Section 26 overseas travel

Report: 12
Date: 13 September 2011
By: Assistant Commissioner Specialist Crime on behalf of the Commissioner

Summary

In accordance with the agreed MPS protocol of 1 March 2007, this report gives an account of the exceptional travel cases under ‘Section 26’ for the period of January 2011 - June 2011 i.e. those that are full cost to the MPS (over £4000 and/or sensitive cases). It also summarises the number of deployments under S.26, which do not fall under the same protocol and secondments as registered by SCD14(4) - International Crime Coordination Unit (ICCU).

A. Recommendations

That Members note the 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 their rights and 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 ICCU to approve Section 26 Police Act applications for the onward transmission to the Home Office.

4. At the Corporate Governance Committee on 22 September 2006 and the Coordination of Policing Committee (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 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 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 Fifth submitted report on all MPS overseas assistance deployments under Section 26.

7. During the period of January 2011 - June 2011 the Home Office has processed in total 128 Section 26 applications (of which 115 fall outside of the above protocol of exceptional cases). 13 of these are exceptional Section 26 applications of which 9 of these deployments have been fully funded by an external organisation/agency, 2 jointly funded by both the MPS and external organisation/agency and 2 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 by officer of ACPO rank is provided to attend a high profile meeting as in these cases. All ‘unfunded sensitive’ Section 26 deployment cases are referred to the MPA for approval in the first instance.

8. Those 115 Section 26 registered deployments, which do not fall under the above protocol of exceptional cases, include deployments which are football related, training, including meetings, seminars, presentations etc. Out of the 115 registered deployments, according to the ICCU records, 92 were externally funded by another organisation, 10 jointly funded by the MPS and another agency/organisation and 13 fully funded by the MPS. These 13 deployments mainly relate to deployments where there was a mutual benefit, but Section 26 was obtained due to the fact that the invited MPS personnel was sharing information and/or making a presentation, and were advised to obtain Section 26 by the Home Office irrespectively of an additional benefit to the MPS.

9. The following table sets out the processed 13 exceptional cases between January 2011 and June 2011:

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 (There were no Full costs cases over £4k to report during this six month period)

Table 1 - MPA approved Section 26 Sensitive cases January 11 - June 11

*Assistance provided by officer of ACPO rank

** Assistance provided by Police Staff B and A or above

*** Involves travel to a politically sensitive country

**** Likely to generate significant media interest

10. In comparison to previous years during the same 6-month period there were 167 s.26 deployments during 2009, 146 in total during 2010, and 128 s.26 deployments in 2011 indicating a 12.5% year by year overall reduction.

11. Although we are unable to provide the exact financial figures for deployments which are externally funded, it can be clearly seen that the vast majority of overseas deployments are funded by external organisations (93 in total). 9 deployments were jointly funded by the MPS and another agency showing increased trends for joint-partnership funding.13 deployments were fully funded by the MPS, around 40% less than last year (22) during the same period. All applications are closely scrutinised by line managers to ensure all costs are kept to a minimum.

12. Statistics indicates that there has been a reduction in the amount of S.26 applications for overseas deployments over the past 3-years, due to better vigorous procedures implemented by SCD14(4) ICCU and decision-making in place given the challenges the Service now faces. It is for these reasons we believe a moratorium should not be brought in at this time to halt such opportunities in the future.

Secondment Deployments - The number of secondments has reduced significantly since 1 April 2010.

• 1 April 2010 199
• 1 April 2011 120
• 17 Aug 2011 110

13. The current mix of secondees comprises 76 police officers and 34 police staff. The duration of secondments will be from 1 year to a maximum of 5 years.

14. There is value and benefit of maintaining a secondment arrangement for both individuals and the MPS. Individuals gain experience from the opportunity to work in a host organisation where they may develop new skills and be exposed to different thinking and strategic perspectives. The MPS then benefits from that insight when the officer returns to the MPS and is able to bring the newly acquired skills back to the organisation.

15. The full cost of all secondments is recouped from host organisations, including an administration fee, and covered in all Secondment Agreements.

16. The Police Advisory Board for England and Wales (PABEW) is currently reviewing national guidelines for secondments, and is likely to include changes to pay arrangements and allowances. This will ultimately result in amendments of MPS policies.

C. Other organisational and community implications

Equality and Diversity Impact

1. The MPS Overseas Travel Policy and Standard Operating Procedures provides advice and instructions to all MPS personnel traveling 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 protected characteristic. However all MPS staff are advised to contact the Counter Terrorism Branch (SO15) when deployed to politically sensitive countries.

Consideration of Met Forward

2. The increasing global nature of crime has a significant impact on London. The MPS supports Met Forward strand ‘Met Partners by helping to fight and reduce crime by working with our partners. This ensures that the MPS resources are targeted effectively to meet the needs of Londoners rather than wider UK interests. Consultation is carried out with multi-agency IPAB - International Police Assistance Board whose aim is to better coordinate delivery of Her Majesty’s Government cross departmental initiatives and Police Service professional interest overseas and to develop a strategic overview of UK aims in international policing assistance.

Financial Implications

3. Unless funded from external sources, all costs are met from within existing Business Group budgets. The total costs of sensitive cases paid for from MPS funds was only £3,566 in the period.

Legal Implications

4. 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 within the consent or general authorisation given by the Secretary of State (s96(3)).

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

6. 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.

Environmental Implications

7. There are no direct environmental implications associated with this report. Carbon emission issues have already been taken into consideration and are already incorporated with the Overseas Travel Policy and Standard Operating Procedures (SOP).

Risk (including Health and Safety) Implications

8. As part of the MPS arrangements for the safety and security of MPS personnel overseas, the International Crime Coordination Unit (ICCU) are mandated to maintain a database of the whereabouts of MPS personnel deployed overseas and retain information about the task they are undertaking. If the deployment is categorised as above “Low” then the applicant is to be informed that the corporate risk assessments will not suffice and the line manager must seek further advice from various other sources and Form RA3 completed. It is also recognised that even the most comprehensive pre travel risk reduction process can never predict an emergency arising overseas such as a natural disaster or spontaneous political/terrorist event. Should an event arise out of office hours the on call duty supervisor can be informed via pager.

9. The MPS also provide Personal Accident Insurance policy cover for all MPS personnel working overseas. Cover is on a worldwide basis and includes acts of war and terrorism. The cover is specific to officers traveling in an official capacity for the MPS and covers the period of time an officer or staff member is outside the UK.

10. The MPS has arranged medical expenses insurance policy that covers all emergency medical treatment (including repatriation) and payments for all MPS officers/staff that are abroad on official visits and includes those on long-term secondment.

11. The above policies and procedures put in place by the MPS are the maximum cover officers have whilst representing the MPS in an official capacity. None of these replaces the recommendation for officers to have their own personal medical and travel insurance cover for the area they are visiting

D. Background papers

• Protocol for handling exceptional cases in the provision of police advice and assistance to international agencies

E. Contact details

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

For more information contact:

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

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