Human rights - Police Authority responsibilities

Report: 8
Meeting: Metropolitan Police Authority
Date: 14 September 2000
By: Clerk

Summary

This paper introduces members to the Human Rights Act and draws their attention to the Association of Police Authorities model report and list of suggested actions. A report on the activities being undertaken by the Metropolitan Police Service to ensure that its policies and practices are compliant is also attached.

A. Supporting information

1. The Human Rights Act incorporates provisions from the European Convention on Human Rights into UK law. The European Convention on Human Rights is a treaty of the Council of Europe, which was adopted in 1950 and ratified by the United Kingdom in 1951. It was designed to give binding effect to the guarantee of various rights and freedoms in the United Nations Declaration on Human Rights, adopted in December 1948.

2. When the Human Rights Act comes into effect on 2 October 2000, the Convention rights will be enforceable in the UK courts. Its immediate effect will be to allow people to claim their rights under the European Convention on Human Rights in UK courts and tribunals, instead of having to go to the European Court in Strasbourg.

3. The Act underpins this by requiring all public authorities in the UK to act compatibly with the Convention rights. Police authorities and police forces are public authorities under the Act.

4. To assist police authorities in carrying out their responsibilities under the Act, the Association of Police Authorities have produced and circulated a model report on the implications of the Act for consideration by members. A copy is attached at Appendix 1. The model report was considered by the Metropolitan Police Committee in February 2000.

5. Since May 1999, the MPS has been giving considerable attention to the likely impact of the Act on the service. It has set up a Project Group upon which all areas of the Service are represented. This has identified the areas upon which the Act may have an impact, prioritised them and begun auditing them for compliance. A report on progress is attached at Appendix 2.

6. The Association of Chief Police Officers (ACPO) and the Home Office have also done considerable work in this area.

7. The Minister for Local Government and the Regions has asked local councils to give a high priority to the continuing preparatory work before the Act comes into force. She requests that that this work should involve, not only ensuring that procedures comply with the Act, but also that all those involved in delivering services - from senior managers to those in the front line of service delivery - are aware of the Act’s implications in their day to day work.

B. Recommendations

1. That the action points set out in the APA Model Report be adopted by the MPA. These are that Police Authority members and staff build on the work already underway in the MPS to:
   • Raise awareness of human rights issues within the Authority.
   • Promote a human rights culture within the Authority.
   • Spread the human rights message within the community and to local partners.
   • Take on board the relevance of human rights issues to their work.
   • Audit current policies and practices for human rights compliance.
   • Ensure that any decisions taken are informed by and take account of human rights considerations.
   • Satisfy themselves that the policies, procedures and practices of their police force are human rights compliant.
2. That subject to (1) above, discussions should take place with the MPS to prepare joint proposals on the best methods for implementing the recommendations.

C. Financial implications

The MPS has identified a major training/familiarisation need for police officers and civil staff as a result of the Act. The MPA may feel that its members and staff should also receive training.

Additionally, policies or procedures which are considered non-compliant will need to be amended. There may also be a significant increase in litigation as a result of the Act’s introduction, at least in the short term.

Each of these may have significant financial implications that will be taken into account in preparing the budget submission for 2001/2002.

D. Review arrangements

The Human Rights Act is a living instrument. Since the interpretation of the Convention may change over time it is important that all policies and procedures are kept under review.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed above or to the Clerk to the Police Authority at the address indicated on the agenda.

• Human Rights Act 1998 Human Rights Act - Core Guidance for Public Authorities: a new era of rights and responsibilities - Home Office

F. Contact details

The author of this report is Helen Grant.

For information contact:

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

Appendix 2: The Human Rights Act

MPS preparation

The Human Rights Act is the most significant piece of legislation affecting the MPS since PACE.

In May 1999, our Strategic Co-ordination Branch commissioned a programme of work to ensure that the MPS was properly prepared and able to meet the requirements of the Human Rights Act (HRA). There is little doubt that both the MPS and the Metropolitan Police Authority will be considered by the act to be ‘public authorities’. It is therefore incumbent on the MPS to examine their policies and procedures and ensure they take full account of HRA.

Portfolio project managers were tasked with identifying those areas of MPS policy that were incompatible with HRA and to determine whether there was a need for legislation to be altered or introduced.

A newly formed Human Rights Branch, based at New Scotland Yard, was set-up to oversee an audit of all policy and procedure, co-ordinate training, provide advice and generally prepare the MPS for HRA. Recognising the need to take independent advice on areas likely to be challenged under the act, project managers are being asked to submit their findings to the Branch. The audits are checked and contentious issues forwarded to MPS Solicitors Branch for advice.

The Association of Chief Police Officers (ACPO) are conducting a similar audit of policy which impacts on the police service at a national level. To prevent duplication of effort and waste of resources and in order to make sure our stance on HRA is legally robust the MPS is working closely with the ACPO.

Although this was a huge undertaking the audit work is nearing completion.

Future policies

The MPS is in the process of setting up an Operational Policy Support Unit (OPSU) to ensure that all operational policy changes are effectively managed and co-ordinated.

The Human Rights Branch have a significant role to play within the OPSU. Under the act it will be unlawful for public authorities to fail to develop policy in a way that is compatible with Convention rights. Therefore, all new policies will be vetted for compliance with the act, the objective being to close those avenues likely to lead to a challenge in the courts.

Rulings in UK courts concerning human rights will be monitored and the impact on existing legislation assessed.

Training

HRA training has been afforded priority status. A programme has been designed to deliver the appropriate level of training across the organisation. In the first instance external training was arranged for project managers and those responsible for completing the audits. Latterly, the Training Management Board agreed a programme of initial training for all MPS staff. The training consists of a workbook (designed by National Police Training) followed by a ‘workshop based’ day, delivered by MPS trainers. The MPS is closely monitoring the progress of the programme.

All MPS Solicitors (over 40 staff) have received detailed HRA training. A core of eight solicitors is specialising in HRA advice cases.

Additional training for superintendents is being designed. This will take account of the difficult decision making and leadership roles that superintendents perform.

HRA advice

A HRA advice/contact point has been established within the Human Rights Branch. This has been widely publicised within the MPS in order to offer support and guidance. Further guidance is available on the Human Rights ‘intranet’ site.

Audit processes

Police complaints and discipline - This area is the subject of audit by ACPO. The MPS are auditing all areas of policy in relation to complaints and discipline. To date we have completed work on suspension policy, resident informant policy, service confidence procedure and Misconduct hearings.

Press statements and appeals - A full audit of all press policy is underway.

Specific issues

The following specific issues have been raised in relation to MPS preparation:

Right to silence
This area has been assessed and audited by the MPS, rulings of the European Court have established that the UK approach to this issue is sound.

Stop and search
The MPS are preparing a stop and search ‘policy’ above and beyond any standard necessary for HRA.

Overt video, covert surveillance and telephone tapping
All are subject to a code of practice on covert law enforcement written by ACPO. The codes will in part be superseded by the Regulation of Investigatory Powers Act which is due to become law in the near future. The MPS are preparing training for our staff to ensure that we comply both with the law in relation to this important area and the Human Rights issues.

CS Spray and use of Handcuffs
Both areas are the subject of audits by the MPS Public Order Branch and have not been completed.

Bail conditions
This is raised under Article 5 and is of national importance and as such is being audited by ACPO. The MPS has undertaken an independent audit which is still underway.

Computer records
This has links with the Freedom of Information Act and is being progressed by the MPS under both banners.

Restorative Justice
This is associated to article 6 and is being audited by the MPS.

Forced marriages
Nationally NCIS have a lead responsibility. The MPS are auditing areas of criminality in this area, for example people trafficking and kidnap.

Double jeopardy
This is an issue of national importance which is being progressed by the Home Office. This issue has been raised with MPS solicitors who are considering the implications from an MPS perspective.

Disclosure
This is an important article 6 issue which we expect will be subject to challenge. This is being pursued both within the MPS and by ACPO.

Detention/custody
This area is being audited by ACPO. The MPS are conducting an independent audit from the MPS perspective.

Conclusion

The MPS has taken extensive measures to prepare the organisation for 2 October 2000 when the Human Rights Act comes into force. Our HRA communications strategy is raising awareness across the MPS, the audit process is proceeding to plan and the training schedule is on target.

However, the precise impact of HRA legislation on the MPS is difficult to foresee. We can look to other countries for guidance, for example Scotland who have received some 400 challenges since the introduction of HRA. Both New Zealand and Canada have introduced similar legislation and have had an adjustment period of about five years. We can only conclude that whatever the initial preparation some of our policies and procedures are likely to be challenged. In light of this, the MPS will need to have a contingency plan to counter, where appropriate, adverse publicity following a HRA finding of breach.

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