London’s European office

Report: 7
Date: 22 February 2007
By: Chief Executive

Summary

This report outlines the upsurge in European Union policy affecting policing and security since the Madrid bombings, which has gained further impetus post 7 July 2005. It also details wider policy implications and work delivered by the Mayor’s Brussels office for the MPA in support of its counter terrorist research programme in 2006; and sets out options to formalise a partnership with London’s European Office with a planned programme of collaborative work, including support for funding bids, for 2007/2008.

A. Recommendation

That

1. it be agreed to apply to join the Joint Venture Agreement that forms London’s European Office, with the Mayor of London, Greater London Authority, Transport for London, London Development Agency, London NHS and London Fire and Emergency Planning Authority;
2. agree to pursue joint subscription with the MPS for option 2 (£50,000), the extended work plan version;
3. agree to a joint MPA/MPS officer-led oversight group for the development of funding bids to the European Union; and
4. note the virement of £50,000 to support the proposal (see paragraph D.2)

B. Supporting information

London’s European Office

1. In 2001, the Mayor of London opened London’s European Office in Brussels. The office is a joint venture between the Mayor, the GLA, TfL, LDA, LFEPA and the London NHS. The office has three main functions – to monitor forthcoming EU policy and legislation relevant to its partners, to lobby and influence policy development on behalf of its partners and to promote and exchange best practice.

2. Following the London bombings, the Head of London’s European Office approached the MPA in 2005, due to the acceleration of counter-terrorism, security and policing on the EU policy agenda, with clear and increasing policy implications for the UK and London. This report will outline some of the significant movements by EU institutions since July 2005, impacts on the MPA/MPS and a suggested work programme to join London’s European Office joint venture agreement.

EU policy development – an introduction

3. In March this year the Coordination and Policing Committee signed off detailed proposals for Counter Terrorism The London Debate, the MPA’s six month programme of research and development into community engagement and counter terrorism. Part of the work programme included a fact-finding visit to Brussels, organised by London’s European Office, to scope the increasing impact of European policy on countering terrorism and the status of community engagement, community intelligence and community tactics across the European community.

4. During 2006 EU policy on security, engagement and countering terrorism has been the focus of some initial work between the MPA/MPS and London’s European Office. During this work programme, the value of formalising this relationship has become clear. In 2006 the European Union institutions outlined a clear political commitment to direct, shape and formalise its position in determining future security and counter terrorist policy, moving EU impact on UK policing onto a new platform.

5. Whilst the MPS has excellent established links with operational partners, the voice of the MPS remains, in essence, outside EU policy-making structures. Establishing a link with the London Office in Brussels will enable the MPA/MPS to ensure that London policing issues figure in a succinct and effective way on the European policing policy agenda.

Relevant EU policy developments - Seventh Framework Programme for Research and Development

6. The European Union launched its Seventh Framework Programme (FP7) for the funding of research, development and innovation on 1 January 2007. Total funding under FP7 will be £35 billion between 2007-13. One of the key strands is on security, with an attached budget of £1.35 billion. MPA and MPS officers are continually updated on FP7 by London’s European Office and are now working to formulate a bid for funding from FP7.

7. As detailed at Authority meeting in October 2006, the European Commission reacted positively to work ongoing in London during the MPA/MPS visit in spring 2006 – actively encouraging a bid from London to develop this work from FP7. It was agreed at the October Authority meeting to pursue and develop a bid with the MPS, with support from London’s European Office – this work is ongoing between the two partners with a view to a bid being submitted around the security strand when announced by the Commission. Both MPS and MPA officers have employed a university partner (after a tender process) to assist in writing a bid around communities and counter terrorism, this may also, include a link to IS/IT initiatives in development within Specialist Operations. An update on such a bid will be brought to Finance Committee at a later date. The London office can provide support and links to the Commission, partners and universities for the continuation of such work. It is also proposed that Members agree to a small officer lead oversight group, lead by the Treasurer in partnership with delegated MPS Officers in order to provide corporate management of bids, when under development.

EU Counter terrorism strategy

8. The EU Counter-terrorism Strategy was adopted in 2005 and its implementation is ongoing. The strategy sets out a cross Europe approach to countering terrorism establishing; objectives to prevent terrorism, better protection of potential targets, improved capability to respond to and manage the consequences of terrorist attacks and European operational responses with the pursue and investigation members of existing networks. The Strategy has been complemented by a detailed action plan prescribing measures to be pursued by Member States. The full text of the Action Plan can be downloaded at: http://register.consilium.eu.int/pdf/en/06/st05/st05771-re01.en06.pdf

9. It sets out time scales and responsible bodies for implementing the various elements of the Strategy. Actions include:

• Promote community policing, including through improved training as an ongoing activity;
• Carry out training and exercises directed at improved collaboration in coping with terrorist attacks;
• Develop the European Crime Intelligence model with the assistance of the Police Chiefs Task Force by April 2006;
• Set up a network of European experts on radicalisation by June 2006;
• Create a secure general rapid alert system on terrorist attacks to link all existing specialised rapid alert systems for emergencies by end-2006.

10. The strategy is not a legislative document subject to constitutional implementation in the Member States. During the UK presidency the Council of Ministers recognised that success depends upon the engagement of non-governmental groups and that the challenge of combating radicalisation and terrorist recruitment lies primarily with the Member States at national, regional and local level. However, it is intended to provide a clear political signal of movement towards a European approach to countering terrorism along with serious and organised crime.

Community Engagement to counter terrorism

11. An integral component of the EU CT strategy is a focussed plan for Combating Radicalisation and Recruitment to Terrorism. It is emphasised in the strategy that while various types of terrorism pose a threat to EU citizens, radicalisation and recruitment are critical to a EU response to terrorism perpetrated by Al-Qa’ida and extremists inspired by Al-Qa’ida. It states a number of priority actions in relation to 3 working strands which are; i) Disrupting the activities of the networks and individuals who draw people into terrorism ii) Ensuring that voices of moderation prevail over those of extremism, and iii) Promoting more vigorously security, justice, democracy and opportunities for all key principles of this action plan are identifiable both in the MPA and MPS community engagement programmes, it is for this reason that the representatives from the Commission were consulted during the joint visit in May 2006, to share good practice and influence policy direction.

Security and policing – recent developments

12. The Commission has recently issued a proposal for a European Programme for Critical Infrastructure, which covers all potential aspects of critical incidents, for example natural disasters but prioritises the terrorist threat to EU citizens.

13. In December 2006, the Commission proposed a series of mechanisms to strengthen Europol, critically by extending its mandate and the quality of data available. The objective is to make it a more effective agency to help police collaboration between Member States.

14. Other forthcoming initiatives include:

• EU action plan on public private partnership for combating crime and terrorism.
• Proposal for the transmission of expertise in explosive bomb-making for terrorist purposes a crime.
• Proposal for a Decision on a computerised system of exchange of information on criminal convictions.

Application to join the London’s European Office Joint Venture Agreement

15. The work provided to the MPA and MPS from the office in 2006, has been provided without charge, as the Head of Office believed it important for the MPA to be fully aware of the volume of EU policy development on security and counter terrorism currently taking place. The level of work provided to us and required to develop influence through engaging with EU policy development cannot be sustained without a formal application to the Joint Venture Agreement (JVA) that forms the office. The Joint Venture entitles organisations to a detailed work plan, commensurate with their level of membership fee. For example, an annual membership fee of £50,000 would approximate to 9% of the office and staff costs. The difference between JVA members' fees and the total costs of the office is met by the GLA. When a new partner joins the partnership, it is the GLA costs, and therefore, GLA work share that declines.

16. The level of work provided to partners in the Joint Venture is dependent on the level of membership fee paid. It is therefore proposed that Members consider two annual work-plan options, to see the amount of work that could be provided for two different fee options.

17. The full work plan option allows for detailed, tailored briefings on subjects identified by the funding partner as a priority. This would be likely to include policing, security and counter-terrorism issues, but also employment, equality and road safety. Support would be provided for EU funding bids, and staff would represent the partner at relevant meetings and events held in Brussels. LEO would facilitate the organisation of meetings and events on behalf of the partner, and lobbying and promotional campaigns would also be developed as required.

18. In a more limited partnership option, the list of subjects to be covered in detail would of necessity be shorter. Detailed monitoring and briefings would still be provided on policing, security and counter terrorism, but briefings on additional topics would be general rather than tailored to the partner's specific situation. There would be support for bids, events, lobbying and promotion but these would be on a smaller scale, involving less staff time.

19. Full details of each of the draft programmes are available in the Members’ Library or on request, if members decide to apply to the Joint Venture, MPA officers will liaise with the Head of London’s European Office to develop a finalised work plan for 2007/8. Quarterly progress reports will be provided to members throughout 2007/8 to monitor work programme activity and to help plan for collaborative work post 2008. The JVA requires a period of six months notice and will be reviewed half way through each year.

A copy of the Joint Venture Agreement is also available in the Members’ Library

20. All funding bids through Europe will maintain a corporate focus with the strategic oversight of both MPA and MPS officers, reporting back to Committee and Management Board where appropriate.

C. Race and equality impact

1. There are distinct race and equalities matters at the heart of policing and security policy in particular counter terrorist policy. The MPA, when listening to the voice of London’s communities have identified clear pressure points and areas of concern across all London’s communities – in particular its Muslim and young Asian and BME communities. As part of the Mayor’s Office, staff at the London Office, undertake equality impact assessments of all policy and legislation they monitor. However, it is imperative that, should the MPA join the office partnership, that the work plan includes the scrutiny of EU policy to ensure legislation does not compromise human rights, trust and equalities in policing. Whilst complex, it is imperative that the London Office in conjunction with the MPA scrutinise EU policy to ensure that directives do not compromise human rights, equalities and trust in policing.

2. MPA and London European office staff will work on behalf of Members to ensure that policy is scanned and reviewed at all times from an equality and diversity aspect.

D. Financial implications

1. Membership of London’s European Office Joint Venture is by a fee that is payable at the start of each financial year. The amount of membership fee paid represents a percentage share in the Joint Venture. A lower membership fee will represent a lower percentage share of the Office’s work and costs. For example, an annual fee of £50,000 will represent approximately 9% of the full office costs, as detailed above. The membership fee includes payment towards the employment of the staff, the rental and running costs of the London House office. Membership of the Joint Venture Agreement entitles partners to an agreed annual work plan, including work around accessing funding streams, partnership working and policy making directives and the full use of facilities and meeting rooms at London House in Brussels.

2. At present there is no budget provision for the annual cost of £50,000 payable on 1 April 2007. At this stage of the year as detailed budget plans for 2007/08 are still being agreed, it is proposed to permanently vire £50,000 from the MPS provision for centrally held budgets.

E. Background papers

• CT strategy
• CT action plan
• 7th Framework of Research and Development
• Establishing a Framework Programme on “Security and Safeguarding Liberties” for the period 2007-2013, COM 2005 (124) final

F. Contact details

Report author: Sally Benton, MPA.

For more information contact:

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

Appendix 1

Post 9/11 EU policy

• Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism. This Decision urges Member States to align their legislation and sets out minimum rules on terrorist offences. After defining such terrorist offences, the Framework Decision lays down the penalties that Member States must incorporate in their national legislation.
• Appointment of Mr Gijs de Vries as the first EU Counter-terrorism Co-ordinator in March last year. His main tasks are to co-ordinate the work of the Council of the EU in combating terrorism, to maintain an overview of all the instruments at the Union’s disposal, to closely monitor the implementation of the EU Action Plan on Combating Terrorism (see below), and to secure the visibility of the Union’s policies in the fight against terrorism.
• Declaration on the EU response to the London Bombings of 13 July 2005, which aims to speed up trans-national cooperation. EU ministers agreed that a range of measures already decided should be implemented as a matter of urgency, including exchange of information between law enforcement authorities, combating terrorist financing and prevention of recruitment and radicalisation.
• European Commission’s Counter-Terrorism Package of September 2005 which includes a series on proposals including on a Directive on the retention of communications traffic data; a financial decision allocating €7 million for a pilot-project in the field of prevention, preparedness and response to terrorist attacks; a proposal for a decision authorising the signature of the Council of Europe’s Convention on money laundering and terrorism financing and a Communication on terrorist recruitment and the factors contributing to violent radicalisation.

UK Presidency – Impact on CT policy

• Strengthening national capabilities: using best practice and sharing knowledge and experiences in order to improve national capabilities, including through improved collection and analysis of information and intelligence.
• Facilitating European cooperation: working together to share information securely between Member States and the EU institutions. Establishing and evaluating mechanisms to facilitate cooperation inclusion between police and judicial authorities through legislation where necessary and appropriate.
• Developing collective capability: ensuring EU level capacity to understand and make collective policy responses to the terrorist threat and making best use of the capability of EU bodies, including Europol and Eurojust.
• Promoting international partnership: Working with others beyond the EU particularly the UN, other international organisations and key third countries, to deepen the international consensus, build capacity and strengthen cooperation to combat terrorism.

The Strategy covers four strands of work, fitting under its strategic commitment “to combat terrorism globally while respecting human rights and make Europe safer allowing its citizens to live in an area of freedom, security and justice”. The four strands are:

• Prevent: to prevent people turning to terrorism by tackling the factors or root causes which can lead to radicalisation and recruitment in Europe and internationally. Key priorities include development of common approaches to sport and tackling problem behaviour such as misuse of the internet; address recruitment for example in prisons and places of religious training or worship and develop inter-cultural dialogue both within and outside the EU.
• Protect: to protect citizens and infrastructure and reduce vulnerability to attack, including through improved security of borders, transport and critical infrastructure. Key priorities include delivering improvements to the security of EU passports through the introduction of biometrics; agree a European programme for critical infrastructure protection; establish the Visa Information System (VIS) and the second generation Schengen Information System (SISII).
• Pursue: to pursue and investigate terrorists across EU borders and globally; to impede planning, travel and communications; to disrupt support networks; to cut off funding and access to attack materials and bring terrorists to justice. Key priorities include tackling terrorist access to weapons and explosives; further development of mutual recognition of judicial decisions, including by adopting the European Evidence Warrant; ensure that financial investigation is an integral part of all terrorism investigations; making full use of Europol and Eurojust to facilitate police and judicial cooperation and developing the principle of availability of law enforcement.
• Respond: to prepare the EU to manage and minimise the consequences of a terrorist attack by improving capabilities to deal with the aftermath and coordination of such a response as well as the needs of victims. Key priorities include development of risk assessment as a tool to inform the building of capabilities to respond to an attack, improving coordination with international organisations and sharing best practice for the provision of assistance to victims of terrorism and their families.

The full text of the EU Strategy can be downloaded at:
http://register.consilium.eu.int/pdf/en/05/st14/st14469-re04.en05.pdf
 

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