Section 26 Overseas travel

Report: 4
Date: 20 May 2010
By: Director of Human Resources on behalf of The Commissioner

Summary

In accordance with the agreed MPA protocol of 1 March 2007, this report gives an account of the exceptional travel cases under ‘Section 26’ for the period 1st January 2009 - January 2010 i.e. those that are full cost to the MPS (over £4000 and/or sensitive cases).

A. Recommendations

That

1. Members note contents of this report.

B. Supporting information

1. Section 26 of the Police Act 1996 prescribes the procedure to be followed when police officers are deployed to provide assistance overseas. It places a statutory obligation on a police authority to approve the provision for ‘advice and assistance’ to an international organisation outside the UK. This approval is then referred to the Home Office who grant the final authority under ‘Section 26 Police Act 1996’. This provides statutory confirmation that the relevant Officers will have all their rights & entitlements regarding pay and pension protected, and notifies them of the terms on which the authority has been granted. .

2. It does not include deployment outside the UK where personnel are pursuing enquiries on behalf of the Commissioner.

3. The Section 26 authority required from the MPA as the ‘Police Authority’ has been delegated to SCD14 International Crime Coordination Unit (ICCU) to approve Section 26 Police Act applications for onward transmission to the Home Office (with the exceptions of cases of full cost, sensitive cases).

4. At the Corporate Governance Committee on 22 September 2006 and at Coordination and Policing (CoP) on 5 October 2006 both committees resolved that:

1. The existing MPS process for managing overseas assistance deployment be noted;
2. Authority be delegated to the Commissioner via the MPS’s International Crime Coordination Unit to approve Section 26 Police Act applications for onward transmission to the Home Office (with the exception of cases of full cost, sensitive or contentious cases);
3. CoP to set a level of cost and approve arrangements to settle a protocol for handling exceptional cases;
4. Twice yearly reports to CoP on all MPS overseas assistance deployments, under Section 26 Police Act 1996, be commissioned with monthly data.

5. The agreed protocol between MPA / MPS is that the MPS will provide twice yearly reports to Human Resources and Remuneration Sub Committee (previously CoP) on all overseas assistance deployments under Section 26. These will be supplied in March and October.

6. This is the Third submitted report to Human Resources and Remuneration Sub Committee (previously CoP) on all MPS overseas assistance deployments under Section 26. Due to the conclusion of CoP this report will provide Section 26 cases for an extended period from 1st January 2009 – February 2010.

7. Between January 2009- February 2010 the Home Office has processed 66 Section 26 applications. Out of the 66 applications 40 of these deployments have been fully funded by an external organisation/agency and 26 deployments unfunded.

All requests for overseas deployments including section 26 cases are scrutinised at ACPO level before authority is approved. Where section 26 cases are not funded by a third party then authorising officers have to be satisfied that there is a benefit to the MPS before an officer can travel. For example, where assistance is requested by a national police force who are investigating the death of a British National. All ‘unfunded sensitive’ Section 26 deployment cases are referred to the MPA for approval in the first instance.

8. The following table sets out:

1. The total number of sensitive cases that meets one of the criteria set out in paragraph 2 of the protocol
2. Full cost cases costing over £4000

Table 1 – Sensitive cases

*Assistance provided by officer of ACPO rank
** Assistance provided by Police Staff Band A or above
***Involves travel to a politically sensitive country
****Likely to generate significant media interest

9. Table 2 – Full cost cases over £4000

C. Race and equality impact

1. The MPS Overseas Travel Policy and Standard Operation Procedures provides advice and instructions to all MPS personnel travelling abroad on MPS business. Its implementation ensures best use of public resources and promotes the effective use of police time. At the same time, it protects the welfare, professional reputation and integrity of members of the service engaged in duties overseas. This policy does not have any prejudicial effect on any community arising from the proposal, because it is applied equally to every member of the MPS and contractors working for the Service, irrespective of their ethnic or racial group. However all MPS staff are advised to contact the Counter Terrorism Branch (SO15) when deployed to politically sensitive countries.

D. Financial implications

1. Any financial implications are in relation to the full cost cases as shown in Table 2 above. This table lists all deployments costing over £4k to and is inclusive of flights, accommodation and the opportunity costs of the Officers.

E. Legal implications

1. The legal implications have been identified within the body of the report.

2. Section 26 of the Police Act 1996 confers the power on the MPA, as the relevant police authority, to provide advice and assistance to be given to an international organisation or institution, or to any other person or body engaged outside the UK in activities that are similar to those carried out by the police or police authority in the UK (s96(1)). This power does not include the provision of any financial assistance (s96(5)), but the police authority may make charges for advice and assistance provided under the Act (s96(6)). The power conferred upon the MPA cannot be exercised without the consent or general authorisation given by the Secretary of State (s96(3)).

3. MPS personnel must also have regard to guidance set out in the MPS Overseas Travel Policy and Standard Operation Procedures, together with the Home Office Guidance “ The overseas deployment manual for police officers” when considering overseas deployments.

4. The guidance referred to in paragraph 3 above, confirms police personnel must ensure both the Home Office and the Foreign Commonwealth Office are consulted regarding any request for advice and assistance overseas from an external organisation, as this will allow the Government to provide a coherent and cost effective response to such requests.

F. Background papers

None

G. Contact details

Report author: International Crime Coordination Unit (ICCU) - SCD14 (4), MPS

For more information contact:

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

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