Minutes

Minutes of the meeting of the Metropolitan Police Authority held on 30 April 2009 at Chamber, City Hall, The Queen’s Walk, London, SE1 2AA.

Present

Members

• Boris Johnson (Chairman)
• Jennette Arnold
• Reshard Auladin
• Faith Boardman
• John Biggs
• Chris Boothman
• Victoria Borwick
• Valerie Brasse
• James Cleverly
• Dee Doocey
• Toby Harris
• Kirsten Hearn
• Neil Johnson
• Jenny Jones
• Clive Lawton
• Joanne McCartney
• Kit Malthouse (Vice Chairman)
• Steve O’Connell
• Caroline Pidgeon
• Graham Speed
• Richard Tracey

MPA officers

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

MPS officers

• Tim Godwin (Temporary Deputy Commissioner)
• Chris Allison (Assistant Commissioner)

97. Apologies for absence and announcements

(Agenda item 1)

Apologies for absence were received from Cindy Butts, Deborah Regal and Sir Paul Stephenson (Commissioner)

98. Declarations of interest

(Agenda item 2)

Chris Boothman declared a personal interest in agenda item 6a in that he was a Director of the Notting Hill Carnival Trust

99. Minutes

(Agenda item 3)

Members considered the minutes of the Authority meeting held on 26 March 2009.

Matter arising

Minute 93(b) Appointment of member to committee - Confirmation was given that at the last meeting of the Authority, the Chairman of the Authority had been appointed as borough link member for Greenwich, but subsequently had withdrawn his nomination in favour of Steve O’Connell.

Resolved – That the minutes of the Authority meetings held on 26 March 2009 be agreed and be signed as a correct record.

100. Chairman/Vice Chairman’s update

(Agenda item 4)

The Chairman wished to record his deepest sympathy to the families and friends of two police officers: Gary Toms and Chris Dent who recently died in two separate incidents. PC Gary Toms, a specialist firearms officer, died on 17 April 2009. He had been in hospital with critical injuries received while responding to a call to an aggravated burglary. On 22 April PC Chris Dent, a motorcycle officer, was killed in a hit-and run crash on his way home from duty.

The Chairman also wished to record his thanks to former Assistant Commissioner Bob Quick, whose resignation he had accepted on 8 April 2009. The Chairman stated that Bob Quick had made a dedicated and effective contribution to fighting terrorism in London and nationally. He also welcomed Assistant Commissioner John Yates to his new role as Assistant Commissioner Specialist Operations.

The Chairman concluded that whilst he was aware that the agenda included an item on the policing of the G20 summit, he wanted to record his sympathies to the family of Ian Tomlinson who died during the demonstration. In doing so, the Chairman added that he hoped that subsequent investigations into Mr Tomlinson’s death would provide his family with clear answers as to what had happened.

Resolved – That the report be received.

101. Commissioner’s report

(Agenda item 5)

(A transcript of this item is available)

In the Commissioner’s absence, Temporary Deputy Commissioner (T/DC) Tim Godwin presented a report that summarised the progress of the MPS against the objectives in the 2008-2011 Policing Plan for London. The report covered the period between February and March 2009 with data for individual measures reflecting the 12-month period ending March 2009 where available.

T/DC Godwin highlighted a number of areas where there continued to be improvements of performance and this included the continuing fall in youth violence. He added, however, that following the recent death of another young person, the MPS remained only too aware that there remained a considerable amount to work to be done in this area.

He also raised a number of areas of concern including the increases in hate crimes and rape. He added that whilst we believe the rise in hate crime is attributed to an increase in victims coming forward and reporting crimes, which in an are where under reporting has historically been an issue. The Met will monitor this area carefully to ensure an actual increase in crime is not being masked by increased reporting.

T/DC Godwin then reported to members on the policing of the G20 summit. In doing so, he stated that this and any subsequent discussions should not prejudge or prejudice the current investigation of the policing of that event. He added that he would provide a fuller report at agenda item 6a, but he hoped that members would agree that the overwhelming majority of police officers policing that event did so in a very professional manner. He also wished it to be recorded that the MPS fully supported the investigation into Mr Ian Tomlinson’s death and at this stage it would be irresponsible to comment further on the details of what happened.

He confirmed that an officer who had posted inappropriate comments linked to the G20 demonstrations on a social networking website had resigned.

Issues raised by members

Civil claim

Following a recent press report that a number of demonstrators outside the Mexican Embassy had been wrongfully arrested, members raised concerns that the Authority had not been consulted on the decision to settle this matter out of court. Members felt that this showed a lack of understanding of role of the Authority and a need for improved communications.

T/DC Godwin informed the members that the Authority should have been engaged in the decision making process relating to this case and apologised that the MPS had not done so.

Photography

Several members raised concerns about reports of members of the public being asked by police officers to delete photographs from cameras with anti terrorism legislation cited as the basis for this.

T/DC Godwin agreed with members that this was unacceptable and undertook to reinforce the message that this practice should not be taking place, unless it was specifically related to an anti terrorist operation or concern.

The Chief Executive confirmed that the Authority would be receiving a report on this matter and agreed with members that as part of the report members should be provided with details of current legislation relating to restrictions on photography

Single patrolling of officers

In response to members, T/DC Godwin confirmed that single patrolling by officers was in operation.

Clubs and vice

Members asked the MPS to ensure that there was co-ordinated action between MPS clubs and vice unit and the work arising from the GLA’s‘violence against women’ strategy.

Resolved – That the report be received.

102. Question from a member of the public

(Additional item)

(A transcript of this item is available)

The Authority, in accordance with Standing Order 2.7, received the following questions from Mr Andrew May, from ‘Defend Peaceful Protest’:

1.  Why were many police at the G20 demonstrations not wearing shoulder ID or deliberately concealing ID when categorical assurances had been made by Silver star commander to MPs that this would not happen?
2. Will there be a wider independent investigation into allegations of systematic use of excessive force by police against individual protestors.
3. Will there be a broader review into policing strategy at protests in general, in additional to the review of policing at the G20 protests?
4. Will the chair of the MPA meet with Defend Peaceful Protest and other groups who were at the G20 protests to ensure that any review of the tactics deployed at the G20 includes the experiences of the protestors themselves?

The Authority’s Chief Executive responded as follows:

‘I would like to thank Mr May for these questions. I will give a brief response on behalf of the Authority but these issues will be explored in much greater depth in the report and member debate on the policing of G20 that follows. I am pleased to see that the group of which Mr May is a member is called ‘Defend Peaceful Protest’ – that is a principle to which both the MPA and the MPS are also committed.

Public trust in policing is essential and the Metropolitan Police have a reputation second to none in how they facilitate peaceful and lawful protest during the dozens of demonstrations during the year. However, where there are concerns, as is the case with the G20 demonstrations, immediate action is required to ensure that the police are held accountable, individually and corporately. This I believe the Commissioner has done in referring individual cases to the Independent Police Complaints Commission and in asking Her Majesty’s Inspectorate of Constabulary to review the policing of public protest, including the tactics used in the policing of the G20 demonstrations.

With regard to Mr May’s four questions: I will ask the Temporary Deputy Commissioner to respond to the issue about identifying numbers on officers’ shoulders, when he introduces his report. The issue of force used against individual protestors is a matter that the Independent Police Complaints Commission is currently investigating and it would be premature to anticipate the outcome of those investigations. And as I mentioned just now, the HMIC review will be assessing the effectiveness and impact of current public order tactics.

Finally, Mr May asks that the MPA’s chair meet with Defend Peaceful Protest and other groups who were at G20. I suggest that, in the first instance, I should explore with the Commissioner and the Chief Inspector of Constabulary what scope there might be to hear directly from Defend Peaceful Protest as part of the review’.

In accordance with standing orders Mr May was afforded the right to reply and asked; ‘If, one month on from the G20 protests, provision has not yet been made to include the concerns of protestors and protest groups within the HMIC review, how can the MPA realistically expect this or the IPCC investigations to restore public trust in protest policing’.

The Chief Executive understood about the need for urgency in investigating this matter, however, she added that the investigations had a considerable amount of evidence to assess and there was a need for both thoroughness and timeliness.

Resolved - That the question from Mr May and the Chief Executive’s response be noted.

103. Policing of the G20 Summit 2009

(Agenda item 6a)

(A transcript of this item is available)

This report was not circulated within the statutory five working days and the Chair agreed to receive the report on the following grounds of urgency: the reason for urgency is to enable public debate on this issue of current importance.

Members received a report from the MPS that outlined details of the policing of the G20 Summit 2009 also known as Operation Glencoe.

The report confirmed that the MPS had been informed of the summit as late as mid December 2008 which allowed the organisation only three months to plan and execute the policing of this event. In addition, during the same period of the Summit the MPS were engaged in the policing of a number of other events. The report provided members with details of the policing operation including; intelligence and potential risks, the strategy, tactics, community engagement and resources for the operation. The report then provided members of details of protestor action and the policing responses.

Members requested that a verbatim record of the discussion be made. A copy of the verbatim discussion is given at Appendix 1 to these minutes

In summary a number of issues and actions arose from the discussion, including:

Issues around tactics

• The need to review whether ‘containment’ was working as a useful method of policing public order.
• If containment is used, to develop a strategy which enabled police officers to exercise greater discretion in terms of making decisions as to whether individuals should be allowed to leave a contained area
• Whether the MPS should seek advice from behavioural specialist on the effects of containment.
• Consider how public order policy and tactics include a responsibility towards vulnerable or disabled members of the community.
• Improve communications with local businesses and small traders on protecting property and any effect on trading.
• For the MPS to investigate and clarify whether individuals were asked to delete photographs from camera or phones.
• The value of early dialogue with leaders or representatives of protesting groups.
• To ensure all officers have visible identification during public order events and to hold those to account if they do not.
• Review CCTV to ensure that any unlawful action by protesters or officers is identified.
• Review the supervisory role on the ground at public order event to ensure this is adequate.
• Clarity about the role of police medics at public order events.
• HMIC draft terms of reference of the policing of the summit to be circulated to members.
• The MPA’s Finance and Resources Committee to receive an update on the ‘Airwave’ communication system
• Arising from the policing of G20, the Authority should review the role and functionality of TSG in public order events.

Resolved - That the report be received

104. Motions received by the Chief Executive (relating to G20 demonstrations)

(Agenda item 6b)

(A transcript of this item is available)

The Chief Executive confirmed that she had received two motions which related to the G20 demonstrations.

The first motion was proposed by Dee Doocey (seconded by Jenny Jones) and was as follows:

‘This Authority recognises that the job of policing the G20 demonstrations on 1st April was difficult but believes that the strategy and tactics adopted by the Metropolitan Police were fundamentally wrong. This Authority notes that the Commissioner has asked HMIC to review public order policing, and that the IPCC are investigating a number of specific complaints. In order to begin the process of restoring public confidence the HMIC review must take evidence in a public forum from all concerned, including protesters, and closely examine other recent protests to consider the growing concern that police tactics have become more aggressive in recent years. The HMIC review should make recommendations that would form the basis of long-term policies on the policing of protest in recognition of the following principles:

1. Demonstrations and other peaceful forms of protest are a fundamental democratic right, which all public bodies are under a duty to facilitate and protect.

2. Policing of demonstrations must always be proportionate, and must discriminate between the need to facilitate peaceful protest and prevent criminal acts committed by a minority.

3. The police must use aggressive tactics such as ‘kettling’, baton charges, and attacks with dogs only when they are absolutely necessary and proportionate. The seizure of personal property from demonstrators is not acceptable. The use of aggressive or intimidatory tactics against peaceful protesters is provocative, inappropriate, and counter-productive, since it increases the tension and likelihood of violence.

4. Any officers not clearly identifying themselves by wearing an identification number are committing a disciplinary offence.

5. The police must exercise due care and attention when making statements to the media since predictions of violence can be self-fulfilling. The police must never exaggerate the likelihood of violence, nor should they dissemble the facts after a demonstration has occurred.

6. The police must consider Britain’s reputation abroad and not commit acts that set a poor example and thus undermine our country’s efforts to promote human rights.

If these principles are not fully incorporated into the HMIC review and any recommendations that arise from it, then this Authority will re-examine what further steps need to be taken, including the possibility of instigating a further review.’

The second motion was proposed by Joanne McCartney (seconded by John Biggs) and was as follows:

‘This Authority recognises the public interest and concern regarding the policing of the recent G20 demonstrations. We note that:

1. The Commissioner has asked the HMIC to conduct a review of public order policing tactics;

2. The IPCC will be investigating specific complaints regarding police conduct and tactics during the demonstrations;

3. The Home Affairs Select Committee has taken evidence relating to the G20 demonstrations.

This Authority, as the oversight body of the MPS, and with the view to retaining public confidence in public order policing agrees to:

1. Call on the HMIC when conducting their review to take evidence from G20 demonstrators; and to ensure that their final report is available as a public document

2. Set up a panel of members to review MPS public order tactics, taking into account the recommendations of any review or investigation into the G20 demonstrations and any other relevant issues. This panel will also ensure that any appropriate recommendations are fully implemented in a timely manner. This panel will be set up as soon as possible to begin its work’.

Following debate of the motions an amendment to both these motions was proposed by Kit Malthouse and seconded by Clive Lawton as follows:

‘This Authority recognises that the job of policing the G20 demonstrations on 1 April was difficult and the strategy and tactics adopted should be reviewed.

We note that HMIC are undertaking a review at the request of the Commissioner and request that HMIC take evidence from all concerned including protesters.
We therefore refer this matter to the newly established Civil Liberties Panel of the MPA with a specific remit to consider, inter alia, the following:

1. Recommendations made by HMIC in their review.

2. Ensure that the principle of facilitating demonstrations and other peaceful forms of protest are enshrined in the tactics employed by MPS.

3. Ensure that the balance between facilitating peaceful protest and preventing criminal acts by a minority is always proportionate.

4. Consider the circumstances under which the MPS should use more assertive public order tactics, such as containment, baton charges, police dogs and horses and the possible detrimental effects of those tactics.

5. Consider the circumstances under which the personal property of protesters has been seized and whether this is appropriate.

6. Consider the circumstances in which officers are on duty without identification and make recommendations to ensure this does not take place.

7. Consider the media handling of demonstrations where there is an anticipation of violence or disorder.

8. Consider the reputational issues of public order tactics employed in the anticipation or eventuality of violence or disorder.

9. Consider how the MPS should reflect in its public order policy and tactics its responsibilities towards vulnerable or disabled members of the community.

The MPA recognises that many of these issues may be considered in the HMIC review, which is due to report its initial findings at the end of June, and we have no wish to duplicate that work’.

Resolved - That the amendment to the two motions be agreed.

105. MPA strategic framework

(Agenda item 7)

This report was not circulated within the statutory five working days and the Chair agreed to receive the report on the following grounds of urgency: to enable public debate on this issue of current importance.

The Deputy Chairman introduced the report and said that the MPS was an outstanding organisation with officers and staff dedicated to protecting London However, London was a complex city to police and in order for the MPS to be successful the police needed a clear mission. MetForward was the MPA’s statement of that mission and it outlined how the Authority wanted the MPS to develop and improve performance.

He added that the eight work programmes that make up MetForward would drive and contribute to the three key outcomes: to fight crime and reduce criminality; to increase confidence in policing; and to give better value for money. He confirmed that, as mentioned during the debate on motions from members, one work stream ‘Met specialist’ included the establishment of a Civil Liberties Panel that would begin work on a formal scrutiny of civil liberties and MPS’s public order policing.

Confirmation was given that MetForward also fully supported the Commissioner’s 5 Ps.

In receiving the report members noted the need for some minor wording changes in the strategy. It was also recognised that there needed to be correlation with the Mayor’s initiative on policing.

Resolved - That

1. MetForward be approved;
2. Approval be given to the next steps in terms of development of committee work plans, equalities impact assessment and the performance framework; and
3. the Authority agrees to the establishment of a Civil Liberties Panel.

106. Selection process for Deputy Commissoner

(Agenda item 8)

Members received a report on the size and composition of the panel to be convened to formulate the MPA’s recommendations to the Home Office in respect of the appointment of the Deputy Commissioner.

The report proposed that the chairs of the four main committees, plus two independent members and representatives of the four political parties on the Authority form the panel. If following expressional of interest more members wish to take part in the process, it was proposed that representation be determined by informal negotiation to increase the size of the panel to include all those that wished to take part.

Resolved- That the selection process be noted and approval given to the process for finalising the composition of the MPA’s selection panel.

107. Reports from Committees

(Agenda item 9)

The Authority received a report outlining key issues that had been considered at recent Authority Committee meetings. The report covered the following meetings:

• Finance and Resources Committee – 19 March 2009
• Corporate Governance Committee – 23 March 2009
• Strategic and Operational Policing Committee – 2 April 2009

Resolved – That the report be received.

108. MPA calendar of meetings 2009-2010

(Agenda item 10)

A report was considered that proposed the MPA calendar of meetings for its formal meetings for September 2009 to July 2010.

In receiving the report members asked officers to ensure that there were no clashes of meetings with the Domestic Violence Board.

Resolved – That the calendar of meetings as outlined at Appendix 1 to the report be agreed.

109. Action taken under delegated authority

(Agenda item 11)

Members received a report that provided them with details of action taken by the Chief Executive under delegated authority.

Resolved – That the report be received.

110. Any other urgent business

(Agenda item 10)

APA briefing on equalities Bill

Members asked for sight of an Association of Police Authorities’ briefing on the Equalities Bill and suggested that it might be appropriate to arrange a briefing to discuss the Bill further.

The meeting closed at 1.00 p.m.

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