Questions to the Authority

Report: 4
Date: 25 May 2006
By: Chief Executive and Clerk

Summary

Members are requested, in accordance with the Authority’s Standing Orders, to hear a question from members of the public. The Chief Executive and Clerk will give the Authority’s response at the meeting. In addition a question has also be submitted from a member. The Chief Executive and Clerk will give the Authority’s response at the meeting.

A. Recommendation

That the Authority hears the questions set out below and responds in accordance with Standing Orders 1.6 and 2.7.

B. Supporting information

1. The following question has been received from a member of the public, Mr David Mery:

‘To be a Londoner these days is to feel one is considered guilty until proven innocent. The overreaction of the Metropolitan Police Service (MPS) to the horrific terrorist attacks of last July has resulted in many innocents Londoners suffering from the long-term effects of having been arbitrarily detained and/or arrested. Another consequence of this worsening policing of London is intimidation, increased mistrust and even fear of the MPS. This has not enhanced our security, to the contrary.

"What is the MPA doing to ensure that police powers are more balanced and checked so they are not further abused against innocents Londoners? Is the MPA actively consulting with the innocent Londoners that have been arrested and released without further action? What actions are taken by the MPA so that Londoners can stop being paranoid about which aspect of our behaviour or clothing, or which picture we take will be used as an excuse for detainment, arrest or shooting by the MPS? How does the MPA plan to restore trust in the police?’

2. Standing Order 2.7 sets out the process for receiving questions at Authority meetings, this is given at Appendix 1.

3. The Chief Executive and Clerk proposes the following response to Mr Mery’s question

“The Metropolitan Police Authority (MPA) is fully committed to the principle of innocence until proven guilty. The MPA is also acutely aware of the need to strike a balance between robust counter-terrorist policing, the protection of fundamental civil liberties, and the maintenance of public trust and confidence in the police.

"The MPA does not consider the Metropolitan Police Service (MPS) to have overreacted to the horrific terrorist attacks which killed 52 innocent people in London on 7 July 2005 and the attempted bombings a fortnight later. The MPS responded with the seriousness that these acts of indiscriminate murder demanded. Notwithstanding the tragic death of Jean-Charles de Menezes on 22 July 2005, the MPS response in terms of both disaster-management and investigation has drawn respect and recognition from around the world. A MORI survey in September 2005 suggested that 86% of Londoners believe that the MPS responded well to the attacks.

"Recognising the potential which Londoners themselves have to contribute to the safety and security of the capital, the MPA has undertaken to deliver a series of consultative activities in the field of counter-terrorism. The first of these activities was the MPA’s ‘Together Against Terror?’ conference in December 2005, attended by over 150 community members. Planned activities in 2006 include a series of public hearings, focus groups in universities and colleges, and local consultation in all 32 London Boroughs.

"The MPA consults Londoners in order to understand what the public expect from the police. It does then respond to their views. For example, as a result of public feedback, the MPA has secured the agreement of the MPS to publish its statistics on Section 44 (Terrorism Act 2000) stops and searches.

"Separate arrangements, defined by statute, are in place for dealing with public complaints and specific allegations of police misconduct. The MPA works closely with the MPS and the Independent Police Complaints Commission (IPCC) to ensure that complaints against the police are handled properly.

"In counter-terrorism, as in all other fields of policing, the MPA remains committed to securing an effective, efficient and fair police service for all of London’s communities.”

4. A question to the Authority has been submitted from MPA member Tony Arbour, in relation to electoral fraud.

‘How many complaints have the MPS received and from which boroughs, how many are currently being investigated and from which boroughs? What kinds of fraud are being investigated? Are there common features of fraud across London?'

5. Standing Order 1.6 sets out the process for receiving questions at Authority meetings and this is given at Appendix 2.

6. The following response is proposed:

‘The Commissioner gave an undertaking at the April meeting of the Full Authority to report back to members on electoral fraud in the recent borough elections.

The Special Prosecutions Unit (SPU) of Special Branch is currently dealing with this enquiry.

25 -30 offences have been reported to the Special Branch - SPU so far from the boroughs of Barnet, Bexley, Croydon, Ealing, Greenwich, Harrow, Hounslow, Kensington and Chelsea, Lambeth, Merton, Richmond, Southwark and Sutton.

Investigations are also being conducted into Tower Hamlets at this stage focussing purely on the identification of victims and witnesses and the acquisition of useful evidence and intelligence.

It is quite normal for complaints to be received several weeks after the actual poll. The law provides 12 months to bring prosecutions for specific electoral offences.

The MPS will be able to provide further information once investigations have concluded’.

C. Race and equality impact

None related to the process of receiving questions from the public.

D. Financial implications

None

E. Background papers

None

F. Contact details

Report author: Nick Baker, MPA

For more information contact:

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

Appendix 1

Extract from MPA Standing Orders – 2.7 Questions from the public at full Authority meetings

“2.7.1 Members of the public may ask questions of the Authority which are relevant to its business, functions or responsibilities. The Clerk must receive the question in writing not less than ten working days before a meeting of the Authority.

2.7.2 A person may not ask more than three questions in a rolling 12 month period.

2.7.3 The Clerk of the Authority will, in discussion with the Chair of the Authority, have the discretion to refuse a question. In this event, the Clerk shall respond in writing to the questioner outlining the reason(s) for this decision. This letter will be copied to all members, before the Authority meeting, and the Clerk’s decision reported to the meeting as part of the regular report on action taken under delegated authority. Without fettering that discretion, reasons why a question may not be accepted include the following:

1. The reasons set out in 2.6.2 above
2. The question cannot be answered satisfactorily without the disclosure of exempt information (as defined in the Access to Information legislation)
3. In the Clerk's opinion, the question has already been answered by another means and contains no issues of wider public interest that require a public answer
4. The question actually contains a number of different questions, in which case the Clerk will ask for an amended question to be submitted
5. The question is similar to, or on a similar theme to, a question asked by someone else in the preceding three months

2.7.4 Any question(s) shall be included on the agenda for the meeting, in the order of receipt, as the next item of business after the approval of the minutes of the last meeting, and must be addressed to the Chair. The Chair will then invite the Clerk to respond, orally or in writing, on behalf of the Authority. Following the Clerk’s response, the person asking the question may speak further for no more than three minutes. Members may also comment on or discuss the issues raised by the question and answer.

2.7.5 The person asking the question can attend the meeting to put the question. If they are not present, the answer as reported to the Authority shall be sent to them following the meeting. If the person asking the question needs some clarification in relation to the answer, this will be given by the Clerk or appropriate officer, in person or in writing, within ten working days of clarification being sought.

2.7.6 The Chair may use discretion to limit the number of questions asked by members of the public in order to avoid the business of the Authority being disrupted. In any event, no more than 30 minutes will be allowed for public questions and answers. Any questions that remain unanswered within the timescale shall receive written responses only.”

Appendix 2

Extract from MPA Standing Orders – 1.6 Members’ question at full Authority

1.6 Members’ questions at full Authority meetings

1.6.1 Members may formally ask questions of the Chair of the Authority or of Committee Chairs at meetings of the Authority. However, this provision should be used by members only in exceptional circumstances, when other channels have failed. The Chief Executive and Clerk should receive questions in writing 10 working days before the Authority meeting.

1.6.2 The relevant Committee Chair will respond to the question. If not specified by the member asking the question, the Chief Executive and Clerk will decide which Committee Chair (or the Authority Chair) should respond. If a question does not fall readily within the terms of reference of one committee, the Chair of the Authority will respond.

1.6.3 The Chief Executive and Clerk, in consultation with the Chair of the Authority, is authorised to decide that a question should not be accepted, for instance if it is not relevant to Authority business, uses inappropriate language or if the answer would divulge exempt information.

1.6.4 Questions will be asked in the order that they are received and the number of questions which may be asked by any one member at each meeting shall be limited to two.

1.6.5 The time allocated for members' questions at each Authority meeting shall not exceed 10 minutes. Any questions not answered within this time will be replied to in writing. This item will be placed at the end of the agenda.

1.6.6 The member asking the question may ask one supplementary question, which must relate to the subject of the original question. One further supplementary question, relevant to the original question, may be asked by another member.

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