Minutes

Minutes of the meeting of the Metropolitan Police Authority held on 31 May 2007 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members

• Len Duvall (Chair)
• Reshard Auladin (Deputy Chair)
• Cindy Butts (Deputy Chair)
• Tony Arbour
• Richard Barnes
• Faith Boardman (items 6a-11)
• Dee Doocey
• Nicky Gavron
• Toby Harris
• Kirsten Hearn (items 6a-9)
• Peter Herbert
• Damian Hockney
• Elizabeth Howlett
• Jenny Jones
• Karim Murji (items 6a-11)
• Bob Neill (items 1-9)
• Aneeta Prem
• John Roberts
• Richard Sumray
• Rachel Whittaker

MPA officers

• Catherine Crawford (Chief Executive)
• David Riddle (Deputy Chief Executive)
• Ken Hunt (Treasurer)
• Nick Baker (Head of Committee Services)

MPS officers

• Sir Ian Blair (Commissioner)
• Paul Stephenson (Deputy Commissioner)
• AC Hayman
• AC House
• Commander Gibson
• Stephen Rimmer

149. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Jennette Arnold and Joanne McCartney. Apologies for lateness were received from Faith Boardman Kirsten Hearn and Karim Murji.

150. Declarations of interest

(Agenda item 2)

No declarations were made.

151. Minutes

(Agenda item 3)

Members considered the minutes of the Authority meeting held on 26 April 2007.

It was noted that information on policing costs for the Excel Arms Fair (minute 141) would be circulated to all members.

Resolved – That the minutes of the Authority meeting held on 26 April 2007 be confirmed and signed as a correct record.

152. Minutes of committees

(Agenda item 4)

The minutes of the following committees were received for information:

• Equal Opportunities and Diversity Board 8 March 2007.
• Professional Standards and Complaints Committee 12 April 2007.
• Finance Committee 3 May 2007.
• Coordination and Policing Committee 3 May 2007.

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

151. Chair's update

(Agenda item 5)

The Chair proposed that agenda item 11 ‘Governance and accountability of counter terrorist policing – update’ be moved from Part 2 (exempt) of the agenda and heard in Part 1 (public/open) of the agenda. Members supported this proposal.

152. MPA drugs scrutiny and MPS drugs strategy

(Agenda item 6a & item 6b)

Members received a report that summarised the draft findings of the MPA drugs scrutiny and outlined a number of recommendations that aimed to deliver a more effective approach to tackling drug related crimes, including being explicit about the impact drugs have on overall crime in the annual policing plan.

In addition, members also received a report containing the MPS drugs strategy 2007/10 and a delivery plan. The report reminded members that in April 2006 the MPA Planning, Performance and Review Committee recommended that drugs should be designated a priority for the Metropolitan Police Service in the context of understanding the drivers of crime. At the Authority meeting in April 2007 members agreed to defer consideration of the MPS drugs strategy in order to consider the outcomes of the MPA scrutiny into drugs and addressed actions from the April meeting around harm and the Drugs Intervention Programme.

The Chair of the Authority asked Richard Sumray, as chair of the scrutiny panel, to introduce the findings/recommendations of the scrutiny.

He informed members that the scrutiny panel heard evidence between October and December 2006 from policy makers, partners and police officers, as well as seeking the views of voluntary sector and other stakeholders, including former drug users and families and community members affected by drugs. He added that the scrutiny had not attempted to cover all aspects of drugs policy, many of which have been and continue to be resolved and commented on elsewhere. In presenting the recommendations of the scrutiny, he noted that it was important that the MPS follow up the recommendations and that the MPA monitor progress. However, citing the example of consumption rooms and the importance of treatment, he added that some recommendations were beyond the remit of the MPS.

Members made a number of comments regarding both reports. A number of concerns were raised in relation to the 11 boroughs that did not receive Drug Intervention Programme (DIP) funding. In particular, members felt that this led to an inconsistent approach with offenders in non-DIP boroughs not having the same intervention opportunities and boroughs not being able to target priorities and persistent offenders, Members requested that these concerns be raised with the Home Office.

Some members felt that both the scrutiny and strategy needed to be more robust in supporting different approaches to dealing with drugs. It was suggested that there was a need to seek alternative approaches from enforcement and look at a more diversionary approach when dealing with drug related issues. Some members felt that the drugs scrutiny and strategy needed to work along side a gun crime strategy and take account of the impact of gangs. It was added that further work was needed by the prison services to stop re-offending. Some members felt that there needed to be more consideration on drugs and mental health issues and felt that the scrutiny should, if it was felt appropriate, challenge and suggest legislative change relating to the tackling of drugs.

Members suggested that as part of a drugs strategy, consideration should be given to the benefits from engaging with the community, citing working with schools and engaging with young people. In addition, it was felt that consideration should be given to the number of people, particularly women being used as ‘drug mules’.

In relation to the MPS drugs strategy, members strongly supported the MPS approach of assets seizures, and stressed the importance of using these resources to tackle drug related crime.

AC House, in response to members, confirmed that representation had been made to the Home Office regarding DIP funding pan London, but he welcomed further input from the MPA. He confirmed that the MPS would support the recommendations of the scrutiny and that he was confident that borough commanders were clear about and actioning borough priorities, which included those relating to drugs. He confirmed that Serious Organised Crime Agency was working with the MPS on drug trafficking and whilst noting members comments he reported that the MPS were working closely with the community on drug related matters and cited the number of crack houses closed following discussions with local communities. He noted comments from members relating to a diversionary approach when dealing with drugs, but stressed that this approach needed to be practicable. AC House confirmed that the MPS was meeting targets in relation to the Proceeds of Crime Act and that he would provide members with details of the number of recent convictions of those cultivating cannabis in private properties.

The Chair thanked those involved in the scrutiny and development of the strategy. He supported members views that DIP funding should be pan London and suggested that prior to expressing this view to the Home Office, he should receive a note on MPS/MPA lobbying strategy, which should also include working with other agencies on lobbing. He also highlighted the need to engage with CDRPs on delivery of some of the practical recommendations.

Resolved – That

1. the draft findings of the drugs scrutiny be noted; and
2. the MPS drugs strategy for 2007-10 and delivery plan at Appendix 1 to the report be agreed.

153. Review of police use of counter-terrorism Stop and Search powers in London

(Agenda item 7)

In February 2007, the Authority, as part of the discussion on counter terrorism: the London debate, requested the MPS undertake a review of police use of counter-terrorism stop and search powers (Section 44 of the Terrorism Act 2000) in London.

AC Hayman in introducing the report informed members of the current potential threat levels of a terrorist attack and outlined the process for seeking Home Secretary approval to implement use of Section 44. He confirmed that the review of use of Section 44 had considered the authorisation process, the briefing/tasking and deployment of resources and the impact of the use of Section 44 on the broad MPS environment.

Arising from the review, AC Hayman drew members’ attention to the recommendations in the report, highlighting the recommendation that the MPS continue to apply to the Secretary of State for authority to use Section 44. He added that the review had also concluded that the MPS should revisit and update Section 44 Standing Operations Procedure and provide improved briefings. In addition, officers should receive improved training to enable them to confidently and properly exercise their powers under stop and search provisions. The review had highlighted the need to engage in better public awareness of Section 44 and AC Hayman outlined the need for the MPS to nominate a strategic lead officer for the tactical pan-London use of Section 44 and develop a comprehensive communication strategy. AC Hayman also confirmed to the Authority that the MPS now supported the publication of data relating stops and searches under Section 44 having listened to the views and comments from Londoners arising from the discussion on counter terrorism: ‘the London debate’.

The Commissioner stated that the MPS had not engaged in any discussion following on reports that the Government were proposing to introduce new ‘stop and question’ counter terrorism powers.

The Chair asked Toby Harris and Reshard Auladin, as the lead members on the ‘London debate’, to respond to the report and its proposals. Toby Harris informed the Authority that at the London debate sessions, Londoners had given a clear message that they felt that Section 44 stops were disproportionate and having a negative effect on those who in principle supported the MPS and its counter terrorist actions. He felt it was vital that the MPS address this issue. He welcomed the proposals to revisit and update Section 44 Standing Operations Procedure; provide improve briefings; improved training; and engage in better public awareness of Section 44. In relation to the development of a communications strategy, he agreed that this would be an important step in elevating the poor perception many Londoners had of Section 44 stops and searches. He also supported the MPS’s decision to provide detailed data on Section 44 stop and searches and added that the Authority should monitor this data.

In addition, he suggested that whilst there are potential iconic terrorist targets in central London, terrorist activities might/do operate pan-London, as should the use of the powers. In conclusion, he stated that he did not feel that there was a need to introduce any new powers.

Reshard Auladin concurred with the comments made by Toby Harris and added that there was a perception that people being stopped and searched under this legislation were suspected of being terrorists and this needed to be addressed. He added that the proposals around training and communication were important and welcomed.

Some members were concerned that the review failed to take account that many people opposed Section 44 as method of stop and search, as they felt it was either inappropriate or undertaken disproportionately. In relation to the MPS’s decision to provide data relating to Section 44 stop and searches some members felt that this data would be inaccurate as there was evidence that it was taking an excessive amount of time to process the data or was not being processed at all. Whilst welcoming the proposals arising from the review of Section 44, some members were concerned at the damaged to confidence and relationships with of some of London’s communities and felt that there was a need for better training of officers, to ensure that stops/searches were carried out fairly and courteously. In addition, members supported the comments made by the Chair in a press release in which he opposed the Government proposal to introduce new stop and question counter-terrorism power.

AC Hayman, in noting the points raised by members, suggested that the proposals outlined in the report would address these concerns. He felt that the guidance, training and communication proposals would improve standards and give better reassurance.

The Chair agreed with members that the MPS needed to incorporate Section 44 stop and search data within Operation Pennant (the assessment of stop and search performance data) and agreed with the proposal by Damian Hockney and seconded by Jenny Jones to add an addition recommendation that he write to the Home Secretary expressing the Authority’s concern about the introduction of any new stop and question counter terrorism powers.

The following members requested that their names be recorded as opposing recommendation 1: Peter Herbert; Damian Hockney; Jenny Jones; Aneeta Prem and John Roberts.

Resolved - That

1. the MPS continue to appropriately apply to the Secretary of State for authority to use Section 44 Terrorism Act 2000 (Section 44) powers (currently pan – London);
2. the MPS continue to constantly review the appropriateness of a pan London authority and based upon the threat, intelligence and operational requirements continue to only apply for pan-London authority when it is needed to support tactics to prevent terrorism. However, this recommendation be subject to the further recommendations made throughout this report;
3. the MPS revisit and update the Section 44 Standing Operating Procedure (SOP), and ensure that staff receive adequate briefing for the appropriate and legitimate use of Section 44 powers, although post event de-briefing would be conducted to ensure effectiveness and highlight opportunities for improvement;
4. the MPS provide sufficient training to enable staff confidently and properly to exercise their powers under all stop / search provisions;
5. the MPS nominate a strategic lead officer for the tactical pan-London use of Section 44, to co-ordinate activity from the receipt of Section 44 authority through deployment and post deployment monitoring;
6. as with the exercise of all other stop and search powers, the MPS promote the tactical option of ‘stop and account’ within a revised SOP (See recommendation 3);
7. the MPS maximise opportunities to engage public awareness in the use across London of Section 44 by using appropriate high visibility signs / other equipment, where appropriate;
8. the MPS develop a comprehensive communication strategy and engagement plan to ensure Londoners receive a consistent level of accurate information pertaining to police use of Section 44;
9. the MPS conduct an annual MPS Equality Impact Assessment in respect to Section 44 of the Terrorism Act; and
10. the Chair of the Authority write to the Home Secretary expressing the Authority’s concern about the introduction of any new stop and question counter terrorism powers

154. Annual report

(Agenda item 8)

Each year the Authority, as part of its statutory duty, publishes a joint annual report with the MPS. Members considered the draft report of 2006/07. A number of points were raised and it was agreed that these would be considered prior to the publication of the report.

• It was agreed that further areas that the MPS can do better should be developed, including better budgeting practices and consideration of zero based budgeting.
• Mention needs to be made of the high profile murders of 10 teenagers in London during the past year.
• Redrafting the paragraph ‘The policing budget’ relating to the planned increase in number of police on the streets.
• The need to highlight work being undertaken on rape.
• The need to indicate if the victims satisfaction survey included road accident victims.
• ‘The police estate’ paragraphs needed to be more detailed, and should include how sustainable buildings and accommodation will be achieved and more detail on the MPS Communication Strategy.
• The report needed to highlight financial pressures.
• More positive detail should be provided in relation to the work of the Domestic Violence Board.
• The Partnership section needed to highlight key objectives and aims.

The Chair added that if members had any further comments these should be e-mailed to the Chief Executive.

Resolved – That, subject to the feedback from other stakeholders and a section relating to crime and disorder reduction partnerships, the draft report be agreed.

155. Commissioner’s update

(Agenda item 9)

Performance issues

The Commissioner presented performance information and figures, comparing the period February - April 2007 to the period February - April 2006. The figures showed a continuation of good performance in most categories, with total notifiable offences falling by 4.5%. The Commissioner particularly highlighted the decrease in the figures for domestic violence, which showed a –9.8% change for the period reported. In relation to domestic violence, members, whilst welcoming the reduction, raised concerns about the disproportionality in the number of domestic violence murders and the Commissioner agreed that this needed to be addressed.

In noting the improved figures for hate crimes, members requested that a category in future performance data be established for rape.

The Commissioner also agreed that he would revise the presentation of the survey data, possibly to indicate trends.

Other issues

Safer neighbourhoods teams

The Commissioner reported on the community engagement being undertaken by safer neighbourhood teams.

In welcoming the continuing community engagement undertaken by safer neighbourhood teams, members discussed those Police Community Safety Officers (PCSOs) funding by individual boroughs and the discretionary powers that officers/teams have. Arising from this discussion, members requested that the Co-ordination and Policing Committee be presented with a report that provided details on borough financed PCSOs and what discretionary powers they have. The Commissioner agreed he would provide specific information to members relating to Ealing Council and that Authority’s request to financially support PCSO officers, including dealing with environmental crime and why this had been declined as environmental crime was deemed not part of PCSO duties.

New Wembley Stadium

The Commissioner reported on the recent opening of the new Wembley Stadium and his concerns about the considerable policing resources required for events. Members added their concerns about the policing of public events and in particular football events. The Chair reminded members that a report on the ‘Kickz’ youth diversion programme would be presented to the Co-ordination and Policing Committee meeting on 7 June 2007 where this issue would be discussed further.

Sponsorship issues

Following concerns from members about possible reductions in the staffing of the Arts and Antiques and Wildlife Units, AC House confirmed that the MPS could legally seek sponsorship to support the work of these Units. Discussions were taking place with possible sponsors, and decisions to make reductions had been made as part of the budget process and discussed with and scrutinised by the Authority. The Commissioner added that he would welcome support from the Authority in trying to obtain sponsorship in this and other areas.

Traffic offences committed by police officers

Following recent press reports on the number of officers (across the country) not being prosecuted following a traffic offences, the Commissioner explained that there would always be incidents where officers would have to breach traffic regulations in the line of duty. However, he added that where this was not the case, officers should be subject to the same process as others. He confirmed that he had asked the Director of Professional Standards to investigate this issue. Members welcomed this and also requested that the Director of Professional Standards also look at officers abusing cycle stop lines, using mobile phones whilst driving police vehicles and allowing car engines to run whilst parked.

Use of knives and guns against police officers

The Commissioner drew members’ attention to recent incidents were officers had been attacked with knives or shot at. While these remained isolated incidents the use of ‘Taser’ had kept such incidents to a minimum. A report on ‘Taser’ would be considered by the Co-ordination and Policing Committee at its meeting in September 2007. Members also discussed protective clothing and it was agreed that a report be presented to a future meeting of Co-ordination and Policing Committee on this.

Critical Mass bike rides

The Commissioner confirmed that the monthly Critical Mass bike ride organisers had to provide details to the police of its planned route. He added that the policing of this event would not change and that he was keen to continue to work with the organisers, particularly on suitable routes for the event.

Mayor’s Climate Change Action Group

Members were informed of the Mayor’s Climate Change Action Group and its work with the Clinton Foundation. The Group and the Foundation had agreements in place with banks and energy providers to assist with key organisations to refurbish their property/accommodation in order to improve their facilities from an environmental perspective. It was noted that the agreements with the banks and energy providers from a procurement perspective was favourable. The Deputy Commissioner welcomed the proposals, but added that the MPA/MPS would want to look in detail at the proposals which would be considered further as part of the environmental strategy.

Race Hate Crime Forum

A request was made to the MPS that as part of the budget scrutiny process consideration be given to funding the Race Hate Crime Forum. The Commissioner agreed to consider this, but highlighted the financial restraints the organisation was increasingly subjected to.

PC Yvonne Fletcher

In response to members, the Commissioner confirmed that, following improved international relations with Libya, MPS officers had held discussions with Libyan government officials about the murder of PC Yvonne Fletcher. He added that the Libyan Government were co-operating, but no suspect had yet to be identified.

Resolved - That the report be received.

156. Exclusion of press and public

Members agreed not to exclude the press and public from agenda item 10

Resolved – That agenda item 10 be placed into Part 1 of the agenda.

157. Governance and accountability of counter terrorist policing

(Agenda item 10)

The Authority received an update report on the governance implications for the MPA and police authorities across England and Wales following the revised national structures for counter terrorist policing. The report provided details of the work undertaken following an initial meeting in February and a subsequent meeting in May, by the four-host counter terrorist unit police authorities (MPA, Greater Manchester, West Yorkshire and West Midlands police authorities) and the with Association of Police Authorities (APA) and Developments Capabilities Board.

In response to members, the Chair confirmed that the out of London Olympic sites were integrated within the MPS counter terrorist policing. The Chief Executive confirmed that the governance and accountability of counter terrorism was at an early stage, however, the principles were that there should be public transparency/accountability, including around financial arrangements and operational approaches. She added that arising from this work other police authorities had been persuaded that counter terrorist policing was ‘business as usual’ and that accountability issues needed to be developed.

A further report would be presented to the Authority in September.

Resolved – That

1. the MPA’s position continues to be supported at the Association of Police Authorities; and
2. the Chief Executive provide a further update report to members in September.

The meeting ended at 1:30 pm

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