MPA urgency procedure

Report: 6
Date: 14 June 2010
By: Chief Executive

Summary

The detailed arrangements for the MPA urgency procedure were amended last year following consideration by this Committee. Under the new arrangement an annual report on the use of the procedure is to be presented to members. This is the first such annual report.

A. Recommendation

That the Committee notes the annual report on the use of the urgency procedure.

B. Supporting information

1. At its meetings in March and June 2009 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. .

2. The Standing Order which was agreed last year in relation to the urgency powers is attached as Appendix 1. This contains a requirement for an annual report to be made to the Corporate Governance Committee on the operation of the urgency procedure.

3. This report presents the first such annual report. Details 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 are shown in Appendix 2 in respect of 2009 and in Appendix 3 in respect of 2010 to date. (In 2008 the procedure was used on 21 occasions.)

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. Legal implications

None given.

F. Background papers

None

G. Contact details

Report author: Nick Baker

For information contact:

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

Appendix 1: 6.1 Urgency powers

6.1.1 To ensure transparency and accountability, 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. There is provision on the agendas of each standing committee of the MPA to deal with urgent matters within that committee’s terms of reference. 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 relevant committee or the full Authority. [1]

6.1.2 Where these urgency committee arrangements cannot be invoked, and only in such circumstances, the Chief Executive and/or Treasurer may proceed to take the necessary decision (after consultation with the Commissioner as appropriate) in accordance with the procedure outlined below.

6.1.3 The fundamental principle is that 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. Of those members some will be asked to indicate in writing whether they support the decision that is being sought, as follows:

• Where the decision would normally be taken by the full Authority, the Chairman and / or Vice Chairman of the Authority and the Chairs of the Authority’s standing committees shall give their view in writing on the urgent action form
• Where the decision would normally be delegated to a committee or sub-committee, the Chairman and/ or Vice Chairman of the Authority and the Chairman of that committee or sub-committee shall give their view in writing on the urgent action form

6.1.4 Exceptionally, however, and only in cases of extreme urgency or extreme sensitivity the following shall be the minimum requirement. (In these circumstances where it may not be possible to communicate with all members of the committee, sub-committee or Authority before the decision is taken, they shall be informed as soon as possible afterwards of that decision.)

• 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 and at least two Chairs of the Authority’s standing committees.
• Where the decision would normally be delegated to a committee or sub-committee, the Chief Executive / Treasurer shall consult with the Chairman and/ or Vice Chairman of the Authority and the Chairman of that committee or sub-committee.

6.1.5 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.

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

6.1.7 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, report any dissension from the decision and give details of the reason for urgency. An annual report shall be submitted to the Corporate Governance Committee on the operation of the urgency procedure so that the committee can satisfy itself on the correct application of the process.

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