MPA urgency procedure

Report: 14
Date: 8 December 2008
By: Chief Executive

Summary

The full Authority has asked the Corporate Governance Committee to review the appropriateness of the MPA’s urgency procedure. This report provides information to enable the committee to do so.

A. Recommendation

That the Committee considers the current urgency procedure and identifies any changes that it considers would improve the transparency and accountability of the process.

B. Supporting information

Background

1. At its meeting on 27 November the full Authority considered and agreed the following motion from Joanne McCartney:
‘This Authority resolves to review Section 6.1 of the Authority’s Standing Orders (urgency powers) and its appropriateness. This review will assess whether current urgency powers sufficiently defend the Authority’s democratic processes. It will be conducted by the Corporate Governance Committee, and report to the full Authority, with a view to amending standing orders, if necessary’

2. As with other public authorities, the MPA has an urgency process for situations where a decision would normally be taken by the Authority or one of its committees but a decision is needed urgently before the next meeting of the appropriate body. Legally, individual MPA members, including the Chair, cannot take such decisions, which are delegated to the Chief Executive or the Treasurer as appropriate. In taking a decision, the officer will, as far as possible, consult with appropriate members.

3. The urgency provisions form part of the Authority’s procedural standing orders and its scheme of delegation to the officers. They are attached as appendix 1. Attached as appendix 2 is the template used for urgent decisions.

4. Key aspects of the procedure are:

• That the procedure will only be used where it is not possible to delay until a committee or Authority meeting
• The officers will consult with the Chairs and or Vice Chairs to whose committee the decision would normally fall
• That, as far as possible, the membership of that committee (or of the Authority if an Authority decision) will be informed in advance that it is proposed to take a decision, giving them summarised details of the proposed action. If this cannot be done before the decision is taken it should be done as soon as possible afterwards
• Urgent actions taken in this way are reported to the next Authority meeting for information.

5. So far in 2008, this urgency procedure has been used on 14 occasions. Seven related to human resource / staff matters, two to procurement, three to property matters and two to general policing matters.

Issues

6. It is important that the procedure is only used for genuinely urgent matters. It is the responsibility of the officers, and also of the members being consulted, to question this where the urgency is not apparent. This does happen. Officers and members have in the past questioned both the need for urgency and the suitability of using this process given the subject matter. The most recent example is the final decisions on whether or not to purchase the freehold of New Scotland Yard. A decision was needed urgently but members of the Finance and Resources Committee decided that a special meeting of the full Authority was a more transparent and inclusive way of taking this decision rather than the urgency process.

7. Members of the Authority or relevant committee should be given summarised details in advance of a decision being taken so that they are aware of it. Some issues are both urgent and very confidential, for example approval of settlement terms agreed between parties prior to an Employment Tribunal hearing. There is an understandable preference for involving as few people as possible in this, as any leak could damage negotiations. On the other hand, it could be argued that were the decision taken by the relevant committee, members of that committee would need to have those details in order to make a reasonable decision.

8. The current procedure is that only members of the relevant committee are informed of decisions it is proposed to take (unless it is a matter that would normally be decided by the Authority). This is in line with the delegation of powers to committees. On the other hand it may be felt that all members should be given such notice (although the issues in paragraph 7 about confidential matters has a bearing here).

9. Urgent actions are reported to the next full Authority. Only very brief details are currently included on the public report. The officers will look at providing more summary information in the report (subject to the confidentiality of the subject).

10. The Corporate Governance Committee is invited to consider these and any other issues and to identify any changes it considers would improve the transparency and accountability of the process.

C. Race and equality impact

There are no specific implications. Those requesting decisions under the urgency procedure are expected to identify and equalities issues as they would for a report to committee.

D. Financial implications

Reports for decisions taken under the urgency procedure must address financial implications in the same way as a committee report.

E. Background papers

None

F. Contact details

Report author: Simon Vile, Head of Corporate Secretariat, MPA.

For information contact:

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

Appendix 1

6.1 urgency powers

6.1.1 There is a presumption that all decisions required to be made by the Authority and not delegated to the officers will be made through the Authority’s normal committee processes. The Strategic and Operational Policing Committee exercises an urgency function and can deal with urgent matters that cannot wait for the next meeting of the Authority or the committee to which the power is reserved.

6.1.2 Where these urgency committee arrangements cannot be invoked, and only in such circumstances, the Chief Executive and/or Treasurer may take the necessary decision (after consultation with the Commissioner as appropriate). However, this delegation is subject to the following process having been followed.

6.1.3 The fundamental principle is that appropriate members should be consulted:

• Where the decision would normally be taken by the full Authority, the Chief Executive / Treasurer shall consult with the Chairman and or Vice Chairman of the Authority.
• Where the decision would normally be delegated to a committee or sub-committee, the Chief Executive / Treasurer shall consult with the Authority the Vice Chairman of the Authority and Chairman and Vice Chairman of that committee or sub-committee.

6.1.4 The Chief Executive / Treasurer shall use the most appropriate method of consulting with these members. This may be by way of a meeting, or by telephone, letter or email. However, unless circumstances do not allow it, the general presumption is that members will be consulted in writing and supplied with sufficient supporting information to enable them to come to an informed view.

6.1.5 Although every effort must be made to consult all the above members, the minimum requirement, if the matter is of extreme urgency and not all members are available, is for consultation:

• for decisions normally taken by the full Authority, with the Chairman or Vice Chairman of the Authority
• for decisions normally taken by a committee, the Authority Chairman or Vice Chairman and the Committee Chairman – both must concur with the proposed decision

6.1.6 The Chairman and Vice Chairman of the Authority or of a Committee can nominate another member in their place if they are going to be unavailable

6.1.7 The Chief Executive / Treasurer shall also make every effort to inform all members of the relevant committee or sub-committee (or of the Authority where the decision would normally be taken by the full Authority) that it is proposed to take a decision, together with summarised details of the action proposed. A decision shall not be invalidated by this not having been done. If it is not practicable to communicate with members before the decision is taken, they shall be informed as soon as possible afterwards of that decision.

6.1.8 Urgent decisions taken under delegated authority in this way must be reported to the next meeting of the Authority for information. In doing so, the Chief Executive / Treasurer shall indicate which members were consulted before the decision was taken.

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