Minutes

Minutes of the meeting of the Metropolitan Police Authority held on 26 November 2009 at Chamber, City Hall, The Queen’s Walk, London, SE1 2AA.

Present

Members

• Boris Johnson (Chair)
• Kit Malthouse (Vice Chair) Items 4-11
• Reshard Auladin
• John Biggs
• Faith Boardman
• Christopher Boothman
• Valerie Brasse
• Victoria Borwick
• Cindy Butts
• James Cleverly
• Dee Doocey
• Toby Harris
• Kirsten Hearn
• Neil Johnson
• Jenny Jones
• Clive Lawton
• Joanne McCartney
• Steve O’Connell
• Deborah Regal
• Graham Speed
• Richard Tracey

MPA officers

• Catherine Crawford (Chief Executive)
• Jane Harwood (Assistant Chief Executive)
• Annabel Adams (Acting Treasurer)

MPS officers

• Sir Paul Stephenson (Commissioner)
• Tim Godwin (Deputy Commissioner)
• Anne McMeel (Director of Resources)

46. Apologies for absence and announcements

(Agenda item 1)

46.1 Apologies for absence were received from Jennette Arnold, Caroline Pidgeon and Deborah Regal. Apologies for lateness were received from Kit Malthouse.

47. Declarations of interests

(Agenda item 2)

47.1 No declarations were made.

48. Minutes: 29 October 2009

(Agenda item 3)

48.1 Members considered the minutes of the Authority meeting held on 29 October 2009

Resolved – That the minutes of the Authority meeting held on 29 October 2009 be agreed and signed as a correct record.

49. Chairman’s and Vice Chairman’s update

(Agenda item 4)

49.1 The Chairman reported on a number of events that had taken place since the last meeting of the Authority. He reported that earlier that morning he had launched a safer travel at night campaign to discourage the use of unlicensed minicabs during the forthcoming Christmas period. Other points raised by the Chairman included:

• Attendance by several members at the Commissioner’s service conference.
• Delivery of a keynote speech by Victoria Borwick at the Association of Police Authorities conference, which had focused on MetForward, accountability and public redress. The Chairman also informed members that Victoria Borwick had also chaired a discussion on facilitating protest and had highlighted some of the initial work of the Authority’s Civil Liberties Panel.
• Details of recent joint engagement meetings with Wandsworth, Islington, Merton, Hackney, Richmond and Barnet. In doing so, the Chair thanked Kit Malthouse, James Cleverly and Steve O’Connell for chairing those meetings.
• Noting the attendance by the Chief Executive at the celebrations of the first 90 years since the first woman police officer joined the MPS. In doing so the Chairman congratulated the pioneering women who had joined the police in 1919 and acknowledged the contribution and impact female officers had on policing London during those 90 years.

49. 2 The Chairman concluded by reporting that he and other members would, following the meeting, be attending a memorial service to honour officers who had lost their lives in the line of duty for the MPS and the people of London

Resolved – That the Chairman’s and Deputy Chairman’s update be noted.

50. Petition

(Agenda item 5)

50.1 A petition had been received signed by in excess of 1,500 people, and had been submitted to the Authority by Mary Honeyball MEP in the following terms:

‘We the undersigned petition the Commissioner of the Metropolitan Police, Sir Paul Stephenson, to retain its dedicated specialist unit dedicated to combating the crime of human trafficking’

50.2 Chief Executive responded as follows:

“This matter is the subject of a wider review of how the MPS responds to organised immigration crime and is being led by Commander Simon O'Brien. The MPS response currently operates over a number of command units (OCUs) and business groups. Included within this review is how the MPS approaches human trafficking in all its forms, including for sexual exploitation, domestic servitude and labour exploitation. The focus of the review is to improve the MPS' response to all areas of organised immigration crime and the very important issues that emerge from the exploitation of vulnerable people, especially women and children”.

“A significant amount of consultation has been conducted and views continue to be sought from a wide variety of stakeholders.

“At the last meeting of the full Authority, the Commissioner gave clear assurance that once the review has been considered by the MPS Management Board (now scheduled for 8th December 2009) a report would be prepared for the MPA.”

50.3 The Commissioner added that the MPS acknowledged that the issue of human trafficking was important and whatever the outcome of the review was it would continue to be treated as a serious policing matter.

50.4 The Commissioner reminded the Authority that it was the Home Office that had removed funding of the Unit and that this had resulted in the need to review. He added that the low conviction rate had not been a consideration to review and that as this was a difficult area to police and of law enforcement conviction rates would not have been a natural performance indicator.

50.5 As part of the review and consultation, the Commissioner informed members that areas of significant degrees of duplication between the trafficking unit and other units had been identified. As part of his duty to make the best use of money he stated that the organisation needed to address this issue, both eliminating duplication and to ensuring existing high standards are maintained. The Commissioner confirmed that the MPS Management Board would be discussing the review and reporting back to the Authority on the outcome of those deliberations.

50.5 At the invitation of the Chairman, members were invited to comment on the petition. A number of points and comments were made and these included:

• Disappointment that the review by the MPS of the future of human trafficking service was being considered after the budget had been passed.
• That as previously highlighted human trafficking consisted of various types of trafficking and that if prostitution trafficking is moved to clubs and vice, there could be damage or loss of focus on other trafficking matters such as slavery, forced labour, or severely under-privileged labour.
• A request was made that the options being considered by the MPS Management Board be shared with members prior to the report coming back to the Authority. Some members felt that if an option was to retain human trafficking as a discrete unit within clubs and vice, this may alleviate some concerns.
• Members felt that a steer on this matter from the Chairman may assist the MPS when considering this matter. The Chairman stated that there should be maximum efficiency in dealing with human trafficking, particularly during the run up to the Olympics and that the MPS should have a concern to deliver the most effective possible response.
• Some members emphasised the symbolism of having a human trafficking unit and it were abolished or subsumed into another unit the effect this could have on the effectiveness of the operation.

50.6 The Chairman then invited the petitioner, Mary Honeyball to make any final comments she may have. She welcomed the debate and looked forward to considering the Commissioner report’s on the future of the human trafficking unit. She added that she was aware that it was the Home Office who had cut funding to the Unit, but it was important to note that funding had been for only a few years on the understanding that it would be picked up by the MPS at some stage.

Resolved – That the petition be received.

51. Commissioner’s report

(Agenda item 6)

Performance issues

51.1 The Commissioner presented a report summarising the progress of the MPS against the objectives in the Policing London 2009-2012 Business Plan. The report covered the periods September and October 2009 with data for individual measures reflecting the rolling year ended 30 September 2009

Other matters

Youth murders

51.2 The Commissioner stated that since the last meeting of the Authority there had been one further death of a young person, which was currently being investigated. This bought the number of murders this year to 12 compared to 29 last year. The Commissioner, whilst stating that 12 murders was 12 too many, believed that the significant decrease was as a result of Operation Blunt and other initiatives.

Rape

51.3 The Commissioner highlighted the increase in recorded rape and the performance challenge this posed for the MPS.

51.4 In highlighting this increase, he stated that he believed that the rise could be attributed to an increase in victims reporting incidents, which was a positive as rape had been an under reported crime. He also pointed out that improved services by the MPS and havens for victims of serious sexual crimes were also encouraging reporting. He felt that the challenge for the MPS was now to understand what part of the increase is due to increased reporting and which part is due to a possible increase in this crime.

51.5 The Commissioner added that the increase reported this month was set against a significant decrease in the same month last year and that the MPS were engaged in understanding the reasons for this. The Commissioner also stated that following structure changes and the decision to specialise on this matter, the MPS would continue to review this decision. Further work would also be undertaken including ensuring that the figures were fully understood and keeping a focus on differentiating between what was success in the figures and what was an increasing problem. Once the work on this was completed it would be shared with the Authority.

Burglary

51.6 The Commissioner reported that Operation Bumblebee was proving successful, however, as well as preventing crime he was keen to also detect crime and in relation to arrests there was a great deal of success, however, burglary remained a concern.

51.7 In relation to burglary, the Commissioner highlighted his concern as to what happens after an offender has been charged. In some cases offenders were being bailed by courts for burglary offences, against the recommendations of the MPS and that there is evidence that they re offend. He suggested that there was a need for further discussion around this point with criminal justice partners and work by the MPS and he would provide any update in future reports to the Authority.

Operation Minstead

51.8 The Commissioner confirmed that an arrest had been made in relation to this Operation. He could not go into further detail as this issue was now sub-judice. Once this matter had been considered by the courts, he stated that the MPS would be looking at the lessons learnt and if necessary a referral to other agencies to review.

Issues raised by members

Policing of shopping centre

51.9 A member asked for details of who pays for policing of large shopping centres and the necessity to have Airwave.

51.10 The Deputy Commissioner confirmed that current policy is that if the policing requirement is inside private premises, such as a shopping centre, the cost falls to the owner. He informed members that this is usually undertaken through a funding arrangement through a local authority and gave the example that Westfield Shopping centre owners pay Hammersmith and Fulham Council, who have procured additional police assets such as additional neighbourhood teams that police that area and the shopping centre. Other schemes were in place whereby other centres have bought additional police officers and PCSOs.

51.11 The Deputy Commissioner, confirmed that in terms of Airwave, the MPS try to make this as part of the Section 106 planning application to local authorities, but he added that this was currently the subject of some legal challenges. In some cases for large shopping centres the planning application had been in place sometime before and therefore the MPS has had to pay for delivery of Airwave. Members asked for an assurance in relation to privately financed development in the Olympic Park at Stratford that no costs for additional airwave facilities would fall on the MPA budget. The Deputy Commissioner confirmed that this would be part of the Section 106 planning application and that it was subject to consideration by the planning authority and possible previously mentioned legal challenges.

Helicopter Noise

51.12 A member asked whether, to reduce noise from helicopters, it was possible to fly them a greater altitude and muffle rotors as was done by the American military. The Commissioner felt that there may be issues around height that helicopters can fly and compliance with civil aviation regulations, but agreed to report back to members on these matters.

Conviction rates of woman for possession of fire arms

51.13 A member reported that following a question at a London Assembly Plenary meeting, details had been provided that out of a total of 367 fire arm offences involving women, 108 had resulted in charges, but 246 had been cautioned. Members were concerned that this seemed to be a large numbers of cautions for that crime.

51.14 The Commissioner confirmed that in the cases of the cautions all had been had been for possession of CS gas or pepper spray and all those charged were for being in possession of a firearm. He added that those charged for being in possession of a firearm would have been because the firearm would have been capable of firing ammunition or endangering life and while it is was not acceptable to carry CS or pepper spray there was a difference and that is reflected in the figures. The Commissioner stated that this confusion is the same that the Authority has discussed before about how crimes are classified.

Fixed penalty notices

51.15 Arising from the discussion on cautions, a question was put regarding fixed penalty notices and if the MPS had any internal targets to reduce the issuing of them and putting people before a court.

51.16 The Commissioner confirmed that fixed penalty notices are issued under national guidelines. The Commissioner felt that there was a need for balance and that they should not be ruled out for the right type of disposal and where they fit the offence. He added that he would be concerned at the use of cautions and fixed penalty notices for offences where the public might expect to see more visible justice. However, he added that there had to be a system in place able to cope with possible increases in the need to put offenders in front of a court and suggested that some courts may need to be sitting longer or outside normal hours.

51.17 The Deputy Commissioner informed members that the Office of Criminal Justice Reform was looking at this issue including reviewing the process for the issuing terms of cautions, conditional cautions and fixed penalty notices. He also added that from mid December a virtual court in Westminster would be able to have virtual sittings from 9.00 am to 7.30 pm thus allowing somebody to be in court within two hours of being charged. It was intended to roll this out to four other boroughs (Lambeth, Lewisham, Southwark and Greenwich) after which it is intended to roll it out to the 15 charging centres.

51.18 Following request from members it was agreed that a report be presented to a future meeting of the Strategic and Operational Policing Committee on the use of cautions The Commissioner asked that that the report also take account of the outcomes of the pilot currently underway of virtual courts which does not conclude until a few months time.

Camera Safety Partnership

51.19 The Commissioner agreed to provide a note to members regarding information on the number of disqualified drives by the Partnership and how many of those disqualified had other convictions.

HMIC report

51.20 Members were invited to ask questions relating to the recently published HMIC report on policing public order. Members raised the following questions.

• Would the Commissioner comment on the positive issues arising from the report?
• Would the Commissioner comment on the reports suggestion that the role of ACPO should be reviewed?
• In relation to the Olympics and comments made by HMIC about the need to ensure that the policing of the Olympics was being addressed, would the MPS be acting on recommendations made or ignoring some?
• Following the success of the climate camp during the summer, would the policing of this event now be the ‘default position’ for policing public order events?

51.21 The Commissioner reminded members that he had commissioned the report from HMIC, with two key areas one of which was the tactic of containment and was it right and if it was could it be improved. He confirmed that this was included in HMIC first report and that all recommendations were accepted and were being implemented. He added that the policing of the climate camp in the summer had evidence of the MPS working quickly, accepting recommendations and putting them into action.

51.22 The second key area that HMIC were asked to look at was the escalation of force, including looking at equipment used and training and the Commissioner stated that he was not surprised that these had been highlighted in depth in the report. The Commissioner added that this second report focuses on national issues and about the consistency of training across forces and with this in mind it was important for the policing of the Olympics where officers from other forces will be policing. The Commissioner also reminded the Authority that the HMIC did undertake an inspection across the country last year on public order matters and the MPS came out at ‘green’ standard, and that the report supported his view of the need for consistency across the country.

51.23 The Commissioner confirmed that he accepted the first report’s recommendations on escalation of force and that these were being embedded into the organisation. The second report was more related to national policing and the MPS were working with other police forces to assist, guide, and learn in equal parts.

51.24 The Commissioner did not agree that the MPS had ignored recommendations. He acknowledged that recommendations were not accepted on an operational basis, but these were rarer and that he had responsibility to the law for discharging operational matters. He added that there would be occasions when the MPS would be honest and be open if it did not accept a recommendation.

51.25 Arising from the issue of accepting recommendations the Commissioner was asked to confirm that the recommendation that officers should not confer when writing up notes unless they are videoed or audio recorded, which is not an operational matter, had been accepted. The Commissioner confirmed that procedure had been altered, supported by the IPCC and that national guidelines were being worked on so significant parts of the recommendation had been implemented.

51.26 The Commissioner turned to the comments made about the possible review of ACPO and stated that he supported the need to looks at structures and the way it deals with matters and governance matters.

Violence at hospital A&E departments

51.27 In response to assaults at hospitals and specifically accident and emergency departments the Commissioner agreed that there was an issue around increases in incidents around the Christmas period. He agreed to circulate to members details of any available figures.

51.28 The Commissioner added that the MPS were keen to support colleagues in the health service, but he was reluctant to commit to deploying officers to A & E departments across London and stated that hospitals and other public organisations had a duty to look after the security of their staff, which he was confident they were doing.

Burglary

51.29 Members recognised the challenges around the increase in burglary and asked the Commissioner to comment on the apparent increase on apparent ‘teams’ moving across boroughs or from outside the MPS area. The Commissioner reiterated the successful work being undertaken by Operation Bumblebee and the increase in arrests and charges, and stated that this operation was trying to support boroughs with the highest increases. He added that borough did have to look at this problem themselves and make an analysis of intelligence of where the source of the problem was. He acknowledged that the mobility of burglars was an issue, but this was different borough by borough and he suggested that the increase in burglary was down to a number of factors, which could not be dealt with by one solution. Operation Bumblebee, he added, was about assisting borough with some additional assets and about analysing specific problems including those from the actual committal side of enforcement issues.

Domestic Violence

51.30 Members asked the Commissioner about the ACPO led review on whether or not to establish a register of domestic violence offenders.

51.31 The Commissioner stated that from the very positive work undertaken by the MPA, MPS and other organisations and the improved intervention work around domestic violence it had shown how much of a complex issue domestic violence can be and where enforcement is not the only answer. He confirmed that the MPS were looking at the ACPO led review, but at this stage he felt that such a significant change warranted further public debate. He also felt that the police cannot enforce implementation on its own and there was a balance to be struck between civil liberties and security, therefore it was ultimately a matter for Parliament.

Knife Crime displacement

51.32 Members welcomed the increasing success in tackling knife crime and Operation Blunt. However, members asked the Commissioner about possible areas of displacement. They acknowledged that one area of displacement was the use of dangerous dogs as weapons and that work was being undertaken on this matter. The other area of concern related to gun crime, where there appeared to be an increase in gun usage with often discharges where nobody has been shot.

51.33 The Commissioner agreed that as previously reported to the Authority gun crime was an increasing concern. At this stage, however, he did not see it as part of a displacement issue, but more around gun related robbery or a status issue. He added that the MPS were concerned about increases in gun related crime and where actively trying to combat this problem and that the MPS refused to remain complacent about this matter. The Commissioner also agreed with members that people who tend to carry knives are very different to those who carry guns.

51.34 Members noted the Commissioner’s comments and asked that if there was no discernable link between knife and gun crime had any analysis on this matter been undertaken and if so could members receive this. The Commissioner stated that this was an ongoing piece of work, but he was happy to share with members details on the proviso that this was not conclusive that there could never be any linkage.

Operation Minstead

51.34 Following the recent arrest as part of Operation Minstead, members asked, in due course, if they could be informed whether DNA had played a significant role in the arrest and subsequent actions that might arise from that arrest. Members stated that they were aware that during the 17 year old investigation community members in south London, particularly the black and ethnic minority community had concerns about the operation and that the MPS had worked very hard with those communities during this period. A demonstration of that community engagement had been a large amount of black men coming forward to voluntary give their DNA and there was now concern in that community of possible changes into where that information may be retained in future.

51.35 The Commissioner on the grounds that the case is currently being processed and not wanting to prejudice himself stated that he did not wish to debate the issue in any detail at this stage. However, he reminded members that this operation would be subjected to review and that this and other legitimate questions would form part of that review.

51.36 Members asked the Commissioner about reassurances being given to the elderly that they are safe following this arrest. The Deputy Commissioner stated that as the investigation progresses other victims may come forward and there is in place an infrastructure to support them. Officers are working closely with the local authorities on burglary and are working closely with vulnerable people.

Confidence indicators

51.37 Members congratulated the MPS on the significant improvement of the confident indicators and asked for comment on the less successful indicators such as victim satisfaction and confidence that people were being treated with respect.

51.38 The Deputy Commissioner confirmed that confidence figures had improved, but there was still a lot to be done around this area. In terms of satisfaction levels, the Deputy Commissioner stated that this could be linked to traffic incidents where the MPS do not respond to damage only incidents and which are dealt with directly by insurance companies. Londoners clearly expect more around this issue and he agreed that this could be developed by better communication. He also acknowledged the decrease in satisfaction from victims of violence and that MPS were looking at this decrease. This included working with London Criminal Justice Board on improving long listings for crown court trials which can lead to dissatisfaction.

51.39 Value for money profiles

Members noted that the HMIC would be releasing the value for money profile for the MPS. Members asked how the MPS intended to share this information with the MPA.

51.40 The Deputy Commissioner confirmed that the profile had not yet been received by the MPS, but confirmed that it would once received be shared with the Authority.

Human Rights Watch report

51.41 Following the release of this report, members asked the Commissioner if he can give an assurance that no MPS officer could be deemed to be amongst the British officials and agents which the report alleges were complicit in torture cases in Pakistan. The Commissioner in response stated that he had no reason to believe any MPS officers were complicit, but he would check and come back with any assurances.

Partnership working in boroughs

51.42 At the last Authority meeting members had requested a briefing note on partnership working boroughs and best practice. Members now asked if this note could be updated to outline any developments of a model for joint tasking. The Commissioner agreed that the briefing note could be updated to include this.

Developing relationships with the Crown Prosecution Service (CPS)

51.43 Members asked about developing relationships with CPS on a local level, particularly as an issue in one area may cause a degree of anxiety ad may warrant proceeding to prosecution but maybe considered innocuous in another area.

51.44 The Deputy Commissioner confirmed that the CPS was creating a new position called Community Prosecutor whose task will be to engage at Crime and Disorder partnerships level and to pick up key issues that are of concern in that community, that they can then take decisions based on impact. The Deputy Commissioner added that there was a challenge in relation to the amount of prosecutors available and as referred to previously putting mote cases through courts will require more prosecutors in court.

51.45 Those issues that the Commissioner undertook to report back on to members have been circulated in the form of an addendum report and are appended to these minutes at Appendix 1.

Resolved – That the report be received.

52. Budget and Policing London Plan 2010 2013

(Agenda item 7)

52.1 Members received a report that set out the Budget and Business plan 2010-2013 and supporting financial information. The report also provided a statement on the robustness of the estimates by the Authority’s auctioning Treasurer and a copy of the mayor’s letter of consultation regarding the preparation of the draft component budget for 2010/11, together with the Authority’s response.

52.2 Following consideration of the budget and plan by the joint meeting of the Strategic and Operational Policing and Finance and Resources Committees, the Authority also received a supplementary report that set out comments and resolutions by members of those committees, as well as the Authority’s response to the 2010/2013 budget for the Greater London Authority and functional bodies in the ‘perpetration of draft component budget letter’.

52.3 In considering the budget and business plan members raised the following questions:

• Concerned was expressed by some members that there was little opportunity to ‘drill down’ further into the budget;
• Some members felt that there was a lack of clarity around rationale behind the reduction of overtime in some directorates
• Clarification on virement arrangements was sought.
• Further details on the loss of partnership funding from Transport for London regarding road safety.
• Concerns about the future delivery of the ICV by the MPA
• Members asked that the Business Plan correlates between the plan and met forward.

52.4 The MPA Acting Treasurer, stated that the budget would go for final approval in February/March and that the MPA would receive monthly monitoring reports and all virement above £2 million would have to be agreed by Finance and Resources Committee.

Jenny Jones requested that her dissent from the resolutions be noted.

Resolved- That members

1. note the draft budget and business plan 2010-13 as given at Appendix 1 to the report and supporting information as given at Appendix 2 to the report;
2. note the statement by the Acting MPA Treasurer (the Chief Finance Officer under the Local Government Act 2003) on the robustness of the estimates made for the purpose of the calculations and the adequacy of the proposed financial reserves (as given at Appendix 3 to the report);
3. note the 2010/11 Budget for the Greater London Authority and Functional Bodies Preparation of Draft Component Budget Letter and the Authority’s response to the Mayor (as given at Appendix 4 to the report;
4. Approve the draft Budget and Business Plan 2010-13 and supporting financial information for submission for the Mayor as per his budget guidance.

And in relation to the supplementary report:

Resolved - That the supplementary submission to the report on the draft Budget and Business Plan 2010-13 and supporting financial information be received.

53. Reports from committees

(Agenda item 8)

53.1 The Authority received a report outlining key issues that had been considered at recent Authority Committee meetings. The report covered the following meetings:

• Strategic and Operational Policing Committee - 15 October 2009
• Finance and Resources Committee – 22 October 2009
• Strategic and Operational Policing Committee - 5 November 2009

Resolved - That the reports from Committees be received.

53. Any other urgent business

(Agenda item 9)

53.1 There were no items of urgent business

The meeting closed at 11.44 a.m.

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