Minutes

Minutes of the meeting of the Metropolitan Police Authority held on 27 July 2006 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members

• Reshard Auladin (Deputy Chair in the Chair)
• Tony Arbour
• Jennette Arnold
• Richard Barnes
• Dee Doocey
• Nicky Gavron
• Toby Harris (from item 8a)
• Kirsten Hearn
• Peter Herbert
• Elizabeth Howlett
• Bob Neill
• Joanne McCartney
• Karim Murji
• Aneeta Prem
• Richard Sumray
• Graham Tope
• Rachel Whittaker (from item 9)

MPA officers

• Catherine Crawford (Chief Executive)
• David Riddle (Deputy Chief Executive, Deputy Clerk and Solicitor to the Authority)
• Ken Hunt (Treasurer)
• Nick Baker (Head of Committee Services)

MPS officers

• Sir Ian Blair (Commissioner)
• Paul Stephenson (Deputy Commissioner)
• Andy Hayman (Assistant Commissioner)
• Martin Tiplady (Director of Human Resources)

20. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Len Duvall (Chair), Cindy Butts (Deputy Chair), Damian Hockney, Jenny Jones and John Roberts.

21. Declarations of interest

(Agenda item 2)

In respect of the urgent exempt item ‘ Indemnity for members’, Tony Arbour, Richard Barnes, Peter Herbert Elizabeth Howlett and Bob Neill declared a prejudicial interest and withdrew from the meeting during consideration of that item.

22. Minutes

(Agenda item 3)

Members considered the minutes of the annual and ordinary Authority meetings held on 29 June 2006.

Resolved – That the minutes of the meetings of the Authority held on 29 June 2006 be agreed and signed as a correct record.

23. Minutes of committees

(Agenda item 4)

The minutes of the following committees were received for information:

• Co-ordination and Policing Committee – 9 June 2006
• Finance Committee – 15 June 2006
• Professional Standards and Complaints Committee - 13 July 2006.

Resolved – That the minutes of Committees be received and noted.

24. Chair's update

(Agenda item 5)

It was noted that the Chair had no update.

Kirsten Hearn reported that the Equal Opportunities and Diversity Board (EOBD) at its last meeting had focused on the issue of ‘young people as victims of crime’. The meeting had been attended by a number of young people and had been very constructive. A number of issues were raised, which they requested be relayed to the full Authority. These included: the desire of young people to speak for and represent themselves; in relation to stop and search, young people felt that police officers could be more polite; the lack of resources for young people and the need to emphasise that this did not mean ‘keeping young people off the streets’ where they had a right to feel safe; concerns by the young LGBT in reporting crimes which they felt were not taken seriously and that young people were not solely perpetrators of crime.

Young people suggested that peer mentoring and working with young people could help address many of these concerns.

Kirsten Hearn suggested that the MPA and MPS needed to work and listen to young people much more.

25. Question from member of the public

(Agenda item 6)

The Authority, in accordance with Standing Order 2.7, received the following question from Mr Mick Farrant:

‘What steps does the MPA take to ensure that investigations following a death in custody are rigorous, speedy and effective? In particular what steps have been taken in respect of Enzio Stompanato who died in Holborn Custody suite on 15 December 2002 to ensure that that investigation is rigorous, speedy and effective, and does the MPA have a responsibility in the case on Enzio Stompanato to ensure that his parent, the police officers concerned and the public have confidence in the investigation, including a speedy conclusion. What steps have been undertaken to do this? Does the MPA track the progress of all investigations and decisions following death in police custody, not only related to police cells, in the MPA area’.

The Chief Executive and Clerk responded to Mr Farrant’s question as follows;

‘There is no specific statutory role for police authorities in relation to individual cases of death or serious injury in police contact. The investigation of deaths or serious injury following police contact is (since July 2005) principally the responsibility of the Independent Police Complaints Commission (IPCC). In most cases IPCC will carry out the investigation using their own investigators. Previously, and under the old system before the IPCC was set up, investigations were carried out by police forces under supervision by the Police Complaints Authority.

The responsibilities of the MPA arise from its core statutory duty to secure effective efficient and fair policing in London, and its statutory oversight of police misconduct matters under the Police Reform Act 2002. Section 12 of the Police Reform Act 2002 requires the MPA to keep itself informed about all matters of police conduct, discipline and public complaints.

The Professional Standards and Complaints Committee monitor the performance of the MPS and hold the MPS to account on these matters. Following the Morris Inquiry, the Authority has introduced a Case Management model for reviewing complaint investigations and other cases where the investigation time appears excessive, and a rolling programme of such reviews is being set up.

In relation to deaths in contact, the Committee is in general concerned to see that investigations are carried out in a timely and proportionate manner, that there is learning from all incidents to prevent recurrence, and that questions of misconduct are dealt with appropriately.

The Authority has also engaged with the Commissioner and the IPCC in relation to the Commissioner's policy and decision making about the suspension of officers involved in death in contact cases.
This and other dimensions of the problem are the subject of a scrutiny currently being carried out by an external consultant for the MPA which will be reported and available to the public in due course.

In this case the investigation was not completed until September 2004 owing in part to delays in obtaining expert medical advice and evidence. The Report was sent to the IPCC and the Crown Prosecution Service in October 2004. The CPS took until August 2005 to make a decision to proceed with serious criminal charges against two officers. However, in November 2005 the CPS reversed its position and decided to discontinue all criminal proceedings. The Coroner decided to hold the inquest in October 2006.

The Investigation has throughout been subject to internal review under the procedures of the Directorate of Professional Standards.

The MPA has no reason to suppose that the investigation has not been rigorous. The decision whether or not to prosecute was a matter entirely for the CPS. The Authority understands that there are still misconduct issues to be dealt with (as they had to be put on hold pending the criminal proceedings).
In this case the length of time taken to complete the investigation was considerably longer than desirable, and this was compounded by the further delay by the CPS. Over the past few years the MPA has consistently challenged the CPS on its timescales for decision-making as this is a crucial part of the whole process over which neither the MPS nor the IPCC has any control.
All deaths or potential deaths in police custody are identified as being “critical incidents” and should be managed by the Directorate of Professional Standards in conjunction with the borough commander under critical incident protocols. Family liaison is a central element of these protocols.

In this case, the MPA understands that the MPS has maintained contact with Mr Stompanato’s family in Italy, that they have been kept informed by their Family Liaison Officer of progress, and that they are aware of the current position. They have been offered financial assistance to enable them to attend the coroner’s inquest if they wish.

Disclosure of the investigation report, which is one significant means of building public confidence, is always subject to completion of relevant legal processes, including the inquest and disciplinary proceedings. In this case, the Inquest will provide the first opportunity for a review of the circumstances of the death in public. For that to be 4 years after the event is clearly unsatisfactory.

The MPA believes that the new arrangements that have been in operation since July 2005 under which in most cases of death in custody the IPCC will carry out the investigation, will deliver swifter and more transparent investigations, and we support the role of the IPCC in this regard. This will require continued fast time decision-making by the CPS too.

There are still disciplinary matters to be considered in relation to the officers, and those matters will be dealt with as swiftly as possible allowing for the inquest.

At present, the monitoring information presented to the Professional Standards and Complaints Committee does not include detailed tracking of investigations of deaths in custody, but these cases are within the coverage of the Case Management Model. The Professional Standards and Complaints Committee regularly reviews the scope of the performance information it requires from the MPS and will be able to consider whether more information should be routinely reported on death in contact matters.

The Professional Standards and Complaints Committee will want to consider whether a full scale Case Review of this case, after the outstanding matters are dealt with, and in conjunction with the IPCC will enable lessons to be learned from the case to improve practices in future.

Members noted the question from Mr Farrant and the Chief Executive’s response to it and that investigations and disciplinary matters were ongoing. They expressed concern at the length of time the investigation was taking.

Members supported the need for a transparent monitoring system of deaths in custody cases. Members agreed that that the Professional Standards and Complaints Committee should receive regular reports on this matter including the timeliness of investigations and inquests.

Resolved – That the question from Mr Farrant be noted and that the Professional Standard and Complaints Committee receive regular update reports on the monitoring of investigations following a death in custody.

26. Commissioner’s update

(Agenda item 7)

The Commissioner reported orally on a number of matters and monthly performance figure were tabled.

Performance

The Commissioner presented performance information, comparing the period April – June 2006 with the same period for 2005. The information also included details on public satisfaction, British crime survey figures, and the public attitude survey.

In presenting the performance details, the Commissioner confirmed that most figures continued to fall due to continuing hard work and success of the MPS. The Commissioner highlighted that notifiable offences were down 6.7%, residential burglary was down 2.8%, gun crime (22%) and trident gun crime (74 offence to 52 offences) had also decreased. Violent crime (2.5%) and homophobic crime (11.4%) had also reduced.

In relation to the increase in figures for homicide and road fatalities, the Commissioner stressed that these remained outside the month-by-month variation over a number of years. He also confirmed that sanction detection rates were now 20% compared with 11% 3 years ago.

Members welcomed the performance figures. In doing so, they sought further information of the variation in performance figures by borough. The Commissioner confirmed that there was in place a robust monitoring of borough performance and support was given where any areas of concern were highlighted.

The Commissioner agreed that figures relating to hate crime for vulnerable people would be included in future reports and that he would discuss with members outside the meeting how to present information relating to crime in commercial premises.

The Commissioner concluded by confirming that the roll out of PCSOs for larger wards would be complete by the end of the financial year.

Operational and non-operational good news summary

The Commissioner presented the Authority with details of a number of operational and non-operational events that had occurred over the previous few months The Commissioner highlighted the number of knife crimes dealt with, the police bravery awards and the safer neighbourhood team involvement in the arrest of a robbery suspect.

In response to a concern raised by Peter Herbert about the recent collapse of a trial resulting from a journalistic investigation, the Chair suggested that Peter Herbert and AC Hayman meet to discuss the matter.

BBC documentary – Stephen Lawrence

Following a documentary programme by the BBC on 26 July 2006, concerning allegations of corruption by a former officer involved in the investigation into the racist murder of Stephen Lawrence, the Commissioner invited the Deputy Commissioner to provide an update to members. In doing so, the Commissioner, confirmed that the investigation into Stephen Lawrence’s murder remained open, that he had spoken to both Mr and Mrs Lawrence and that comments made must not prejudice any investigations. The Commissioner concluded by added that it was important to note that the programme had focused on an organisation that had change greatly since the death of Stephen Lawrence and this should not be allowed to damage community confidence in the MPS.

The Deputy Commissioner provided members with details of the allegations made in the programme, As a result of the information in the programme, Mrs Mrs Lawrence had made formal complaint and he confirmed that the MPS had not seen the programme until a few hours before it had been aired.

Members were concerned that because of the IPCC involvement they were now unable to fully debate this matter, particularly as many of the issues raised in the programme had been in the public domain for a number of years, It was felt that further discussions with the IPCC need to be undertaken in order to revisit any existing protocols around debating such cases.

It was agreed that details of the on going investigation would be provided to the Chair and Deputy Chairs of the Authority and that regular reports would be presented to future meeting of the Authority.

Prosecution under Health and Safety at Work Act 1974

Members asked the Commissioner to comment on the CPS decision to prosecute the Office of Commissioner of Police under section 3 of the Health and Safety at Work Act 1974 following the shooting of Jean Charles de Menezes at Stockwell Tube Station. Members also requested that the IPCC be encouraged to release their report as early as possible into the public domain.

The Commissioner stated that he felt that the decision to prosecute under this Act could have very significant implications for everyday policing and suggested that the Act had not been designed to do this.

Members agreed that a letter be sent to the Attorney General and the Home Secretary expressing the Authority’s concerns in this matter, in particular that the decision to prosecute the MPS under the Health and Safety at Work Act 1974, was inappropriate and that consequential delay in publication of the IPCC Investigation Report was unsatisfactory, and urging that the prosecution be reconsidered in the public interest. The issue would also be raised with the APA.

The Chief Executive and Clerk agreed that an informal briefing for members on the investigation would be provided, at the appropriate time.

Mobile phones

The Commissioner confirmed that following discussions with leading members of the mobile phone industry, the industry had reached an agreement on blocking stolen phones across networks.

Resolved – That a letter be sent to the Attorney General and the Home Secretary expressing the Authority’s concerns

27. Community Engagement to counter terrorism (a) MPA report (b) MPS report

(Agenda item 8a and 8b)

The Authority received two reports on community engagement to counter terrorism.

In relation to the MPA’s programme of community engagement to counter terrorism Members noted the success of the two hearings that had already taken place; with the themes ‘young people’ and local government, business and tourism’.

In relation to the forthcoming hearings, members suggested that the events in the middle east may need to be factored into hearings, that it was important to try to ensure that in a wider range as possible of women were involved in the hearing for women and in regarding the work programme where possible student organisation involved.

Members suggested that there was further work to be undertaken in engaging with those people not part of any of the groups targeted by the hearings and that there could be possible European funding available to counter terrorism and this should be investigated.

The MPS report identified means of providing information on the scale and nature of the terrorist threat and how the MPS were responding through community engagement and assistance.

In presenting the report, AC Hayman, confirmed that following the discussion of the Forest Gate incident at the last Authority meeting, the MPS had taken on board members suggestions, including the improvement of communication.

Members welcomed this development being put in place AC Hayman agreed that it would be useful to provide the Authority with details of recommendations from other agencies in relation to counter terrorism and agreed with members that during such operations, the MPS needed to field their own experts to the media as opposed to the media referring to former officers of those lacking in current procedures. He also agreed that the MPS should utilise the MPA more during these operation, and the community links that the Authority has developed. He confirmed that monitoring of communities together helpline/website did take place and details could be provided to members.

Resolved – That the reports be received.

28. Interim progress report on the implementation of the outgoing sponsorship policy

(Agenda item 9)

Following approval in February 2006, a report was received providing an update on the delivery of the policy for sponsoring external activities and events by the MPS.

Members suggested further work was required to ensure that the policy and its operation were sensitive to emerging wider diversity issues particularly regarding sponsorship of faith groups. It was agreed that this would be discussed at the next EOBD meeting.

Resolved – That EODB consider the report at its meeting in September 2006.

29. External Audit letter action plan 2004/05

(Agenda item 10)

Members received a report that provided details of progress being made in relation to the external audit letter action plan.

Resolved –That the summary of the Audit Annual Letter 2004/05 action plan be noted.

30. Exclusion of Press and Public

(Agenda item 11)

A resolution was passed that proposed that for the remaining agenda item the press and public be excluded from the meeting because exempt information as defined in paragraph 4 of Schedule 12A to the Local Government Act 1972, as amended is likely to be made known.

Resolved – That the press and public be excluded from the meeting during consideration of the agenda item 12 and 13.

SUMMARY OF EXEMPT ITEMS

31. Request for financial assistance

(Agenda item 12)

Members considered a request for financial assistance.

32. Indemnity for members

(Additional item)

The Authority considered an amendment to the indemnity scheme.

The meeting closed at 1.10 pm

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