Minutes

Minutes of the meeting of the Metropolitan Police Authority held on 24 July 2008 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members

• Len Duvall (Chair)
• Reshard Auladin (Deputy Chair)
• Richard Barnes
• Cindy Butts (Deputy Chair)
• Faith Boardman
• James Cleverly
• Toby Harris
• Kirsten Hearn
• Peter Herbert
• Jenny Jones
• Kit Malthouse (First Deputy Chair)
• Karim Murji
• Steve O’Connell
• Caroline Pidgeon
• Aneeta Prem
• John Roberts
• Navin Shah
• Richard Sumray
• Richard Tracey
• Rachel Whittaker

MPA officers

• Catherine Crawford (Chief Executive)
• Ken Hunt (Treasurer)
• Jane Harwood (Assistant Chief Executive)
• Nick Baker (Head of Committee Services)

MPS officers

• Sir Paul Stephenson (Assistant Commissioner)
• John Yates (Assistant Commissioner)
• Bob Quick (Assistant Commissioner)
• Anne McMeel (Director of Resources)

31. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Victoria Borwick, Dee Doocey and Sir Ian Blair (Commissioner).

32. Declarations of interest

(Agenda item 2)

No declarations were made.

33. Minutes

(Agenda item 3)

Members considered the minutes of the Authority meeting held on 26 June 2008.

The Chief Executive, in relation to minute 23, reported that the employment tribunal brought by Commander Shabir Hussain had now concluded and the findings should be made public within the next few months. She added that Commander Hussain had, prior to the conclusion of evidence, withdrawn his allegations against the Chair of the Authority.

RESOLVED – That the minutes of the Authority meeting held on 26 June 2008 be agreed and be signed as a correct record.

34. Minutes of committees

(Agenda item 4)

The minutes of the following committees were received for information:

• Co-ordination and Policing Committee – 5 June 2008
• Equal Opportunities and Diversity Board – 5 June 2008
• Planning, Performance and Review Committee – 12 June 2008
• Corporate Governance Committee – 12 June 2008
• Finance Committee – 19 June 2008
  
  RESOLVED – That the minutes of Committees be received and noted.

35. Chair's update

(Agenda item 5)

The Chair informed the Authority that following press reports the previous weekend, the Commissioner had written to him regarding the letting of a contract to be the ‘programme conscience’ to the C3i programme. A copy of this letter had been circulated to members for information.

The Chair, in noting the contents of the letter, informed members that the Authority would be reviewing all paperwork relating to this contract in order to be assured that procedure had been followed. He said that following this review, a report would be presented to the Authority.

The Chair and members extended their congratulations to the Deputy Commissioner, Paul Stephenson on his recent knighthood.

The Chair confirmed that following recent concerns raised by Assistant Commissioner Tarique Ghaffur about possible discrimination, this matter was currently subject to mediation.

The Chief Executive informed members that this was the last full Authority meeting to be chaired by Len Duvall and the last full Authority meeting of a number of independent member and possibly Assembly members. As the recruitment process of independent members had not been concluded and the Mayor had not yet submitted the formal notice of membership of the Authority from 1 October, the Authority would mark the departure of these members at a later date.

Members asked that their thanks to Len Duvall for chairing the Authority for the last four years and for the contribution made by those members not being re-appointed to the Authority be noted.

36. MPA Stockwell scrutiny

(Agenda item 6)

Following the death of Mr Jean Charles de Menezes at Stockwell underground station on 22 July 2005 and the publication of two subsequent reports by the Independent Police Complaints Commission (IPCC), the Authority agreed to scrutinise how the MPS had responded to the learning from the tragic death of Mr de Menezes.

The MPA’s Co-ordination and Policing Committee in December 2007 agreed the terms of reference for the scrutiny. The Scrutiny Panel consisted of Dee Doocey, Faith Boardman, Jennette Arnold and was chaired by Len Duvall. The Panel had taken oral evidence from senior MPS and MPA officers and key partners including the IPCC and Her Majesty’s inspectorate of Constabulary (HMIC). In addition, the Panel had undertaken a comprehensive review of the documentation provided by the MPS to evidence the changes that had been in place since 2005. Members now received a report that outlined the findings of the scrutiny.

The aim of the scrutiny had been to reassure the MPA and Londoners that the MPS had responded appropriately to the lessons learnt as a result of the various investigations into the shooting of Mr de Menezes and to ensure that the sequence of events that led to the shooting did not reoccur. In general, the Panel had found that progress had been good, although there were still areas that required further work and the final scrutiny report had made a number of recommendations. The Panel also felt that there were some gaps in the Panel’s knowledge of what happened and it therefore would need to revisit the issue, with the assistance of the HMIC, following the forthcoming Coroner’s Inquest.

The Panel would also be asking the Commissioner to respond to the recommendations of the scrutiny in a report to the Authority.

The Chair reiterated that it was not the role of the MPA to investigate the events leading to the shooting of Mr de Menezes, but to ensure that lessons were learnt and action taken, as far as possible, ensure such a tragedy did not occur again. He added that this would be a complex process for the MPS, particularly as some of these matters remained subject to legal issues. The Chair stated that the Coroner’s Inquest might identify other areas that needed action. The Scrutiny Panel had highlighted some areas around technology surveillance procedures, firearms mobilisation and control rooms that facilitate joint working both within the MPS and between the MPS and other services. He further added that the Panel had raised concerns about the practice of police officers conferring when making notes following a firearm operation, which needed to be addressed; he felt that there was a need for both transparency and the need to respect the rights of firearm officers. He looked forward to the MPS implementing the recommendations and ensuring that the Authority received updates on the progress of there implementation. The Chair stated that many of the issues of July 2005 could be presented again during the future and actions taken by the MPS to respond to the events that occurred at Stockwell needed to be tested continually.

The Chair thanked Panel members and those, including the MPA staff, who contributed to its final recommendations. The Chair apologised for the length of time it had taken the Scrutiny Panel recommendations to be presented to the Authority, but added that the Panel had had to deal with often quite complex issues. In relation to making the transcripts from the Panel meetings and other documentation available to members, he stated that he was personally comfortable in releasing these, subject to officers advising what could be placed in the public domain.

The Chair informed members that a letter had been received from the ‘Justice4JeanFamilyCampaign’, which expressed disappointment that the family had not been included in the scrutiny, kept informed of its progress or provided with a copy of the scrutiny report in advance of the meeting. The Chair confirmed that the Chief Executive had responded to the representative of the campaign expressing the Authority’s apologies for not forwarding a copy of the scrutiny report prior to its publication and that the Chair and the Panel were unaware that the family had not been informed. The letter made it clear that there was no intention to exclude the family. The Chair added that he to would also be writing to the family’s representative on behalf of the Panel to also apologise for any hurt this may have caused. Both the Chief Executive and Chair stated that any views the family offered would be taken into account when the Authority considered further reports after the inquest.

The Deputy Commissioner prefaced his comments by stating that the MPS deeply regretted and apologised for the death of Mr de Menezes.

In relation to the Scrutiny Panel’s recommendations, which the MPS welcomed, he stated that some of the recommendations would be challenging for the organisation, particularly as they would remain subject to legal issues. However, he confirmed that following the incident in 2005, the MPS had changed the way such operations took place, taking on board views and comments from the IPCC investigations, the health and safety trial and the GLA scrutiny held at City Hall. These changes were subjected to rigorous review by the MPA (through a series of reports to the Authority), IPCC, HMIC and by the MPS themselves and would now be reviewed in the light of the recommendations of the scrutiny panel. He added that the MPS had shown that it was being open and transparent in changing the way it operated and this had been reflected in a recent report by the HMIC.

In relation to the practice of allowing officers to confer in preparation of their notes, the Deputy Commissioner understood the areas of concern raised by the scrutiny panel and the perceptions of the public, but noted that this was a complex issue,. Changes would need to be guided with legislation and he suggested that there was a need for a clear direction on what was required, supported by proper research and an accurate view of evidence for any change.

Members welcomed the scrutiny panel’s recommendations. A number of members also expressed there disappointment that the family of Mr de Menezes had not received, prior to the meeting, a copy of the scrutiny panels report or been kept informed of the panels progress and findings. They supported the Chair and Chief Executive’s undertaking to ensure that this did happened in the presentation of future reports to the Authority.

Most members commented on recommendation 19 of the scrutiny panel’s report, which referred to the practice of allowing officers to confer in preparation of their notes. Broadly, most members supported the recommendation that this practice ‘is discontinued and procedures put in place to facilitate genuinely independent recollections’. It was suggested that an option to establish a two-stage process, whereby officers made their own notes and then an overview took place, be considered. Members agreed that taking this recommendation forward would require both proper research and need to be evidence based. Members agreed that the conferring of notes are also a criminal justice issue and that those implications needed to be taken account of. Members asked whether the MPS, in conjunction with HMIC and the MPA, would changing this processes in the event that ACPO decided not to. The Deputy Commissioner suggested that the MPS would need to consider all of the implications and work with partners on how this issue could be delivered before forming a final view. If there was a case for doing so the MPS would change the process, but preferably with the support of ACPO.

Regarding community engagement, members felt that there was a need for the MPS to be working more with local partners and local authorities and suggested that this work could be undertaken through London Councils.

Members discussed the ‘salmon process’. Members felt that there was a need for this process to be more transparent and to look at best practice from other organisations, but added that this process needed to take account of any agreements made with those individuals subjected to this process.

Members raised a number of other points, which included:

• That the scrutiny report should be circulated as widely as possible.
• Discussions needed to take place with the Police Federation on a proper process for firearms officers who have discharged their weapons and their removal from the incident.
• There was a need for greater clarity around command structures during such operations.
• In relation to recommendation 18, members supported the need for protocols and practices to be clear so that officers were reassured that in fatal shootings they were regarded as important witnesses and not as suspects.
• Some concern was raised relating to the length of time it took to mobilise a firearm team.
• In supporting recommendation 12, members felt there was an urgent need for allowing the MPS better access and control of CCTV for operational intelligence control and this should be pursued with TfL and through London Councils.
• Some members felt that racial profiling remained an issue and that it was important that the community were better informed about this as indicated in recommendation 15.
• Members highlighted the importance of communications, particularly those underground.

The Chair concluded by stating that the scrutiny panel (possibility with different membership) would need to be reconvened to consider those issues not considered due to the forthcoming Coroner’s Inquest or any arising from it. In the meantime, the MPS would be both working on a report to respond to the scrutiny panel’s recommendations and begin work to implement some of them.

RESOLVED – That the findings and recommendations of the scrutiny be endorsed.

37. Counter terrorism update

(Agenda item 7a & 7b)

The Authority received two reports that provided an update on counter terrorism (CT)

The first report was an MPA report that provided members with an update on MPA and national governance of counter terrorism. Members noted that MPA governance arrangements had taken a significant step forward with the establishment of a CT Oversight Group to support members in the strategic oversight of CT business. The report also informed members of developments on governance arrangements of CT at a national level, with the MPA and other CT authorities taking the lead in such areas as developing a performance management process.

The MPS also presented a CT update report. This report provided an overview of MPS activity and achievements in CT, including an outline of proposals for an MPS CT strategy.

In welcoming the report, members noted the success in relation to many of the targets set and asked if the MPS felt that the targets were stretching.

With the overarching aim of the PREVENT strand of the proposed counter terrorism strategy being to ‘stop people becoming or supporting terrorist or violent extremists’, members asked what work was being undertaken on supporting vulnerable people. Members also requested further information about financial implications and sources and how this was managed in relation to CT.

Members also drew attention to the MPA Stockwell Scrutiny and its recommendation (31) relating to the establishment, by the Chief Executive in consultation with the Commissioner, of a protocol that detailed the internal arrangements in the MPA for implementing the MPA’s communication strategy during a critical incident or crisis event. It was suggested that there was also a need to develop this to reflect the joint accountability of the national CT function.

Members suggested that there was still further work to be undertaken in relation to counter terrorism and developing the work with diverse communities in London.

In relation to the current targets, it was suggested that these were stretching, but should be subject to future review. The MPS reassured members that the use of resources was cost effective, but welcomed further scrutiny of this. It was also added that work was being undertaken to help vulnerable people not to become ‘radicalised’, however, there was again a need to develop this work further.

The MPS undertook to circulate to members details of intrusions into key secure zones and further details on targets relating to responses to the anti terrorism hot line.

RESOLVED – That

1. the Authority note the MPS achievements in relation to counter terrorism;

2. the Authority note and support development in relation to an MPS counter-terrorism strategy; and

3. the MPS counter-terrorism strategy take account of the MPA Stockwell Scrutiny and its recommendation (31) relating to the establishment, by the Chief Executive in consultation with the Commissioner, of a protocol that detailed the internal arrangements in the MPA for implementing the MPA’s communication strategy during a critical incident or crisis event.

38. MPA Prevent delivery strategy

(Agenda item 8)

The MPS presented a report that outlined how it would deliver the ‘PREVENT’ stand of CONTEST. The report informed members of the governance, timeline and developing work plan for the programme.

Members welcomed the report and raised a number of issues. These included:

• The need to ensure that Crime and Disorder Partnerships have sight of the MPS PREVENT Programme.
• The MPS should develop this work with local authorities, through GOL and not just at chief executive level.
• The need for the MPA to develop its strategy.
• Working with local partners to develop working with vulnerable people.

RESOLVED - That

1. the Authority note the MPS's proposal in relation to delivering CONTEST- PREVENT into the MPS; and

2. the Authority agree the proposed direction of the Programme.

39. Review of Standing Orders

(Agenda item 9)

A report was considered that sought approval to amend Standing Orders, specifically to the Financial and Contract regulations and subsequently, the Scheme of Delegation.

Members were informed that the review of the Financial and Contract Regulations and Scheme of Delegation had also been subject to scrutiny by the Finance Committee.

The Treasurer highlighted one change which, following concerns raised by the MPS, proposed that the approval level for exemptions to contract regulations be increased from £40,000 to £100,000. He confirmed that the increase would be supported by additional controls that the MPS are putting into place (It was noted that these controls are in the process of being developed and would submitted to a future meeting of the Finance Committee for consideration after scrutiny by the Procurement Oversight Group) with the MPS Procurement Service playing a greater role in the approval of exemptions below £100,000. Finance Committee (via the Procurement Oversight Group) would be provided with a quarterly update on such exemptions. Exemption above £100,000 would continue to require the prior approval of the Chief Executive.

Members also suggested that in forthcoming months there was a need to review Standing Orders as whole, to ensure that there was clarity between the role of the Mayor and the Chair's positions on the MPA and to ensure that the Standing Orders reflected the roles of all 23 members of the Authority.

RESOLVED - That

1. the proposed amendments to Standing Orders outlined in the report be agreed;

2. the wider piece of work currently being undertaken on the governance of contracts, under the supervision of the Procurement Oversight Group, be noted.

40. Independent members

(Agenda item 10)

Members received an update on the current appointments of nine independent members of the Authority.

The report confirmed that the appointment process was scheduled to be completed by 29 July 2008 and that the Home Secretary had confirmed that the term of office for these appointments should expire on 30 June 2012.

RESOLVED – That the report be noted.

41. Commissioner's update

(Agenda item 11)

Performance issues and operational and non-operational news

In the absence of the Commissioner, the Deputy Commissioner presented performance information for the period July 2007 to June 2008 compared with July 2006 to June 2007.

Members welcomed the continuing successes in performance, particularly in relation to robbery and homicide.

Regarding the Public Attitude Survey, some members highlighted the figures for ‘importance of knowing a local police officer’ and feeling informed about local police activity’. It was felt that there could be implications for safer neighbourhood policing.

Other matters

Major forthcoming events

The Deputy Commissioner highlighted two major events that were being held in forthcoming weeks: the Notting Hill Carnival and a climate camp in Kent. Both of these events were likely to be resource intensive. Regarding the Notting Hill Carnival, the Deputy Commissioner informed members that it was the intention to deploy lessons learnt from ‘Operation Blunt 2’.

Press release

Members highlighted a recent press release with information supplied by the MPS regarding a recent rape. The report had included descriptions of how the victim had been found and members felt that this was inappropriate. The Deputy Commissioner concurred with members’ views.

The meeting closed at 1:20 pm

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