Protocol on confidential briefings and information

Report: 5
Date: 23 September 2009
By: Chief Executive

Summary

This report proposes a protocol on confidential briefings and information.

A. Recommendation

That the Committee considers and comments on the attached protocol and commends it to the full Authority.

B. Supporting information

1. In March this year the Committee considered, jointly with the Greater London Authority’s Standards Committee, a report on a Code of Conduct complaint against Mr Boris Johnson, both in his capacity as Mayor and Chair of the MPA. In finding that there had been no breach of the Code the Committee asked for guidance to be produced, for members and officers, on their responsibilities in respect of confidential information to which they are a party by virtue of their role.

2. Attached as Appendix 1 is a draft protocol which attempts to do this. Members are invited to comment on it and, if content, to commend it to the full Authority.

C. Race and equality impact

There are no specific equalities or diversity implications.

D. Financial implications

There are no financial implications.

E. Background papers

None

F. Contact details

Report author(s): Simon Vile, Head of Corporate Secretariat, MPA

For more information contact:

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

Appendix 1

Protocol on confidential briefings and information

1. Introduction

1.1 From time to time MPA members and officers 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 and events likely to generate media interest.

1.2 This protocol sets out the principles on which such briefings are based and the obligations placed on members and officers to maintain the confidentiality of that information.

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 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 This protocol also applies to MPA staff.

1.6 The position with regard to GLA staff supporting either the Mayor or Assembly Members who are also MPA members is as follows: the general rule is that GLA staff working for Assembly Members are not permitted to attend briefings, even when the Assembly Member is unable to be present, other than with the specific agreement of the MPA Chief Executive. It is recognised that in carrying out their support duties GLA staff may deal with confidential information sent to those members by the MPA or the MPS. The MPA expects those members to ensure that their staff respect that confidentiality.

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.

2.2 Members of staff are entitled to that information which is necessary for them to carry out their job efficiently and effectively.

Security clearance

2.3 Most MPA staff and members are security cleared to Counter Terrorism Clearance (CTC) level. A few members and staff are cleared to Security Check (SC) level because of their particular roles. Some Internal Audit staff are cleared to Developed Vetting (DV) level.

Member and officer responsibility to maintain confidentiality.

2.4 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.

2.5 If an MPA member of staff breaks confidentiality this may be dealt with under the disciplinary process. The potential outcomes where a member of staff has been found to have knowingly disclosed confidential information to a third party range from a warning to dismissal.

2.6 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.

3.2 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.

3.3 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.

3.4 If in doubt, a member, or a member of staff, 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.

3.5 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 staff and 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 or staff 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.

September 2009

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