Minutes - draft

These minutes are draft and are to be agreed.

Minutes of the meeting of the Metropolitan Police Authority held on 24 June 2010 at City Hall, The Queen’s Walk, London, SE1 2AA.

Present

Members

• Kit Malthouse (Chairman)
• Jennette Arnold
• John Biggs
• Reshard Auladin (Vice Chairman)
• Faith Boardman
• Christopher Boothman
• Victoria Borwick
• Valerie Brasse
• Cindy Butts
• James Cleverly
• Dee Doocey
• Kirsten Hearn
• Jenny Jones
• Clive Lawton
• Joanne McCartney
• Steve O’Connell
• Caroline Pidgeon
• Valerie Shawcross
• Graham Speed
• Richard Tracey

MPA officers

• Catherine Crawford (Chief Executive)
• Jane Harwood (Deputy Chief Executive)
• Bob Atkins (Treasurer)

MPS officers

• Sir Paul Stephenson (Commissioner)
• Tim Godwin (Deputy Commissioner)
• Martin Tiplady (Director of Human Resources)

Part 1 - annual meeting

1. Apologies for absence and announcements

(Agenda item 1)

1.1 Apologies for absence were received from Toby Harris and Neil Johnson.

1.2 The Chairman confirmed that Richard Tracey had stepped down from the Authority and had been appointed to the LFEPA. Members joined the Chairman in thanking Richard for his contribution to the work of the Authority. The Chairman also confirmed that the Mayor had appointed Valerie Shawcross to the Authority as Richard’s replacement. Members welcomed Valerie to the Authority.

2. Declarations of interests

(Agenda item 2)

2.1 No declarations of interest were made.

3. Committee appointments member attendance

(Agenda 3a & 3b)

Agenda item 3a – members’ attendance during 2009/10
3.1 Members received a report that provided them with a record of attendances at MPA committees and sub-committees during the year since the last annual meeting in June 2009.

3.2 Members noted that the record of attendance did not cover such meetings as formal bodies that did not have a fixed membership, members’ briefings or informal member level groups. Nor did the record take account of other member commitments such as their link borough role or to the Authority’s scrutiny investigations.

Resolved - That the report be noted.

Agenda item 3b – Appointments

3.3 A report was received asking members to make a number of appointments including positions of chairman/vice chairman of committees; membership of committees, representation on outside organisations and the approval of co-opted membership.

3.4 Members noted that in accordance with the Metropolitan Police Authority Regulations 2008, the Mayor had appointed Kit Malthouse as Chairman of the Authority and Reshard Auladin as Vice Chairman of the Authority.

Resolved - That

1. members note that the Mayor had appointed Kit Malthouse as Chairman of the Metropolitan Police Authority and Reshard Auladin as Vice Chairman of the Authority
2. appointments to the positions of chairmen and vice chairmen of committees as given at Appendix 1 to the minutes be agreed;
3. the membership of the committees as given at Appendix 2 to the minutes be agreed and membership of sub-committees will be ratified by the ‘parent’ committees;
4. the appoints of members to represent the MPA on outside bodies and the appointment of Valerie Brasse and Kirsten Hearn as co-Chairs of the MPA Domestic and Sexual Violence Board as given at Appendix 3 to the minutes be agreed;
5. the co-opted members to the Corporate Governance Committee and the Community Engagement and Citizen Focus Sub-Committee (referred to at para 13-18 of the report) be appointed until June 2010: and
6. all appointments be effective until the Authority’s next Annual Meeting in 2011.

4. Appointment of Independent Members to the MPA Standards Committee

(Agenda item 4)

4.1 Members received a report that asked them to formally approve the recommendations from a selection panel of three people to the MPA Standards Committee for a four year period.

4.2 Members noted that the Chairman of the MPA Standards Committee, Stephanie Caplan, had served two four year terms and had not stood for reappointment. The Chairman of the Authority agreed to write to her on behalf of members thanking her for her work with the Authority’s Standards Committee.

Resolved - That

1. John Bowers, Anne Dickens and Janet Gray be appointed to the MPA Standards Committee for a four year period with effect from the date of this meeting, subject to security clearance; and
2. the Chairman write to the former chair of the MPA Standards Committee thanking her for service to that committee.

Part 1 – ordinary meeting

5. Minutes: 27 May 2010

(Agenda item 1)

5.1 Members considered the minutes of the Authority meeting held on 27 May 2010.

Resolved – That the minutes of the Authority meeting held on 27 May 2010 be agreed and signed as a correct record.

6. Chairman’s update

(Agenda item 2)

6.1 The Chairman informed the Authority of a number of meetings/events that he had attended since the last meeting of the Authority.

6.2 He began by congratulating colleagues in the MPS who had been recognised in the Queen’s Birthday Honours List, which included OBEs awarded to Martin Tiplady, Chief Superintendent Dal Babu and the MPA Chief Executive, Catherine Crawford.

6.3 In addition, the Chairman congratulated the three new commanders who had been selected to join the MPS. He confirmed that one was an MPS officer, Detective Chief Superintendent Christine Jones, and two were form external forces.

6.4 The Chairman outlined a number of meetings he had attended since the last meeting of the Authority and these included: three JEMS meetings, with MPS officers led three crime and safety road shows in South, East and North West London which had bought together local authority and local partners to discuss what is being done to cut crime and reduce serious youth violence through ‘time for action’ and met Forward. The Chairman confirmed that he had also completed the first round of member assessment interviews, which had been a useful two way discussion.

6.5 He concluded that he had also meet with new ministers, including the Home Secretary, to discuss the coalition’s plans for changes to police accountability and governance structures, the planning for the Olympics, counter terrorism, the planned review of police pay, terms and conditions and, of course, the scale and likely impact of reductions in central government police funding streams.

6.6 In response to members question regarding using dip sampling more widely, as a strategic tool to review areas of concern such as rapes cases and ’no crimes’. Members asked if the current process could be amended so that the MPA can give the MPS a high level steer by identifying areas where dip sampling could be focused in order to deal with issues of public confidence in the efficiency of particular types of investigation.

6.7 The Chairman stated that MPA is required to dip sample closed complaints against officers and summary information is provided to members of the Professional Standards Cases Sub-Committee. MPA Officers have just received IPCC training in the new guidelines and they in turn will be training members of Professional Standards Cases Sub-Committee on how to conduct dip sampling. The areas that members highlighted are of interest to the Authority already.

6.8 Rape has been subject of significant discussion by the Authority and work has already been commissioned to understand the increase in recorded rapes. In addition a new approach to gathering the views of victims in the treatment they have received has begun and indeed is a target within policing plan this year.

6.9 He added that the MPA has previously conducted a scrutiny into crime recording. No crimes is an issue that will be explored further within the TP performance reports coming to SOP. We do not want to duplicate work by HMIC or indeed work that is being undertaken within the MPS internally but we can certainly require a report to be brought forward to SOP and also determine how this can be included within the Met Standards strand of Met Forward

Resolved - That the report be received.

7. Commissioner’s report

(Agenda item 3)

Performance issues

7.1 The Commissioner presented a report summarising recent performance in the MPS, as well as operational and initiatives designed to tackle crime and make London safer.

7.2 In relation to performance, the Commissioner confirmed that the report was slightly behind with current figures and that it gave figures up till April 2010. He also had some early figures for May, but added caution in presenting figures for such a short period. He informed members that the current position up until the end of May was that notable offences were marginally down by approximately 0.2% which was 500 fewer cases.

7.3 The Commissioner stated that particularly good news was the on-going reduction of burglary. Following positive action in December 2009, burglary had decreased every month. He felt there were a number of reasons for this but highlighted activities in boroughs as a key factor. He also highlighted the decrease in motor crime, which continued to decrease by 1.3% over the first two reporting months. Further positive news was that serious violence had decreased by over 23%, over 500 fewer offences in the same period last year. The Commissioner added that a large part of that reduction was in most serious crime where knives had been used.

7.4 He reported a 1.5% decrease in reported domestic violence, but was conscious of possible under reporting of this crime. The Commissioner stated that the MPS took domestic violence very seriously as it had accounted for one in five homicides last year. He said that over the last five years, the MPS approach has seen domestic homicides reduce significantly from 43 in 2004 to 24 in 2009. He added that whilst homicide remained low, the impact of domestic violence had to be taken seriously and that work on building confidence in the reporting of this crime was important. He added that the MPS were currently engaged in a new advertising campaign to remind the public that they can also help reduce this crime and which encouraged them to report incidents.

7.5 Despite the reduction in most serious crime where knives had been used, the Commissioner informed members that knife crime remained a challenging area. He reported an increase of 4.6% (101 offences), but a decrease of 6.9% where a knife had been used to injure. The Commissioner reported that the increase was largely, but not wholly, attributed to knife enabled robberies and that he was particularly concerned about the overlap of knife crime and knife enabled robbery. The Commissioner also reported an increase of 16 gun crime offences and that these appeared to be, as with knife crime, an overlap with robberies and he confirmed that the MPS were currently undertaking a lot of work around this area.

7.6 Since the last Authority meeting, the Commissioner reminded members of another teenage homicide. The Commissioner stated that in it was always difficult to present these figures in context of such a tragedy and the effects it has on families and the community. He informed members that over the calendar year there had now been 11 such deaths compared with 10 the previous year. The MPS remained focused on working on prevention issues around serious youth violence, including suppression tactics and working with partners.

7.7 The Commissioner informed members that the MPS remained committed to reducing rape. Following a significant rise in the reporting of rape in terms of recordable offences, the MPS needed to fully understand the reasons for that increase and they were currently looking at this. He stated that it was important to understand if the increase was solely due to an increase in the confidence in reporting.

7.8 In conclusion to his report the Commissioner commented on recent Government budget reduction announcements. He stated that possible cuts to the MPS were not good news and that he would be discussing with the Authority, Mayor and ministers the nature of policing London and its challenges including those of the Olympics and counter terrorism.

Issues raised by members

7.9 Members had submitted a number of questions in advance of the meeting.

Purchasing processes

7.10 Members asked the Commissioner if he was happy with arrangements for the purchase of small items or the requisitioning of repairs by BOCUs (or indeed other OCUs) as it appeared that both the bureaucracy and the cost in small purchases appear unreasonable. The Commissioner outlined the current arrangements for purchasing items and stated that while he was satisfied that current arrangements had improved, he agreed that there was more that could be done to improve this situation. He added that work continued with boroughs on how the purchasing of smaller items can be better operated.

MPS spend on security posts

7.11 Members asked, in light of their responsibility of setting the budget and having a clear understanding of how that budget is spent, was the special grant given to the MPS for national and capital city functions only used to pay for dedicated security posts, or did it cover other costs. In addition, members asked what had been the MPS’s total spend on dedicated security posts in 2006-7, 2007-8, 2008-9, 2009-10, and predicted 2010-11, how much of this spend in each year was met by the special national and capital city function grant, and how much came out of the funding for normal police functions.

7.12 The Commissioner provided members with details of the MPS national and capital city functions and added that he remained dissatisfied with the amount that the MPS received and confirmed that he would continue to raise this concern with the appropriate ministers. Regarding the details of spend on dedicated security posts he reminded members that this information was not discussed in public but was presented to the Authority through the Counter Terrorism and Protective Services Sub-Committee.

Air Support Units (ASU)

7.13 Following a number of successful raids on organised drug crime, by the ASU, members asked what time and efficiency savings have been made by tackling crime in the last year using ASUs. The Commissioner stated that the ASU was a very useful tool in crime fighting which was both effective and efficient and which produced high quality evidence. He agreed with members that a reduction in flying time would be a concern and that he would need to be convinced of the benefits of shared resources through the National ASU, particularly if the MPS lost operational capacity.

Good practice

7.14 In relation to the crime figures for Harrow last year which were the best in the borough's history and, under the previous administration, burglary went down by 30% and gun crime was reduced by 18%. Members asked what lessons can be taken by the MPS from this success to tackle similar problems that are on the increase around London?

7.15 The Commissioner, whilst acknowledging the good figures produced by Harrow which were as a result of good leadership and intrusive supervision, he also flagged up other boroughs with good or improving crime figures. In doing so, he also praised the leadership and hard work of officers in those boroughs for improving performance. He confirmed that best practice was something that was shared with others and in response to members questions how the MPS acknowledged good performance, he reminded them of the commendation process and the importance of thanking staff.

Safer neighbourhood teams

7.16 Members asked what measures were in place to measure the work and success rates of Safer Neighbourhood Teams (SNTs). Members also asked what more can be done to ensure that SNT’s fulfil their roles and what lessons can be learnt from a recent case in Bromley

7.17 The Commissioner stated that he could not go into specific details regarding the cases referred to in Bromley as this was currently under investigation. He did, however, confirm that the matter had come to light following an internal investigation, as opposed to concerns being publicly exposed. In regard to measuring work of SNTs, the Deputy Commissioner confirmed that the EPIC process was used to monitor and measure outcomes of locally set priorities.

ACPO Cars

7.18 Members asked the Commissioner that a time when the Government is axing cars for Ministers, and the Mayor believes that the taxpayer should not pay for state-sponsored cars, how can the MPS justify the fleet of cars the MPS has for the use by senior officers.

7.19 The Commissioner confirmed that this matter was currently being considered by the Authority and that a report had been presented to a recent meeting of the Authority’s Remuneration and Human Resources Sub-Committee. However, he added that, whilst he understood that in the current financial climate this issue seemed unjustified he reminded members that ACPO ranked officers were entitled to receive drivers and cars as part of their contracts. He confirmed that some officers did not take up this facility and that there had been some changes to this provision which now saw officers sharing a pool of drivers which had seen a reduction from 26 to 19. He also felt that in some circumstances some posts the issue of security needed to be considered.

7.20 Some members remained dissatisfied that this facility remained part of officer’s contracts and urged the Commissioner to seek and support a change.

Police officers and second jobs

7.21 There have been some press reports recently about police officers, some quite senior, having second jobs. The Commissioner was asked if he could clarify what the rules are surrounding this.

7.22 The Commissioner confirmed that there was a process that existed for dealing with business interest for police officers and these are regulated by Regulations 7-8 of the Police Regulations 2003. He outlined to members the process for officers who have a business interest or hold a second job and also the definition of a business interest. This included:

• An officer must make a written application to the Director of Human Resources providing details of the job activities, location of the activity, and average hours per week to be worked.
• Declare that the work will not impact their health or ability to perform as a police officer.
• Ensure all earnings are declared.
• Work a maximum of 20 hours per month / 16 hours if a driving business interest.
• Must seek authority to continue from senior officer when on sick leave or recuperative duties.
• No business interest activities can take place during duty time nor may use MPS facilities / equipment.
• Monitoring is conducted by both the officer’s line manager and their SMT lead. A review is required on an annual basis.

7.23 He confirmed that as at 17 June 2010, there were 2863 registered business interests for police officers which represents 8.61% of total officer numbers (3529 including spouses, partner or family relative). A quarter of all registered business interests are leasing or renting of property.

7.24 Members asked if the further information could be circulated to them.

Future of MPA

7.25 In light of the Mayor's proposals for the future of the Metropolitan Police Authority and the governance of the MPS, members asked the Commissioner for his views. The Commissioner stated that he did not want the principle of operational independence to be interfered, however, as proposals were at an early stage it was difficult comment fully, however, he fully supported and welcomed the need for police services to be scrutinised

Death police officer

7.26 Following the recent suicide of a new police recruit from Hackney who took her own life as a result of alleged homophobic bullying within the force, members asked the Commissioner if he could assure the Authority that any lessons to be learned from the internal investigation would be quickly disseminated throughout the force. The Commissioner stated that he was deeply sadden by the death of the police recruit, however, at this stage as the case was still under investigation he could not make any further comments. The MPS Director of Human Resources added that MPS were in the process researching patterns of suicides with the aim of developing a campaign to support those who were feeling particularly vulnerable.

Section 44

7.27 Members asked the Commissioner to comment on the of the European Court of Human Rights ruling against the use of Section 44 stop and search. They also asked for comment on the recent findings about the extent to which stop and searches have been used illegally and Government figures underlining the fact that proportion of stops and searches affecting people from ethnic groups had increased every year for the past five years. In particular members asked what action was the MPS taking to review the way section 44 is used and how will any action proposed be different to what has gone before.

7.28 The Commissioner felt that it was important that clarity was needed around the different powers of stop and search. He reminded members of the significant changes to Section 44 and the subsequent reductions in stops and search under this section, including in the proportion of black and Asian people being stopped. However, the Commissioner stated that the MPS had a duty to respond proportionately to the problems it faced, but agreed that it was how stops and searches were undertaken and ensuring that local communities were engaged in the reason why it is necessary. The Deputy Commissioner confirmed that the European Human Rights Commission (EHRC) monitored the use of stop and search powers and had written to the MPS around disproportionality issues. He added that this was only in relation to Section 1 powers and not Section 60 or 44. He agreed that the MPS response to EHRC could be included in a report to the Strategic and Operational Committee.

DNA profiles

7.29 Following recent media coverage regarding the retention of voluntary DNA profiles on the national database, members raised concerns about the destruction policy of DNA samples and asked for clarification on the procedures involved. Members were particularly concerned that misrepresentation could undermine any future cases where voluntary samples from the public may be required.

7.30 The Deputy Commissioner acknowledged that the voluntary provision of DNA profiles during an investigation was very important. He outlined the National DNA Database rules and highlighted how they applied for the removal of profiles. He added that individuals that had voluntarily provided DNA samples and had indicated that those samples be destroyed following conclusion of an investigation, the MPS would honour that obligation and confirmed that removal in writing. Confirmation was also given that requests and arrangements for removal of DNA profiles are publicised on MPS websites and he agreed that this should be clearly identifiable on the website.

Other questions

Territorial policing

7.31 Members asked the Commissioner to provide an update on the proposed review of the Territorial Policing (TP) Directorate.

7.32 The Commissioner confirmed that the newly appointed Assistant Commissioner was in the process of undertaking a review of the Directorate. However, the Commissioner was keen to point out that proposals were at an early stage and had yet to be shared with senior MPS colleagues. He confirmed that engagement with the Authority would take place with a members briefing scheduled for late July.

7.33 Members asked that the briefing meeting should also be used as a process of consultation of members on the proposals and hoped that they would be imaginative and thought through, particularly as good relationships between borough commanders and communities had be established. Members also suggested that piloting of some changes should also be considered in order to ensure that any changes are both efficient and effective.

Resolved – That the report be received.

8. Update on the proposed new model of Recruitment and Training for Police Officers

(Agenda item 4)

8.1 Members considered a report that set out proposals for the utilising of the Metropolitan Police Special Constabulary (MSC) as the principle point of recruitment for new police officer recruits.

8.2 The MPS Director of Human Resources, informed members that the proposals would be a significant shift from the traditional approach to recruiting and training police officers. The proposals would use the academic and experimental learning acquired from the recently developed MSC training programme which would be delivered and tested prior to application and appointment as a police constable. He confirmed that the primary route to becoming a police constable would be as a special constable, with the new eligibility criteria for future applicants including the requirement to have successfully completed an accredited learning qualification in law and policing, whilst performing a level of operational duties. Other elements of the proposals would be

• The proposed model would draw police officer recruits from three areas: MSC, PCSO and other target groups including carers, excluded professionals and graduates.
• Confirmation was given that the process would be subject to a required amendment to the Police Regulations.
• Recruitment would be limited to discreet, time limited processes based upon budget deployment and that a waiting list would not be maintained.
• To increase the numbers of MSC officers, the MPS would be developing a unified recruitment strategy to meet operational requirements of the MPS through the MSC step change project.

8.3 The report also outlined the proposed new model of police officer recruitment and new entry routs to becoming a regular police constable. It also informed members of training and recruitment infrastructure, ownership and governance of the new model of police officer recruitment and training and outlined how the current police officer pool would be managed.

8.4 The MPS Director of Human Resources drew members’ attention to both the benefits and risks of the proposals which were outlined in the report. He also confirmed that an extensive equalities impact assessment (EIA) had been undertaken and had been placed in the MPA members’ room. He added that the EIA had revealed potential risks to diversity and equality. Work continued on the EIA and that following consultation with a range of associations, partners and organisations it would be completed by the end of June and he undertook to circulate it to members

8.5 The MPS Director of Human Resources concluded by outlining financial legal implications for the proposals. He added that there were some legal issues that the MPS needed to address including to complete the EIA to establish potential impact that the change of approach might have on all groups and how to introduce initiatives that might mitigate adverse impact. He outlined possible impact of the Working Time Regulations and stated that the MPS were unlikely to be susceptible to successful legal challenge of misrepresentation, negligence or breach of contract from those in the current pool of recruitment as police officers as a consequence of the new proposals. He suggested that this was due to there a moratorium on recruitment, and no firm offer of employment made.

8.6 It was noted that the report had initially been considered by the Communities, Equalities and People Committee and a number of issues and concerns about the proposals had been raised during its consideration at that Committee. These included the need for the Authority to be consulted on the proposals before decisions are taken, for the Authority to be provided with more details, through the EIA, on how risks were going to be mitigated and for implications of the proposals such as estates issues to be fully explained. Some members felt that these issues had not been addressed and that the recommendation that the report and proposals be noted was inappropriate at this stage.

8.7 Whilst members were generally supportive of the proposals and welcomed the MPS use of creativity in attempting to minimise costs, at this stage they felt that they could not endorse the proposals until the issues and concerns that had been raised had been addressed.

8.8 The MPS Director of Human Resources confirmed that the proposals would not be taken forward until the issues and concerns had been addressed, but the report was looking for an agreement in principle. He agreed to meet members on a one to one basis to discuss any specific areas for concerns. Some members felt that at this stage they could not agree to them in principle as they needed reassurances around the concerns raised.

8.9 In light of this Dee Doocey moved (Jennette Arnold seconded) the following amendment to the recommendation.

‘that the report be noted, but members wished to place on record a number of concerns about some of the proposals and therefore welcome the assurances given that none of the proposals would be implemented without full consultation with the MPA’.

8.10 The Chairman invited members to vote on the amendment which was supported 11 votes to 9.

8.11 It was also agreed that a further report on the proposal be submitted to the September meeting of the Authority.

Resolved – That

1. that the report be noted, but members wished to place on record a number of concerns about some of the proposals and therefore welcome the assurances given that none of the proposals would be implemented without full consultation with the MPA; and
2. a further report on the proposals be submitted to the September member of the Authority.

9. MPA accounts for the year ended 31 March 2010

(Agenda item 5)

9.1 Following consideration by the Corporate Governance Committee, the Authority was asked to approve the draft set of accounts for 2009/10 which would be subject to audit.

Resolved - That

1. the MPA annual accounts for the year end 31 March 2010 for onward submission to the Authority’s external auditors be agreed and;
2. the Treasurer be given delegated authority to make any minor amendments necessary to the draft accounts prior to finalisation of the audit.

10. Reports from committees

(Agenda item 7)

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

Resolved – That the report be received.

11. Any other urgent business

(Agenda item 8)

11.1 There were no items of urgent business

The meeting closed at 1.10 pm..

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