Minutes - draft

Please note these minutes are currently draft and are subject to committee approval.

Minutes of the meeting of the Metropolitan Police Authority held on 28 July 2005 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members

• Len Duvall (Chair)
• Cindy Butts (Deputy Chair)
• Tony Arbour
• Jennette Arnold
• Richard Barnes
• Dee Doocey
• Nicky Gavron
• Toby Harris
• Peter Herbert
• Damian Hockney
• Elizabeth Howlett
• Jenny Jones
• Karim Murji
• Aneeta Prem
• Murad Qureshi
• John Roberts
• Richard Sumray
• Graham Tope
• Abdal Ullah
• Rachel Whittaker

MPA officers

• Catherine Crawford (Chief Executive)
• Ken Hunt (Treasurer)
• Simon Vile (Head of Secretariat)

MPS officers

• Sir Ian Blair (Commissioner)
• Paul Stephenson (Deputy Commissioner)
• Tarique Ghaffur (Assistant Commissioner)
• Brian Paddick (Deputy Assistant Commissioner)

13. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Reshard Auladin, Kirsten Hearn and Bob Neill and for late arrival from Damian Hockney due to a prior meeting of a Police Appeals Tribunal.

14. Declarations of interest

(Agenda item 2)

None declared.

15. Minutes

(Agenda item 3)

Resolved – That the minutes of the annual and ordinary meetings of the Authority held on 30 June 2005 be confirmed and signed as a correct record.

16. Minutes of committees

(Agenda item 4)

The Authority noted the minutes of the following committee meetings:

• Professional Standards & Complaints Committee, 9 June
• Co-ordination & Policing Committee, 10 June
• Community Engagement Committee, 16 June
• Finance Committee, 23 June
• Corporate Governance Committee, 11 July

17. Chair’s, Members’ and Chief Executive’s update

(Agenda item 5)

A written update from Kirsten Hearn was tabled and noted.

18. Commissioner’s update

(Agenda item 6)

Before the Commissioner gave his report, the Chair paid tribute on behalf of the Authority to the police and the other emergency services for their response to the recent terrorist attacks. He said that resilience planning had worked well and Londoners could be proud of the emergency and transport services. Thanks were also due to Borough Commanders and their officers and staff for their work in reassuring communities in the wake of the bomb attacks.

The Chair referred to the tragic death of Jean Charles de Menezes at Stockwell on 22 July. There would be an independent inquiry into his death and he asked members, therefore, to restrict their questions to matters of general policy.

The threat still remained but there was a resolve from all communities to bring people to justice. In handing over to the Commissioner, the Chair said that Sir Ian Blair and his management team deserved the Authority’s support and understanding.

The Commissioner reported and took questions on the response to the bomb attacks, the investigation, community reassurance measures and the shooting of Jean Charles de Menezes.

Response

The Commissioner praised the work of MPS officers and staff and those of the other emergency services. It had been a team London response and had shown the strength of the emergency planning and the dedication and courage of MPS officers, examples of which he gave. Of particular note was that despite the huge efforts made in the wake of the 7 July bombings, the MPS had been able to respond equally effectively to the attacks on 21 July.

The investigation

The Commissioner said that the investigation was the largest in the MPS’s history and events were fast moving. He confirmed that arrests had been made in the West Midlands and in South London. He was confident that all those responsible would be found but cautioned that the possibility of further attacks remained. London had been fortunate on 21 July that one mistake by the bombers had saved further carnage.

In reply to members’ questions, the Commissioner confirmed that the MPS had the officer numbers to respond. However he was concerned about the impact of the demands being placed on a relatively small number of skilled officers. There was also a need to strengthen the firearms capability. Officer leave had not been suspended. This was a national investigation – the MPS had lead responsibility for counter-terrorism and in this situation the United Kingdom was a single crime scene. Other forces provided support but this operated under MPS control.

The Deputy Commissioner commented that the investigation would have a significant effect on the MPS’s overall performance, but London continued to be policed effectively. The MPS would be looking at the implications for the various targets and priorities and assessing the options.

Community reassurance

The Commissioner emphasised that terrorism could only be defeated through working with all of London’s communities. Since the attacks the MPS had tried to visit every faith community in London but with a focus on the Muslim community. He had met personally with a large number of Muslim leaders and was looking at the formation of a national community safety body for Muslim safety – both to report hate crimes but also behaviour that might be linked to terrorism. Hate crimes had increased, nut remained low, some 65 a day compared to the previous average of 40 a day. Faith crimes showed a similar increase.

Members commented on the care needed to avoid disproportionality in the police response to the attacks. It was also important to make contact with all parts of the Muslim communities, including women and young people. There were particular concerns that people with a disability such as learning difficulties or autism might, because of their behaviour, be thought by the police to be acting suspiciously. It was stressed that community support and reassurance was not the sole responsibility of the MPS – other agencies, such as local authorities, needed to be engaged in the process too. The Commissioner commented that there were three strands to the MPS’s reassurance strategy – Londoners as a whole; communities that might suffer reprisals; and vulnerable communities such as the disabled and the Jewish community. The Deputy Commissioner reported that the previous day he had met with local authority Chief Executives and with the Local Government Association to discuss joint activity on community reassurance.

The shooting of Jean Charles de Menezes

The Commissioner said that the MPS took full responsibility for this tragedy. An apology had been made to the family and the matter handed over to the Independent Police Complaints Commission and the MPS must await the outcome of that investigation. In terms of the overall ‘shoot to kill to protect’ policy the Commissioner said that no policy was foolproof but that in his view currently this represented the least worst option. In response to members’ questions, the Commissioner said that the ‘shoot to kill to protect’ policy had not required a legislative change – the previous procedure had been to aim for the chest, but was now to aim for the head, but only in those cases where someone was suspected of being a suicide bomber and immediate incapacitation therefore required.

Members expressed their appreciation of the circumstances in which this tragic event had occurred and recognised the tremendous pressures faced by firearms officers. The Chair set the context that in addition to the bomb attacks there had been some 250 potential incidents and police officers needed the Authority’s continued support, as well as an acceptance that ‘shoot to kill to protect’ was the right policy for the present circumstances.

In conclusion the Commissioner outlined the wider implications of the terrorist attacks on London. The attacks raised questions about the future guardianship of the city, but whilst the landscape had changed, the underlying principle of policing by consent remained. He referred to the proposal to extend the period of custody – the proposals for a rolling fourteen day period was pragmatic given the time that such investigations took, for instance when gaining access to potentially dangerous premises or where computer encryption is involved.

At this point the Authority adjourned for ten minutes. It reconvened at 12.35 p.m. with Cindy Butts in the Chair.

19. GLA group pandemic response

(Agenda item 7)

The Authority considered a report by the Chief Executive and Clerk on agreement sought for the MPA’s contribution to the cost of anti-viral drugs purchased to maintain essential services in the event of a flu pandemic.

The Chief Executive reported that there would be a further report on the detailed response plan once it had been finalised. However, members’ expressed concern in particular at the retrospective request for funding and on whether the Government was also intending to provide anti-viral drugs for the emergency services.

It was therefore

Resolved –

1. That provision be made in the accounts pending a further detailed report on the pandemic response proposals, including information on whether the anti-viral drugs being purchased by the Government are intended to be allocated to the emergency services; and
2. That concern be expressed to the Mayor and the GLA that the approach adopted in this case of purchasing the drugs in advance of formal agreement from the MPA should not be seen as setting a precedent.

20. MPA accounts for the year ended 31 March 2005

(Agenda item 8)

The Authority considered a report by the Treasurer presenting the Authority’s draft accounts for 2004/05.

The Treasurer reported that the Authority had now received £14.6 million reimbursement from the Government in respect of the cost incurred by the MPS in responding to the South East Asian tsunami disaster. This was £2.16m more than anticipated and the Treasurer sought agreement to transfer this sum to the reserves.

Resolved –

1. That the draft statement of accounts 2004/05 be approved for onward submission to the Authority’s external auditors; and
2. that a sum of £2.16m from the Government’s reimbursement of tsunami costs be transferred to the reserves.

21. MPA budget 2005/06 and provisional outturn 2004/05

(Agenda item 9)

The Authority considered a report by the Chief Executive and the Treasurer setting out the MPA’s 2005/06 budget and provisional 2004/05 budget outturn.

Resolved – That the report be noted.

22. Proposals for pay progression arrangements in the MPA

(Agenda item 10)

The Authority considered a report by the Chief Executive and Clerk proposing that the Authority’s staff should move to an incremental pay system.

Resolved –

1. That Authority staff should move to an incremental pay system for all staff except the top six posts with effect from 1 July 2005;
2. that revalorisation of pay scales should be a matter for the Human Resources Committee; and
3. that the Remuneration Sub-Committee be asked to consider further the options for the remuneration of the top six posts.

23. MPA race equality scheme 2005 – 2008

(Agenda item 11)

The Authority considered a report by the Chief Executive and Clerk seeking approval to the MPA’s Race Equality Scheme.

Resolved – That the MPA’s 2005 – 2008 Race Equality Scheme be approved.

24. Joint MPA/MPS equality statement

(Agenda item 12)

This item was withdrawn.

25. London-Wide Race Hate Crime Forum

(Agenda item 13)

The Authority considered a report by the Chief Executive and Clerk presenting the Forum’s annual report.

In introducing the report, Peter Herbert, the Chair of the Forum, said that the Forum was considering working to a wider remit, perhaps to include other hate crimes such as homophobic crime and abuse against disabled people.

Some members expressed concern that they had not been kept informed in their link member capacity of Forum meetings in their link boroughs. The Deputy Chief Executive said that the officers would ensure that this was done in future. Some members had reservations about extending the Forum’s remit and wanted further discussion on this, whilst recognising that the decision did not rest with the MPA alone. Further information was also requested about the extent of the MPA’s contribution to the costs of the Forum, for instance including staff accommodation costs.

Resolved –

1. To note the achievements of the London-wide Race Hate Crime Forum outlined in its Annual Report 2004/05;
2. that while the MPA and Government Office for London (GoL) remain the major funders, the London-wide Race Hate Crime Forum (LRHCF) should continue to be a MPA-led multi-agency initiative;
3. to note that the LRHCF will report to the Equal Opportunities and Diversity Board bi-annually, and to request that it report annually to Full Authority;
4. that a protocol be developed to ensure that link members are able to be involved in the process when their link borough is the subject of LRHCF review;
5. that members be sent details of the full extent of the MPA’s contribution to the costs of the LRHCF, for instance including staff accommodation costs; and
6. that Peter Herbert and Bennett Obong be thanked for their work with the LRHCF, together with those Borough Commanders who have embraced the work of the Forum

26. Use of MPA partnerships fund 2004/05

(Agenda item 14)

The Authority considered a report by the Chief Executive and Clerk on the MPA’s contributions to each CDRP in London in support of its partnership activity. In introducing the report, the Deputy Chief Executive said that it was disappointing that a proportion of the funds remained unspent after two years. It was clear that the operation of the decision-making process with the borough link members was patchy and there was concern that the overall use of the fund did not altogether reflect the MPA’s priorities. The officers were discussing a revised process for 2006/07 with the MPS Territorial Policing. He also clarified that Borough Commanders were able to carry forward genuine underspend from one year to the next but not for the purpose of building up a larger fund.

Resolved –

1. to note the report; and
2. that the officers explore more flexible and effective systems for the application of the Partnerships Fund, including steps to ensure that link members are more fully involved in decisions on the application of the funds at borough level.

27. Update on the Morris steering group

(Agenda item 15)

The Authority considered a report by the Chief Executive and Clerk giving an update on the work of the Morris Steering Group.

Resolved – That the report be noted.

28. Appointments to the Association of Police Authorities Plenary

(Agenda item 16)

The Authority considered a report by the Chief Executive and Clerk on appointments to the APA Plenary.

Resolved – That John Roberts act as the substitute member.

29. Action taken under delegated authority

(Agenda item 17)

The Authority considered a report by the Chief Executive and Clerk giving details of action taken under delegated authority on the grounds of urgency.

Resolved – That the report be noted.

30. Exclusion of press and public

(Agenda item 19)

Resolved –

1. That the press and public be asked to leave the meeting during discussion of the remaining item of business because exempt information as defined in paragraphs 8 and 9 of Schedule 12A to the Local Government Act 1972 is likely to be made known.

31. Acquisition of freehold office, Marlowe House, Sidcup

(Agenda item 20)

The Authority considered a report by the Commissioner proposing the purchase of the freehold interest in this property.

Resolved –

1. That the acquisition be approved and the Chief Executive & Clerk and Director of Property Services be authorised under delegated authority to negotiate the detailed final terms in line with the exempt figures contained in Appendix 1 to the report;
2. That approval be given to related contractual best practice arrangements to ensure the MPA preserves or benefits from available tax, warranties and other structures that may emerge in the detailed legal transaction stages that are beneficial and within the MPA’s powers to enter in to; and
3. To note the financial implications and agree the inclusion of a net increase in capital financing charges of £569k in the 2006/07 MTFP budget submission.

The meeting ended at 1.45 p.m.

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