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 27 October 2005 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members

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

MPA officers

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

MPS officers

• Sir Ian Blair (Commissioner)
• Paul Stephenson (Deputy Commissioner)
• Stephen House (Assistant Commissioner)
• Alan Brown (Assistant Commissioner)

45. Apologies for absence

(Agenda item 1)

An apology for absence was received from Nicky Gavron.

46. Declarations of interest

(Agenda item 2)

Peter Herbert declared a prejudicial interest in respect of items 14 and 16 (Old Street Police Station and Court), as a trustee of the Community Advice Project. He withdrew from the meeting during consideration of this item.

47. Minutes

(Agenda item 3)

Resolved – That the minutes of the meeting of the Authority held on 29 September 2005 be confirmed and signed as a correct record.

48. Petitions

(Agenda item 4)

The Authority received two petitions, as follows:

The first was from 440 local residents calling for the inclusion of further roads in the Upper Norwood Safer Neighbourhoods area. The response to this petition was contained in the report before the Authority. In presenting the petition, Mr Andrew Gibson expressed appreciation for the introduction of this cross-boundary Safer Neighbourhoods area but asked for consideration to be given to expanding it as residents in the streets referred to in the petition were suffering from crime and anti-social behaviour problems, particularly from teenage gangs.

The second petition was presented by Richard Rooney and signed by in excess of 10,000 MPS police staff. It called for management to agree a fair London Allowance with a minimum of £4,000 regardless of pay band or work location. In response the Chair emphasised that the Authority valued the work carried out by all police staff and that members would follow the progress of negotiations on the pay claim with interest.

49. Chair's update

(Agenda item 6)

No matters to be reported.

50. Commissioner's update

(Agenda item 7)

The performance report for the period April to September was tabled. The Commissioner commented that it was a mixed picture with, for instance total notifiable offences, homicide and reported racist crime down but significant increases in robbery and gun enabled crime and some increase in residential burglary.

Richard Barnes asked whether data on business crime could be included in the performance report.

Cindy Butts expressed concern at the rise in gun enabled crime and pointed to the disproportionate effect on the Black community of an increase in Trident shootings. She asked for the monthly performance figures to distinguish between Trident and non-Trident cases. In view of the significant rise in Trident cases since April she reported that she would be reconvening the Gun Crime Scrutiny Panel to hear evidence from the police and partner organisations to try to gain a shared understanding of what was causing this increase. Elizabeth Howlett asked for information on the increase in gun crime in the borough of Wandsworth.

Richard Barnes asked for clarification of the figure of 2,000 officers quoted by the Commissioner at the previous meeting as being on recuperative duties on full pay, as the Police Federation had said that the figure was 400. The Commissioner reported that the figures provided to him were 1,262 officers on recuperative duties and 532 officers on restricted duties.

The Commissioner also reported:

• on the arrest of 19 people on suspicion of involvement in a European human smuggling network;
• on PC Karolyn McKee who helped deliver a baby in the middle of a traffic jam;
• that Ailsa Beaton, MPS Director of Information, had been named one of the IT Directors of the Year by the British Computer Society
• on the opening of the Piccadilly Circus Pavilion police station
• on the Mori telephone questionnaire that, amongst other things, asked for satisfaction with the way the MPS, the Mayor of London and the Government responded to the terrorist attacks in London – the MPS received a 77% positive response compared to 55% for the Mayor and 56% for the Government
• on the publication of the Home Office report into the impact of the Stephen Lawrence Inquiry on policing, which concluded that there had been significant progress since the Inquiry

Amongst issues raised by members were the following:

• concern expressed by Richard Barnes and Bob Neill that the Newham Parks Constabulary uniform and warrant cards made them look like police officers and that MPS formal warning forms were in the possession of non-police officers – the Commissioner said that this would be looked into
• the arrest of General Doron Almog – the Commissioner said that Jennette Arnold would be copied into the correspondence on this
• Peter Herbert asked whether the MPS statements in relation to anti-terrorism legislation had been discussed with the MPA. The Commissioner responded that the MPS had made a submission to the Home Secretary, which had been posted on the Home Office website. It would have been extraordinary if the MPS had not briefed the Home Secretary on forthcoming legislation that would directly affect the investigative process
• Police activity in relation to the regular Critical Mass Cycle Rides. In response to questions from Jenny Jones, AC House explained that police had wanted to identify an organiser so that there could be a dialogue aimed at increased stewarding and reduced police presence

The Commissioner also referred to the Crown Prosecution Service decision that there was insufficient evidence to prosecute the two firearms officers in the relation to the death of Harry Stanley. Some of the press coverage had been unhelpful or misleading about armed police interventions, implying that the police were trigger happy or wrong to shoot on the majority of occasions. He quoted the statistics for the previous nine years: MPS officers had fired 58 shots. These had resulted in 18 people being wounded and eight killed. When seen in the context of 109,000 SO19 calls over that period, this represented someone being killed in one out of 10,000 such cases. In relation to these cases, Bob Neill asked for information on how many people subsequently turned out to be armed.

Members shared the Commissioner’s concern at the time taken to investigate fatal incidents and whether there should be judicial intervention at a higher level than the Coroner at an earlier stage.

51. Suicide Terrorism

(Agenda item 13)

The Authority considered a report by the Commissioner on how the MPS had developed its response to the threat of suicide terrorism through the range of tactics under the name of Operation Kratos.

In introducing the report, the Commissioner emphasised that Operation Kratos was not being extended to other firearms incidents. A fundamental difference between Kratos and other scenarios was that in other circumstances firearms officers could exercise their judgement in deciding whether to use their weapons. However, in a Kratos incident the officers at the scene might not have the information on which to base a judgement and the decision had to be taken by a senior officer commanding the operation. He considered that a form of public debate was needed about the use of lethal force in a democracy.

In speaking to the report, AC House reported that responsibility for Kratos had now moved from Special Operations to Central Operations. It was recognised that the public should have been made aware earlier of the existence of this tactic, both to inform and also to reassure them that there was a tactic. He stressed that it was not a ‘shoot to kill’ policy. The intention, as with all firearms incidents, was to incapacitate. However, in the case suspected suicide terrorists the only option was a shot to the head.

The Chair noted that a community strategy was being prepared to inform Londoners of the context for Operation Kratos – he asked that this be copied to all members.

In the ensuing discussion, the Chair asked for statistics to be reported publicly at the next Authority meeting, in a suitable format which did not prejudice operations, on the number of intelligence-led and pro-active Kratos incidents.

In reply to a comment from Toby Harris, AC House said that the MPS did not give its officers any profile of potential suicide terrorists.

In receiving the report, members recognised that this issues would be of continuing interest and that the MPA could play a key part in facilitating the public debate.

52. Old Street Police Station and Court

(Agenda item 14)

The Chair reported that he had received a request from the Community Advice Project (CAP) for that organisation to make a brief presentation to members on its proposals for this building. Rosemary Emodi, the Chair of CAP and Jake Ferguson, the Deputy Director of Hackney Council for Voluntary Service gave the presentation.

Having declared an interest at the start of the meeting, Peter Herbert withdrew during this item and the subsequent discussion in closed session.

53. Police Performance Assessment Framework (PPAF)

(Agenda item 8)

The Authority considered a tabled report and information on the Home Office’s assessments of the relative performance of all police forces for 2004/05, which took into account the baseline assessment produced by Her Majesty’s Inspectorate of Constabularies.

In introducing the report the Deputy Commissioner commented that there was clearly scope for the MPS to improve in several areas but that in all areas except one the MPS’s ‘direction of travel’ had been assessed as improving. The problem for the MPS was that, because of its size and complexity, it had no real comparators in England and Wales – better comparisons with other capital cities would be welcome. The Deputy Commissioner also commented that the PPAF data was now six moths old and were current data to be used significant improvements to these results could be demonstrated.

The Authority noted the report. The Planning, Performance and Review Committee would be examining the issues and performance issues in greater detail.

54. Progress report on the budget submission 2006/07 – 2008/09

(Agenda item 9a)

The Authority considered a joint report by the Treasurer and Commissioner providing an update on progress in the preparation of the draft Budget Submission to the Mayor for 2006/07.

Resolved –

1. To note the progress being made in preparing the overall Budget submission to the Mayor for 2006/07;
2. To note the current revenue budget financial overview position as summarised in Appendix 1 of the report; and
3. That consideration of a further budget submission report be remitted to the next Co-ordination and Policing Committee on 4 November 2005. Any member may attend this meeting.

55. Final accounts 2004-05

(Agenda item 9b)

The Authority considered a progress report by the Treasurer on the audit of the final accounts 2004-05.

Resolved –

1. To note the position on the latest progress of the audit; and
2. That the proposed changes to the accounts be agreed in relation to two issues that have arisen during the audit.

56. The murder of Daniel Morgan

(Agenda item 10)

The Authority considered a report by the Chief Executive inviting the Authority to consider whether it wished to take steps in support of the Morgan family to investigate further into the events surrounding and subsequent to the murder of Daniel Morgan in 1987.

In introducing the report the Deputy Chief Executive outlined the proposals in the report. The Authority was being asked to consider requesting the Commissioner to provide a comprehensive and transparent report on the case to its January meeting. At that point the Authority would be invited to consider appointing an independent barrister to carry out a review. The scope of that review had been left reasonably fluid as it would be informed by the content of the Commissioner’s report, but it was meant to be a short and focussed review.

AC Brown commented on behalf of the MPS that there had been three investigations in to this case. The third investigation had proposed to the CPS the prosecution of three people. The CPS decision had been that there was insufficient evidence to proceed. The report of this investigation had been made available to the family. The MPS considered that it had explored all available avenues of inquiry in a robust way. He commented that there would be a significant impact on MPS resources to produce the proposed report and this probably could not be achieved by January. Further, the proposed second stage by a barrister would be long and expensive. He suggested instead a review of the latest investigation by a barrister, possibly one of those who had reviewed the case for the CPS in view of their existing knowledge of the case. The Commissioner commented that it was clear that the first investigation had been compromised but the second and third investigations had tried to correct that and the MPS had done that to the best of its abilities.

Jennette Arnold expressed concern that the MPS’s alternative proposal had not been put forward at an earlier stage than the meeting itself. She commented that the Morgans had felt that their meetings with the Authority’s Chair were the first time that their concerns were being listened to. She considered that it was the Authority’s duty to hold the police to account on an outstanding and relevant issue.

Rachel Whittaker proposed that the Authority should receive the Commissioner’s report before deciding whether to engage a barrister. She also commented on the inadequacy of the assessment in the report of the financial implications.

There was discussion at the meeting and some differences of understanding about the extent to which the MPS had been involved in discussions leading to the proposals in the report. However, the Chair emphasised his view that, although the murder had taken place some years before, there were a number of unanswered questions which would continue to cast doubt on the integrity of the police service. He maintained the course of action proposed in the report and he expected the MPS to co-operate in this. It was not his intention that the second stage review would re-investigate what others had done but to ask focussed questions. He was mindful of the need to keep the cost of this exercise within reasonable bounds. In response the Commissioner said that the MPS would co-operate fully in this exercise.

Resolved – That, as set out in more detail in the report:

1. Under Section 22(3) of the Police Act 1996, the MPA requires the Commissioner to submit a Report to the Authority at its January 2006 meeting, in public session, on the murder of Daniel Morgan and the subsequent investigations of that crime. The commissioning brief for this is set out in the appendix to the report. The Report will be shared with the Morgan family and their comments obtained so that the Authority can consider those as well; and
2. Following consideration of the Commissioner’s report, and in the light of comments from the family, the MPA will consider whether to engage a barrister to independently review the case papers.

57. Joint Review Mental Health and Policing

(Agenda item 11)

The Authority considered a report by the Chief Executive on the findings of this joint review.

Resolved - That the Joint Review be received and considered in more detail at the December meeting of the Authority.

58. Review of the policing response to disasters

(Agenda item 12)

It was agreed that this item should be referred to the next meeting of the Co-ordination & Policing Committee.

59. Exclusion of press and public

(Agenda item 15)

Resolved – 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 paragraph 9 of Schedule 12A to the Local Government Act 1972 is likely to be made known.

60. Old Street Police Station and Court

(Agenda item 16)

The Authority considered a joint report of the Chief Executive, Treasurer and Commissioner on the marketing process and bids received for this building. The Authority made a unanimous decision on which bid to accept.

The meeting ended at 2.05 p.m.

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