MPA committee terms of reference

Report: 10a
Date: 30 March 2006
By: Chief Executive and Clerk

Summary

At its January meeting the Authority agreed a revised committee structure. This report proposes terms of reference for these committees.

A. Recommendation

That the Authority agrees the committee terms of reference attached as an Appendix to this report.

B. Supporting information

1. At its January meeting the Authority agreed a new committee structure to take forward its work, with effect from 1 April. A separate report to this Authority meeting deals with member appointments to these committees. This report proposes terms of reference for these committees.

2. The new structure represents a refinement rather than a radical change, with the main structural changes being the winding up of the Human Resources and Community Engagement Committees and the addition of Portfolio Member roles for some areas of the Authority’s work. The terms of reference reflect this and the main changes are:

Full Authority

No change

Co-ordination and Policing Committee

Proposed change of name to Strategy and Policing Committee

The terms of reference bring in:

• Community Engagement and other issues from the former Community Engagement Committee
• Strategic HR from former Human Resources Committee
• National and MPS change programmes

Corporate Governance Committee

No change except that occupational health issues are brought in from former Human Resources Committee

Equal Opportunities and Diversity Board

No change

Finance Committee

No change

Planning, Performance and Review Committee

No change to the existing terms of reference apart from the inclusion of HR performance monitoring

Professional Standards and Complaints Committee

No change to existing terms of reference except the inclusion of matters relating to MPS Employment Tribunals and grievances from the Human Resources Committee and the formation of a Sub-Committee to bring together Pensions Forfeiture, Senior Officer Conduct and Business Interests Appeals

Standards Committee

No change

Portfolio Appointments

Setting out the scope and definition of the role.

3. The Authority is asked to approve or amend these terms of reference, for implementation from 1 April 2006.

C. Race and equality impact

There are no race and equality implications arising from this report.

D. Financial implications

None

E. Background papers

• Current Committee Terms of Reference

F. Contact details

Report author: Simon Vile, Head of Secretariat

For more information contact:

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

Appendix 1

Terms of reference of the Metropolitan Police Authority, its committees and sub-committees

General note

1. This document sets out the role of the Metropolitan Police Authority, the powers and duties it has delegated to committees and those further delegated by committees to sub-committees. The functions and duties that follow are supplementary to and do not override any duties imposed by the MPA’s Standing Orders.

In carrying out their responsibilities, all committees shall have due regard to equal opportunities generally, the general duty of the Race Relations (Amendment) Act 2000 and the requirements of any other equalities legislation.

2. A committee can take decisions on matters contained in its terms of reference unless the matter is reserved for decision by the full Authority on the recommendation of that committee.

3. A sub-committee can take decisions on matters contained in its terms of reference unless the matter is reserved for decision by the parent committee on the recommendation of that sub-committee.

4. Because a sub-committee’s powers are delegated to it by the parent committee, they are by implication included in the parent committee’s terms of reference even when they are not specifically mentioned there.

5. All the formal bodies referred to in these terms of reference are open to the press and public unless “exempt” or confidential information is being discussed (as defined in paragraph 1 of Schedule 12A of the Local Government Act 1972 as amended). The other provisions of the Access to Information legislation also apply. Those bodies which are informal sub-groups with no executive powers are not open to the public.

6. Membership of committees is decided each year at the Authority’s Annual General Meeting in June. The Authority’s Chair and Deputy Chairs are ex-officio members of every committee and sub-committee. This means that (unless they are members of the committee in their own right) they can attend and speak but cannot vote or count towards a quorum.

The full Authority

The full Authority has overall responsibility for the discharge of all the powers and duties placed on it and has a statutory duty to ‘maintain an efficient and effective police force’.

Whilst there is an extensive scheme of delegation to the Authority’s committees, the full Authority reserves to itself major policy and financial decisions and other decisions which cannot be delegated. These include:

• approving the annual Policing and Performance Plan.
• approval of the Authority’s budget for submission to the Mayor.
• consideration of the external auditor’s annual management letter and any recommendations made by the Audit Panel.
• receiving the Authority’s annual accounts.
• in accordance with the MPA/MPS protocol on high profile and sensitive cases, to consider those cases which require an Authority decision to settle a claim for compensation. Where time permits, this will be based on a recommendation from the Professional Standards and Complaints Committee.
• the appointment of committees and their membership, including co-opted members (although a committee can delegate some of its responsibilities to a sub-committee and is also responsible for appointing to that sub-committee)
• approving any changes to Standing Orders.

There is also provision in Standing Orders for the Authority Chair or for any three members to ‘call in’ a committee decision. This has the effect of suspending that decision until the full Authority has had the opportunity to decide whether it wishes to call in the decision and, if it does, whether to confirm or change the committee decision. Standing Order 3.1.2 sets out this process in full.

The terms of reference of the committees etc set up by the Authority to discharge appropriate functions are set out below in alphabetical order.

Strategy and Policing Committee

1. From the developmental stage onwards, to provide or arrange the MPA’s contribution to and oversight of major MPS change programmes and policy development, through the Met Modernisation Programme and within business groups. .

2. To ensure that the MPA is engaged in taking forward national police reform issues.

3. To consider and take any necessary decisions on matters relating to HR policy and strategy, including:

1. workforce modernisation
2. the HR Strategy and annual business plan
3. pay strategy
4. recruitment and retention issues
5. training and development (including the Annual Costed Training Plan)
6. national issues, including implementation of Police Negotiating Board agreements

4. To arrange for the selection of ACPO ranks, subject to police regulations and/or Home Office determinations.

5. To ensure the effective discharge of the Authority’s consultative and community engagement responsibilities, including:

1. the implementation and review of the MPA’s Community Engagement Strategy
2. oversight of the MPS’s Citizen Focus programme and strategies
3. all matters relating to Community Police Consultative Groups and other forms of community engagement facilitated and funded by the MPA

6. To consider policy and other issues relating to operational policing, particularly where:

• these are not solely relevant to another committee
• the Authority needs to respond proactively and in a timely way to emerging issues
• this will facilitate a public debate about issues of public concern

7. To consider issues relating to crime and disorder reduction and the Authority’s relationships with crime and disorder reduction partnerships.

8. To lead on all matters relating to the Authority’s communications and public relations strategies and systems.

9. All matters relating to the Independent Custody Visiting Scheme, including funding.

10. In respect of the MPA own operations and staffing, to take responsibility for:

1. agreeing and monitoring implementation of the MPA’s Corporate Strategy
2. matters relating to the Authority’s support organisation including performance, structure and terms and conditions.
3. the budget for the MPA support organisation.
4. The appointment of the Authority’s Chief Officers and the designation of the Authority’s Monitoring Officer. NB see also the terms of reference of the Remuneration Sub-Committee.

11. To consider and recommend to the full Authority a rolling scrutiny programme of policy reviews. This will include for each scrutiny or review agreeing:

• project scope
• any expenditure
• membership
• timescale

The outcome of scrutinies or policy reviews will be reported direct or via the Committee to the full Authority.

12. To approve (or recommend to the full Authority as necessary):

1. the creation, scope and timeframe of any informal member working groups proposed by other committees
2. the scope and remit of member borough and non-borough link roles
3. member appointments to these roles
4. the appointment of members to represent the MPA on external bodies
5. the appointment of MPA representatives on MPS panels, groups etc. (Routine appointments will be made by the Chief Executive under delegated authority)

13. The committee may make decisions where an issue:

• is a matter of relevance to more than one committee
• is not included in the terms of reference of any other committee and does not require a decision by the full Authority.

14. To deal with urgent business on which a decision is needed before the next meeting of the appropriate body.

15. 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.

NB The Committee will on a regular basis conclude its formal business and continue on an informal and confidential basis to be briefed on and discuss policing issues with senior MPS officers. All members of the Authority will be invited to these briefings. No formal executive decisions will be taken during these sessions.

Remuneration Sub-Committee

(A Sub-Committee of the Strategy & Policing Committee)

Association of Chief Officer (ACPO) Ranks

1. To consider and agree the terms, conditions and benefits, including early retirement and redundancy, to be offered to ACPO ranks up to and including Commissioner.

2. To oversee the performance assessment and objective setting regime for these posts.

3. To administer, in conjunction with the Metropolitan Police Service (MPS), the pay progression and bonus scheme arrangements for ACPO officers.

4. To make recommendations to the Home Secretary and Police Negotiating Board (PNB) in relation to the terms and conditions to be offered to ACPO ranks.

Senior MPS police staff

5. To determine recommendations from the Commissioner about the pay and terms and conditions, including early retirement or redundancy, for senior police staff in pay band 4 and above.

6. To review on a regular basis the protocol in relation to Metropolitan Police Authority (MPA) involvement with appointments for staff in pay band 4 and above.

7. To agree the pay arrangements for senior police staff in pay band 4 and above.

Senior MPA Staff

8. In consultation with the Chair of the Authority, to agree the terms and conditions, including the performance assessment and objective setting regime, for the Chief Executive and Clerk, Deputy Chief Executive and Deputy Clerk, Treasurer and Director of Internal Audit.

Other

9. To consider any relevant matters in respect of PNB, Police Advisory Board (PAB) and other national bodies.

Equality and diversity

10. The Remuneration Sub Committee will have due regard, in exercising its responsibilities to equal opportunities generally, the general duty of the Race Relations (Amendment) Act 2000 and the requirements of any other equalities legislation.

Delegated authority

11. Authority is delegated to the Chief Executive and Clerk, in consultation with the Chair of the Authority and the Chair and Deputy Chair of the Remuneration Sub Committee, to agree, in cases of urgency, any HR issues in respect of individual ACPO officers, senior MPS police staff or senior MPA staff.

Policy Review Sub-Groups (Scrutiny Function)

These will be set up by and report to the Strategy and Policing Committee

Policy Review Sub-Groups are appointed by the Committee to carry out specific, time limited policy reviews. As informal groups, they will not necessarily be open to the public. Consequently, they have no decision-making powers in terms of, for instance, committing the Authority to a course of action or incurring expenditure.

Corporate Governance Committee

Audit

1. To advise the Authority on the appropriate arrangements for internal audit and the appointment of external auditors.

2. To approve internal and external audit programmes and fees

3. To review the external auditor’s management letter and any other reports and to report on these to the Authority as appropriate, including the implementation of agreed audit-based recommendations.

4. To oversee the provision of an adequate and effective internal audit; to receive progress reports on the internal audit work plan and to consider appropriate action arising from these.

5. To satisfy itself generally as to the effectiveness of the control systems in operation.

6. To review the Authority’s annual accounts and to make recommendations as appropriate to the Authority.

7. To review the Authority’s policies on fraud, irregularity and corruption and to monitor the effectiveness of such policies.

Health and Safety and Occupational Health

8. To agree the MPS priorities for health and safety in its strategy.

9. Oversight of the MPS’s occupational health strategies and their relationship with health and safety issues.

10. To satisfy itself, on behalf of the MPA, that the MPS discharges its legal duties in relation to health and safety matters with particular regard to the safety, health and welfare of police officers and police staff, people in the care and custody of the MPS, and all members of the public on police premises or property.

11. To satisfy itself, on behalf of the MPA, that the MPS and MPA has in place appropriate health and safety, management systems, arrangements and procedures both to meet legal requirements and to assess and control risks.

12. To review, and exceptionally to request, the carrying out of audits and reviews of health and safety management systems, policies, arrangements and procedures, as necessary, and to review progress with the implementation of recommendations arising from such audits.

13. To provide a conduit for the expression of health and safety concerns.

14. To report annually to the full Authority on performance and compliance in relation to the above.

Risk Management

15. To consider the financial risks to which the Authority is exposed and to approve measures to reduce or eliminate them or to insure against them.

16. To consider proposed corporate programmes of risk management activity and receive reports monitoring progress, including business continuity and disaster recovery.

17. To consider and approve an annual statement of internal control and risk management for publication with the Authority’s annual accounts, together with associated action plans.

Equal Opportunities and Diversity Board

1. To lead on all issues relating to equal opportunities and diversity within the MPA and the MPS. This includes:

2. To ensure that the MPA meets its statutory responsibilities under all relevant anti-discrimination legislation; and to monitor the MPS’s response to this legislation.

3. To monitor the implementation of the MPA’s race equality action plan.

4. To approve the MPA’s annual equal opportunities and diversity work programme.

5. To consider and advise on the equalities and diversity implications of major policy proposals and initiatives.

6. To keep under review the Authority’s equal opportunities statement and strategies which put this statement into practice

7. To review and interrogate MPS performance data on diversity issues, including trends and performance against policing plan objectives, particularly with regard to:

• stop and search data
• hate crimes (race, homophobic, rape, domestic violence, child abuse)
• street crimes (diversity issues)
• possession of knives/weapons (diversity issues)
• CRR training
• other areas of performance which have a specific impact on diversity issues

8. To propose the development of performance indicators and target setting in areas of diversity issues.

9. To consider areas of diversity where new or improved performance monitoring is required.

10. To co-ordinate action on issues arising from the Lawrence Report

11. To advise other MPA committees on equalities and diversity issues of relevance to their responsibilities

12. To propose to the Co-ordination & Policing Committee at least one review of the MPS diversity strategy or other relevant issues annually, depending on the staffing resources available. These reviews could range from a formal scrutiny to one or more themed meeting on a particular subject

13. To monitor and review the MPA and MPS annual diversity budgets to ensure efficiency of spend against performance and to respond to the budget requirements of the Mayor’s Office.

Finance Committee

1. To consider and recommend to the Authority:

1. a medium term financial strategy
2. the annual revenue and capital budgets for submission to the Mayor.

2. To consider and review the Authority’s financial reserves.

3. To receive regular monitoring reports from the Treasurer and Commissioner on revenue and capital budget performance.

4. To consider and approve, or recommend to the Authority where the committee considers major policy is involved, major capital programme scheme financial appraisals, justifications and briefs, as required by the Authority’s financial regulations.

5. To consider and award, or recommend to the Authority where the committee considers major policy is involved, major contracts as required by the Authority’s contract regulations.

6. To consider, either directly or by reference from other committees, any policy proposals with significant financial implications or any other non-audit financial matters, and to recommend to the Authority as appropriate.

7. To approve the Authority’s annual Treasury Management policy and strategy, and to receive reports on performance.

8. To consider and determine issues in respect of the MPS estate and other resource issues, such as transport and catering.

9. To consider financial and strategic issues relating to the provision of information systems and information technology.

10. 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.

11. To consider and approve major revenue business cases. However, where the committee considers major policy or significant additional or reduced expenditure is involved the committee will make recommendations to the Authority, or Strategy & Policing Committee as appropriate, for decision.

Planning, Performance and Review Committee

Performance Monitoring

1 (a) To consider and monitor performance against the Policing Plan targets and any performance indicators set locally or by external organisations. In doing so, the committee will consider performance at both a corporate and borough level in order to identify best practice

(b) To consider and monitor MPS performance in relation to recruitment and retention and other relevant performance indicators of the MPS’s Human Resources service

(c) To advise on the setting of relevant performance indicators and targets in annual plans and corporate strategies

2. To develop the Authority’s scrutiny role in looking at areas of performance in need of improvement.

3. To identify and consider any other information needed to monitor performance.

Planning and Best Value

4. To discharge the Authority’s responsibilities as a best value authority, recommending to the Authority as appropriate on matters of significance. This role includes:

• overseeing the development and delivery of the best value review programme and associated supporting work
• approving the Project Initiation Document for the review.
• monitoring the progress of each review
• considering final reports
• decommissioning a review following consideration of the final report
• ensuring management arrangements are in place to deliver and monitor a review’s implementation plan

5. Working with the Commissioner, to prepare and recommend to the Authority an annual policing and performance plan. In taking a lead on this, the committee will consult with other MPA committees as appropriate.

6. To consider reports from external agencies, such as HMIC, the external auditors and the Audit Commission, which have strategic implications.

7. To act as the lead committee for any other MPS corporate planning issues.

8. To lead on the production of the Authority’s annual report and any joint annual report prepared in conjunction with the MPS.

Criminal Justice

9. To consider issues relating to the criminal justice system, its reform and the respective roles of the MPS and other agencies within it.

General

10. 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.

Planning Panel

(an informal sub-group set up by the Planning, Performance & Review Committee)

The Panel’s role is, working with the Commissioner, to oversee the process for the preparation of the annual Policing and Performance Plan and also to consider the content of the draft plan, prior to formal consideration. The Panel’s remit is to:

• approve the timetable for plan delivery
• ensure member engagement at key points (as agreed within the timetable)
• monitor progress against the timetable
• approve formal products for consideration by committees and/or the Authority.

Professional Standards and Complaints Committee

1. To satisfy the Authority’s statutory duty to monitor MPS complaints procedures.

To consider high profile and sensitive cases in line with the MPA/MPS protocol. Where a claim for compensation has been made, the Committee will:

1. receive a quarterly information report on compensation cases settled by the Commissioner
2. consider, for recommendation to the Authority, those cases which require a decision by the Authority to settle a claim for compensation. (However, where a decision cannot wait for the next meeting of the Committee, a report proposing settlement will be put direct to the full Authority).

3. To monitor MPS activity in relation to Employment Tribunals and grievances and to agree any proposed financial settlements.

4. To keep the strategies of the MPS Directorate of Professional Standards under review.

5. To exercise the Authority’s responsibilities in respect of reports, allegations or complaints against ACPO rank police officers, in accordance with the appropriate regulations.

6. To consider any matters relating to Police Appeal Tribunals and to arrange for the appointment of Authority Members to serve on Tribunals as and when required.

7. 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.

Professional Standards Cases Sub-Committee

(A Sub-Committee of the Professional Standards & Complaints Committee)

Police Pensions Forfeiture

1. To determine whether forfeiture of a police officer’s pension should be considered because he or she has been convicted of an offence committed in connection with his/her service as a member of the police force which the Home Secretary may certify as either having been gravely injurious to the interests of the State or liable to lead to serious loss of confidence in the public service.

2. In the event of the Home Secretary issuing a certificate of forfeiture, to determine the proportion, if any, of the pension which may be forfeited permanently or temporarily.

Senior Officer Conduct

3. To investigate and deal with any allegations, report and complaints about the conduct of officers of ACPO rank in accordance with appropriate regulations.

4. To consider all matters relating to discipline against ACPO rank officers, within police regulations.

Business Appeals

5. To deal with appeals by officers of the MPS against refusals by the Commissioner of permission for them to pursue business interests.

NB The sub-committee will have a fixed membership . These members do not necessarily have to be members of the parent committee. In the event of one of those members being unable to hear a particular case the Chief Executive has delegated authority to appoint another member for that meeting.

Standards Committee

1. To promote and maintain high standards of conduct by members of the Authority.

To advise the Authority on the adoption or revision of its code of conduct.

3. To monitor the operation of the Authority’s code of conduct.

4. To assist Members in observing the code of conduct, including arrangements for training on matters relating to the code of conduct.

5. To advise the Authority on liaison arrangements with the Standards Board for England and to consider reports from the Standards Board or the Monitoring Officer as appropriate on any investigations into allegations of member misconduct.

6. To deal with any reports from a case tribunal and any report from the Monitoring Officer on any matter referred by an Ethical Standards Officer to the Monitoring Officer. This will include exercising the statutory powers given to standards committees to determine appropriate cases of alleged misconduct and to decide on a penalty in such cases as are found to be proven.

7. In accordance with any statutory requirements, to monitor and advise the Authority on compliance with the requirements for registration of interests and registers of gifts and hospitality.

8. To consider and determine requests to grant a member a dispensation in the following circumstances:

1. The transaction of business of the Authority would, on each occasion on which the dispensation would apply, otherwise be impeded by, or as a result of, the mandatory provisions because:
   1. The number of members of the Authority that are prohibited from participating in the business of the Authority exceeds 50% of those members that are entitled or required to so participate; or
   2. The Authority is not able to comply with any duty which applies to it under section 15 (4) of the Local Government and Housing Act 1989;
      1. The member has submitted to the Standards Committee a written request for a dispensation explaining why it is desirable;
      2. Unless the Committee has specified a shorter duration, any dispensation so granted shall lapse after four years.

9. 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.

Appointments Panels

1. The Authority is responsible for the appointment of MPS ACPO officers (but not the final appointment decision in respect of the Commissioner and Deputy Commissioner), and of senior police staff and MPA senior officers. An Appointment Panel consisting of Members of the Authority is responsible for making these appointments.

2. The Chief Executive has delegated power to determine the size and composition of the panel on each occasion.

Portfolio Appointments

1. Some areas of the MPA’s activities and oversight of the MPS are considered of such importance that they require a particular member focus and lead. For these areas the Authority appoints ‘Portfolio’ members. Currently, the Portfolios are as follows:

1. Met Modernisation Programme
2. Workforce Modernisation
3. Community Engagement
4. Estates Strategy
5. XXXXXXXXXXX

Portfolio areas and appointments will be reviewed every year at the Authority’s Annual Meeting.

2. A Portfolio member has an equivalent role (and consequential rights and responsibilities) to a Committee Chair, as follows:

1. To lead on a major area of the Authority’s work
2. To act as the authority's lead member and spokesperson on that area
3. To develop and maintain up-to-date knowledge of the area for which the member is responsible
4. To liaise closely with Authority and MPS staff in developing and managing the portfolio area
5. To contribute to national policy development, national events or Association of Police Authority networks or initiatives in relation to the Portfolio area

3. No individual member of the Authority can take executive decisions (for instance committing the Authority to expenditure or the adoption of a policy). Consequently any such matters in relation to a portfolio area must be reported formally to the appropriate committee for decision.

4. The Portfolio member:

1. Will be supported by an MPA Policy Officer
2. Must, with the assistance of the Policy Officer, develop an annual work programme setting out how they intend to carry out their role
3. Can decide to form a small working group of members to support them
4. Has the same rights as a Committee Chair to commission reports from the MPS or MPA (see para. 25 of the MPA’s Protocol on Member / Officer Relations).

5. It is important to maintain the transparency of the way the MPA conducts its business. The Portfolio member and supporting Policy Officer will ensure that:

• Their annual work plan is brought to the parent committee for approval
• a regular report on their activities is made to their parent committee and that any significant issues are brought to the committee for decision
• that, subject to any legally justified exemptions, any reports considered by them are made available to all members and are publicly accessible

6. Individual terms of reference will be developed for each portfolio area and will be reported to the Strategy and Policing Committee for approval.

Authority Business Management

The expectation is that Committee Chairs and Portfolio Holders will work closely with the Chair and Deputy Chairs of the Authority to ensure effective co-ordination and planning of the Authority’s business. Although not part of the Authority’s formal committee structure, arrangements will be made for regular meetings to facilitate this.

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