Review of the way the MPA conducts its business

Report: 8
Date: 26 January 2006
By: Chief Executive and Clerk

Summary

Since its inception the MPA has regularly reviewed its committee structure to ensure that it continues fit for purpose. During the current review, members have recognised the need to ensure that the Authority stays focused on its key objectives and that formal committee meetings are not always the best way to achieve this (but at the same time the MPA is committed to ensuring that its decision-making remains transparent and accountable).

This report:

• proposes changes to the MPA’s committee structure, that represent an adaptation of the current structure rather than a radical change – see appendix 2
• proposes the appointment of member ‘Portfolio Holders’ to lead on major areas of activity – whilst there will be the flexibility for them to work informally, they will not have executive powers and any formal decisions required will be taken by the appropriate committee
• identifies the need for greater rigour and corporacy to be brought to committee business planning and how this will be achieved
• refers to the way in which the Authority wants to build on the success of its previous scrutiny work – a report on a scrutiny programme is due to be submitted to the Co-ordination & Policing Committee in February
• proposes that detailed terms of reference etc be reported to the Authority in March so that appointments can be made then and the new structure implemented from April.

A. Recommendation

That

1. the Authority agrees the committee structure proposed in paragraph 3 of this report;
2. the proposal to appoint Portfolio Holders as set out in paragraphs 4 to 9, agreeing which portfolios it wishes to create;
3. to consider a proposed calendar of meetings at its February meeting; and
4. to receive detailed committee terms of reference etc at its March meeting, at which meeting it will make all necessary appointments so that the new structure can be implemented from April 2006.

B. Supporting information

Background

1. Since the MPA’s creation in 2000, its committee structure has been the subject of regular review and evolution to ensure that it continues to be fit for purpose. Most recently members have identified the need for some changes, primarily:

• To recognise that at times the MPA’s ambition exceeds its capacity to deliver at both member and officer-level
• As a consequence that there needs to be a stronger focus on business planning to prioritise core business and to encourage working across committee and team boundaries
• To create the space to enable the development of a sustainable scrutiny programme, building on and learning from the successes of the MPA’s scrutiny work to date
• That whilst it is essential to maintain transparency and accountability in the way that the Authority conducts its business, the formal committee structure is not always the best vehicle for policy development. Smaller group working would also make more effective use of members’ time, skills and experience

2. Members have also recognised that structural change alone will not achieve the desired result. ‘Behavioural’ changes to the way meetings are conducted are needed to ensure that meetings are focussed and productive.

Proposed committee structure

3. The current committee structure is attached as Appendix 1 and the proposed structure as Appendix 2. As this shows, the changes represent a refinement of the current structure rather than a radical change. There is no suggestion that any areas of activity have become less important, but it is felt that, for instance, the MPA’s community engagement and human resources strategy roles can be effectively discharged without the need for formal committees. The proposed structure has the following components:

Full Authority

No change to the current remit, but the Authority will look to ‘theme’ meetings and plan business so that all members have an opportunity to engage with the key strategic issues facing the MPS and the MPA.

Co-ordination & Policing Committee

To include:

• Current responsibilities
• Community engagement/citizen focus
• Oversight of MPS change programmes
• Workforce modernisation
• HR strategy issues
• The Independent Custody Visiting Scheme
• Appointment of any informal member-level working groups
• Oversight of the MPA itself and how its resources are allocated

Remuneration Sub-Committee

This sub-committee deals with pay and conditions issues in respect of ACPO police officers, senior police staff and senior MPA staff. No change is proposed to its current remit but in future it would report to the Co-ordination & Policing Committee.

Equal Opportunities & Diversity Board

No change to current remit.

Finance Committee

No change to current remit.

Corporate Governance Committee

No change to current remit.

Planning, Performance & Review Committee

No change to current remit.

Professional Standards & Complaints Committee

Current remit and Pensions Forfeiture cases and Business Interests Appeals.

Professional Standards Cases Sub-Committee

To discharge the MPA’s responsibilities for Senior Officer Conduct cases, Pensions Forfeiture cases and Business Interests Appeals (to meet monthly).

Standards Committee

No change to current remit

Appointments Panel

For ACPO and senior staff appointments – not a fixed membership but principles to be established on the best composition and procedure for appointments panels.

Portfolio Appointments

4. The formal committee structure is an essential part of the way the MPA conducts its business, and is particularly important in terms of executive decision-making and public accountability. However, the Authority is also keen to develop other ways of working that can make the most effective use of members’ limited time and provide a flexible response to key strategic issues.

5. It is proposed, therefore, to develop further the concept of ‘portfolio’ holders. These are individual members appointed to lead the Authority’s work in agreed areas of major importance. It is likely that these portfolio holders will wish to work with a small group of other members but this will be on an informal basis and the aim is not to replicate the committee structure or process. The portfolio holder will have an equivalent role to a Committee Chair in many respects, for instance being able to commission reports from the MPS or the MPA and having the expectation that they would be consulted and engaged on relevant issues in their area of interest. Each portfolio holder will be supported by an MPA policy officer.

6. Portfolio working will, it is hoped, enable a more flexible and informal way of working. However, it is important that this does not lead to less transparency and accountability. By law, the MPA cannot delegate decision-making to individual members, so portfolio holders will not have executive powers and any matters requiring decision will be reported to the relevant committee. It will also be important to ensure that the portfolio holder reports regularly to their ‘parent’ committee on their activities. If this process results in written reports being prepared for portfolio holders on a regular basis, then thought will be given to publishing these as part of the MPA’s commitment to the Freedom of Information Act, subject of course to any exemptions.

7. The following portfolios are proposed:

• Workforce modernisation and remuneration (the proposal is that this member also Chairs the Remuneration Sub-Committee)
• Estates strategy
• Met Modernisation Programme (the proposal is that this should be the Chair of the Co-ordination & Policing Committee)
• Community Engagement (the proposal is that this should be a Deputy Chair of the Authority)

Members are asked to decide whether there are any other major areas of activity which they consider should be included as a portfolio. Stop and Search may be one such area.

8. The MPA Members’ Allowances Scheme already provides for the payment of Special Responsibility Allowances (SRAs) to portfolio holders – in the past SRAs have been paid for Audit, Estates and IS/IT portfolios. SRAs are, of course, payable only to Magistrate or Independent Members and a member can receive only one SRA. Portfolios should be reviewed on an annual basis at the Annual Meeting.

9. A distinction should be made between Portfolios and Lead Member appointments. Essentially, the difference is seen as one of scope and significance – portfolios should concern major areas of activity where the MPA has an opportunity to make a significant impact to the way the MPS delivers a service. This is not to say that lead member roles are not important, but on the whole they tend to focus on more specific issues. To some extent, the lead member roles could be seen as another layer sitting under the portfolios. Once the Authority has agreed on portfolios it is suggested that the lead member roles should be reviewed – both in terms of what lead member appointments are wanted and their effectiveness.

Business planning

10. Improved business planning is essential to the effectiveness of the changes proposed above. The Authority needs to maintain focus on the key areas of activity and to have a mechanism for regular review at member and officer level, both in terms of emerging issues and the key strategic plans such as the annual policing plan, the three-year plan and the MPA’s own corporate strategy. The aim is, as part of its annual planning process, for the full Authority to set its objectives for the coming year which should then be reflected in committee business plans, and on the officer side should feed down through team business plans to the objectives for individual members of staff.

11. Attached as appendix 3 is a model of the component parts of the business planning process. Committees are required to produce annual business plans and once the new structure has been agreed they will be asked in future to set themselves measurable annual objectives. A similar approach should be adopted for portfolio holders. Regular meetings are held between the Authority Chair and Deputy Chairs and the Chief Executive and Deputy Chief Executive, together with meetings every two months of all Chairs (which should in future include portfolio holders). These provide the opportunity for corporate review of business plans and to identify and discuss emerging issues. On the officer side, the Senior Management Team regularly review planned business across the committees and will refer issues to policy officers as appropriate.

12. The Authority also needs to be rigorous about any member-level working groups it sets up, as these can be a significant commitment for members and officers. In future the approval of the Co-ordination & Policing Committee will be required for the establishment of any such groups. The committee will want to ensure that such groups have a clear work plan, are time limited and are wound up on completion of their work.

13. In adopting a more focused approach to committee business, the Authority may also want to review the balance between those matters reserved for Authority/committee decision and those delegated to the officers. The officers are currently reviewing the Financial Regulations and the Tendering and Contract Regulations – these are the main areas where there is scope for extended delegation, but the opportunity will be taken to look at delegations generally.

Scrutiny

14. One of the factors leading to the current committee structure review was members’ wishes to create more space in the Authority’s calendar for a sustainable programme of scrutiny. In doing so, members are keen to adopt a flexible approach, recognising that different approaches are suitable depending on the circumstances. Committees are scrutinising the MPS in carrying out their monitoring role and some committees, such as the Equal Opportunities and Diversity Board have been innovative in how they have engaged with stakeholders and community representatives at committee meetings. At the other end of the spectrum, the MPA has been very successful at carrying out ‘set piece’ scrutinies, major pieces of work resulting in a substantial report and recommendations – in the case of the Mental Health and Policing scrutiny, it was a joint review with NHS partners. There is also scope for ‘mini-scrutinies’ – more focussed pieces of work where results are needed quickly or the issue does not require the depth of investigation of a major scrutiny.

15. Whilst participation in the Service Review of the MPS has consumed a lot of the MPA’s scrutiny resources over the past year, the MPA is now in a position to develop a scrutiny programme and a report on this is due to be submitted to the February meeting of the Co-ordination & Policing Committee.

Timescale

16. If the Authority approves the proposals in this report it is proposed to report to the full Authority in March for approval of detailed committee terms of reference, any consequential changes to Standing Orders and to appoint committee membership and portfolio holders. The new structure would then be implemented as from April.

C. Race and equality impact

In retaining the Equal Opportunities and Diversity Board in the revised committee structure, the Authority is restating its commitment to working for a police service that serves all of London’s communities and reflects London’s diversity in its workforce.

All committees already have in their terms of reference a requirement “to have due regard, in exercising the committee’s responsibilities, to equal opportunities generally, the general duty of the Race Relations (Amendment) Act 2000 and the requirements of any other equalities legislation.” Bringing greater rigour to committee business plans will provide the opportunity for committees to develop specific equalities objectives as part of their annual plans.

D. Financial implications

There are no major financial implications connected with these proposals. Decisions on the appointment of Portfolio Holders may lead to the payment of additional SRAs, but it is expected that if this was the case the increases could be contained within the budget for Members’ Allowances and Expenses.

E. Background papers

• Options Paper – “Changing the way the MPA does business” - paper on outcomes of member session held on 16 December 2005

F. Contact details

Report author: Simon Vile, Head of Secretariat, MPA.

For more information contact:

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

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