal competitive tendering exercise for the provision of Temporary Agency Worker (TAW) services together with recommendations and justification for the award of a contract.

Transforming HR (exempt)

A report was submitted which summarised the current status of Transforming HR. It described the challenge facing the programme, especially relating to the testing process. It confirmed that the technical model - necessary to the new structure – was not yet ready to proceed due to an assessment of the risks highlighted in the report.

Standards Committee – 23 September 2009

Members present: Stephanie Caplan (Chair), Anne Dickens (Vice Chair), Jennette Arnold, Christopher Boothman, Toby Harris, Kirsten Hearn, Deborah Regal and Richard Tracey.

Protocol on confidential briefings and information

The Committee considered proposed guidance for members on their responsibilities when in receipt of confidential information. The Committee had asked for this protocol to be produced as a result of a complaint against a member which related to the possible disclosure of confidential information (although the Committee and the GLA Standards Committee had determined that there had been no breach of the Code of Conduct). Members made some amendments to the protocol and recommended it to the Authority. The protocol is attached as Appendix 1.

Recommended - That the protocol attached as Appendix 1 be approved.

Standards Committee (Further Provisions) England Regulations 2009

Joint Standards Committees

The Committee were informed that with effect from 15 June 2009 new regulations enable two or more authorities to set up a joint standards committee to discharge all or some of those authorities’ standards functions. This discretion could be particularly useful for smaller authorities or where an authority does not have to deal with many standards complaints and there is therefore an issue for both officers and committee members in developing the necessary expertise in handling such complaints. There is also a benefit where members of one authority are ‘conflicted out’ of hearing a case.

There are four stages in the complaint process:

1.  An Assessment Sub-Committee considers whether or not an allegation against a member should be investigated or other action taken
2.  Where the Assessment Sub-Committee has decided that no action should be taken the complainant can request that a Review Sub-Committee reviews that decision
3.  Where either sub-committee has decided that an investigation should be carried out the Standards Committee will consider that report
4.  If the investigating officer has found that there has been a breach of the Code and the Committee agrees then a hearing is conducted to consider the case and to come to a decision.

Under the new regulations authorities can join together to carry out:

• Just the assessment function
• The assessment and review functions
•  The whole range of Standards Committee responsibilities set out in the legislation (but no more than is provided for in the legislation)

In considering the options, the Committee’s view was that, subject to further discussions and more detailed proposals, it favoured a joint arrangement for the assessment and review functions rather than for all of the committee’s functions. Without ruling out a joint arrangement that included the Greater London Authority, the Committee felt that a joint arrangement with the London Fire & Emergency Planning Authority would be the most practical and asked the officers to discuss this further with LFEPA.

Any decision in this respect must be taken by the full Authority and a further report to the Standards Committee and the Authority will be made in due course.

Dispensations to Members

The Standards Committee is responsible for deciding on requests from MPA members for a dispensation to take part in the business of the Authority or one of its committees in circumstances where they would otherwise be precluded due to an interest recorded in the register of interests.

These new regulations have revoked the previous regulations governing the granting of dispensations. A guidance note will be issued to all members giving further details.

Copies of reports and minutes from the Authority and its Committees are available from the MPA website.

Contact details

Report author(s): Nick Baker, MPA Committee Services team

For more information contact:

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

Appendix 1

Protocol on confidential briefings and information - guidance for members

1. Introduction

1.1 From time to time MPA members will be briefed or given information on matters which are confidential. These might include critical incidents, significant policing operations, court cases or internal staffing issues.

1.2 Whilst it is difficult to give a cover all definition of ‘confidential’ the following are relevant factors in judging the degree of confidentiality:

• Whether disclosure could lead to the risk of compromising a policing operation or to financial or other damage to the MPA or the MPS
• The protective marking of any documents (‘restricted’ and above)

1.3 This protocol sets out the principles on which such briefings are based and the obligations placed on members to maintain the confidentiality of that information. A breach of confidentiality could be a breach of the Member Code of Conduct.

1.3 Confidential information can be provided in writing or orally. This protocol applies to both. The circumstances in which briefings are given, and which are covered by this protocol, include:

• Individual briefings and in particular any confidential information given by the Commissioner and senior MPS/MPA officers or staff to the Chair or Vice-Chair of the MPA or its committees
• Briefings for individual members because of their particular role or responsibilities
• To borough link members on critical incidents in their borough
• Briefings offered to the wider MPA membership

1.4 Currently the Mayor of London is the Chair of the MPA and 11 of its members are Assembly Members. A breach of confidentiality by one of those members might represent a breach of both the MPA and GLA Member Codes of Conduct.

1.5 The MPA expects Assembly Members appointed to the MPA to ensure that their GLA support staff respect the confidentiality of any information they handle on behalf of the member which has been provided as a result of that member’s MPA membership. The general rule is that GLA staff are not permitted to attend MPA briefings, even when the member they support is unable to be present, other than with the specific agreement of the MPA Chief Executive.

1.6 The principles in this protocol also apply to MPA staff and a breach of confidentiality could be a disciplinary matter.

2. Background

The ‘Need to Know’

2.1 All members of the Authority have a legal right to information that is necessary to enable them to perform their duty as a member (the ‘need to know’ principle). Sometimes a member’s ‘need to know’ will be presumed. At other times the member will need to satisfy the Chief Executive or Monitoring Officer about their need to know. It follows, therefore, that there may be occasions on which a member may be denied information.

Security clearance

2.2 Most MPA members are security cleared to Counter Terrorism Clearance (CTC) level. Some members are cleared to Security Check (SC) level because of their particular roles.

Member responsibility to maintain confidentiality

2.3 Both the MPA and GLA Member Code of Conduct contain several provisions relevant to the member responsibilities in respect of confidential information, in particular:

4. You must not:

1. disclose information given to you in confidence by anyone, or information acquired by you which you believe, or ought reasonably to be aware, is of a confidential nature, except where:
   1. you have the consent of a person authorised to give it;
   2. you are required by law to do so;
   3. the disclosure is made to a third party for the purpose of obtaining professional advice provided that the third party agrees not to disclose the information to any other person; or
   4. the disclosure is-
      • reasonable and in the public interest; and
      • made in good faith and in compliance with the reasonable requirements of the authority; or
2. prevent another person from gaining access to information to which that person is entitled by law.

There is a range of penalties available for breaches of the Code of Conduct, from warnings to suspension or disqualification.

2.4 If information is covered by the Official Secrets Act a breach may result in criminal proceedings.

3. Responsibilities

3.1 The overriding principle is that nobody who attends a confidential briefing or is party to confidential information should share it or discuss it with anyone else unless they were also party to that information.

3.2 There are limited exceptions to this principle. For instance the Chair or other members may receive information in confidence which he or she needs to discuss with the MPA’s Chief Executive.

3.3 At the start of a briefing or at the point when information is shared, all parties need to be clear about the basis on which the information is imparted. However, some of the areas covered may already be in the public domain, via press reports etc. For the avoidance of doubt, the person giving the information should specifically identify pieces of information that are particularly sensitive and must remain confidential.

3.4 MPA members may be asked to give media interviews either about the briefing or the matter that was the subject of the briefing. There is an absolute bar on a member referring to the confidential content of the briefing. This does not prevent members expressing their personal view on an issue provided that in doing so they do not disclose confidential information. Where the briefing was about an ongoing issue such as the terrorism threat, a member may be uncertain about what is or is not confidential or what has already been placed in the public domain. In these circumstances a member should seek advice on what is or is not confidential.

3.5 If in doubt, a member should discuss any concerns or uncertainties with the Chief Executive or the Monitoring Officer before doing anything that might put them in breach of their obligations.

3.6 MPA Members are asked to inform the MPA Communications Unit in advance of any media interviews they intend to give which may touch on confidential or sensitive issues.

4. Conclusion

4.1 MPA members must make sure that they do nothing to compromise the confidentiality of information they receive. To do so may, for instance, place police investigations in jeopardy as well as leading to a reluctance on the part of the MPS to share sensitive information with the MPA. The Mayor and Assembly Members who are also MPA members have a responsibility to ensure that their staff respect that confidentiality too.

4.2 If members have any questions or uncertainty about the application of this policy and procedure they should contact the Chief Executive or the Monitoring Officer for advice.

Send an e-mail linking to this page

Feedback