Question to the Authority

Report: 5
Date: 26 June 2008
By: the Chief Executive

Summary

Members are requested, in accordance with the Authority’s Standing Orders, to hear a question from Mr Chris Coverdale. The Chief Executive’s response on behalf of the Authority is included in this report.

A. Recommendation

That the Authority hear the question set out below and responds in accordance with Standing Orders 2.7

B. Supporting information

1. The following question has been received from Mr Chris Coverdale.

The Police Oath states:

“I solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.”

In December 2007 detailed evidence of genocide, crimes against humanity, war crimes, crimes against peace, murder, conspiracy to murder, incitement to murder and other indictable offences was reported to the Metropolitan Police by members of the Campaign to Make Wars History. Officers from the Crimes against Humanity and War Crimes Unit at Scotland Yard commenced a criminal investigation into the unlawful killings of 1,000,000 Iraqi citizens by HM armed forces by command of Ministers of State, MPs and others.

It is five and half years since these crimes were first reported to the Metropolitan Police and five months since they commenced this investigation. To date no-one has been arrested, no charges have been laid against offenders, all of whom are known to the police, and nothing has been done to prevent further war crimes from taking place. As a result of this failure to keep the peace, to prevent crime and enforce war law 500 people, including 150 children, are murdered every day.

This massacre of innocent people, none of whom had done any harm to anyone, now ranks as the worst atrocity in British history. Would the Authority discover from the Commissioner why he is failing to discharge his duties to uphold and enforce the laws of war, why he has taken no action to arrest and charge any of the known offenders, why he ordered the Press Office to lie to the press about the investigation and what he will do within the month to cause the peace to be kept and preserved and prevent further offences against the Iraqi people?

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 will respond to Mr Coverdale’s question as follows:

“I have been informed by the Commissioner that the allegation was originally reported to Hertfordshire Constabulary, who referred it to the Metropolitan Police.

The Metropolitan Police Specialist Operations Directorate are responsible for investigating of such allegations. Initial statements were taken from Mr Coverdale about his allegation and enquiries made in relation to the Renunciation of War Treaty 1928, and Mr Coverdale’s interpretation that the Government’s decision to invade Iraq was illegal.

The information obtained during the course of these initial enquiries was passed to the Crown Prosecution Service (CPS) for advice. The CPS lawyer reviewed the available evidence and asked the police to obtain further material. This material consisted of a number of easily accessible, ‘open source’, documents, such as the UN resolutions relating to Iraq and a copy of the Attorney General’s legal advice to the Government.

Mr Coverdale provided further statements that were also submitted to the CPS. The reviewing lawyer then passed the evidence to a War Crimes specialist lawyer who recommended no further action on the allegation.

The MPS press lines reflected the fact that a complaint had been made to police and was being considered by officers. Whilst officers took some statements and gathered ‘open source’ material no formal investigation had in fact been started.”

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(s): Nick Baker, Committee Services, 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.”

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