MPA urgency procedure

Report: 14
Date: 15 June 2009
By: Chief Executive

Summary

This report proposes changes to improve the accountability and transparency of the MPA’s urgent action procedure.

A. Recommendation

That the Committee recommends to the full Authority the proposed changes to the Standing Order in relation to urgent action, as set out in Appendix 1 to this report.

B. Supporting information

1. In March the Committee considered proposals to amend the MPA’s urgency provisions with the aim of increasing transparency and accountability for decisions taken in this way. It was agreed that further thought was needed about how to best achieve this aim. Since the meeting the officers have met with two members of the Committee – Valerie Brasse and Joanne McCartney – to refine the proposals. It is understood that these members are now content with the proposals contained in this report.

2. Although it was always the case that the urgency procedure was meant only for genuinely urgent decisions, the changes proposed further strengthen that message. In particular through reporting processes to the Authority and the Corporate Governance Committee, members will be able to monitor the extent to which this principle is being adhered to.

2. The proposed Standing Order in relation to urgency powers is attached as Appendix 1. Attached at Appendix 2 is the officer guidance on the use of the urgency procedure, which also reflects the proposed Standing Order changes. The main ways changes to the current Standing Order are as follows:

3. There is greater emphasis on urgent decisions being taken by committees wherever possible (SO 6.1.1), by stating that each committee has urgency provisions and that, where necessary, the Strategic and Operational Policing Committee can deal also with urgent matters that cannot wait for the next meeting of the full Authority.

4. The principle is emphasised that all members who under normal procedures would have considered the matter, in committee or the full Authority, should have the opportunity to make their views known before an urgent decision is taken. With regard to decisions that would normally be taken by the full Authority, the proposals also now include all the standing committee chairs in the list of those who should be asked to give their view in writing about a proposed decision.

5. As before, the Standing Orders provide that in cases of extreme urgency a more limited number of members may be consulted in writing. For full Authority matters it is proposed that this should be the Authority’s Chairman and / or Vice Chairman and at least two Chairs of standing committees. It is for members to decide whether this is sufficient, though it is suggested that the inclusion of more Chairs could delay the taking of those very urgent decisions.

6. The Standing Orders include the recognition that some decisions may be both extremely urgent and of extreme sensitivity. In these cases the Chief Executive may consider it necessary to consult with the limited number of members before the decision is taken. However, the reasons for this will have to be reported to the Authority at its next meeting.

7. Finally, the reporting requirements have been strengthened so that when urgent action is reported to the next full Authority the report should include:

• Which members were consulted
• Any dissension from the decision
• The reason for urgency
• In the small number of cases where the more limited number of members were consulted the reasons for extreme urgency or sensitivity

There is also a requirement for an annual report to be made to the Corporate Governance Committee on the operation of the urgency procedure. For this report a record will be kept both of occasions when the urgency procedure has been used and of those occasions when a request to use it has been declined by the Chief Executive.

C. Race and equality impact

There are no specific implications. Those requesting decisions under the urgency procedure are expected to identify any 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

For information contact:

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

Send an e-mail linking to this page

Feedback