Employment and Restrictions on Political Activity

Report: 6
Date: 21 June 2007
By: Chief Executive

Summary

The MPS are in the process of revising their policy on the extent to which police staff are able to engage in political activity. This report includes the draft policy and invites comments from the Committee.

A. Recommendation

The Committee is invited to comment on the draft policy attached as Appendix 1.

B. Supporting information

1. MPS police staff are employed by the MPA although they are under the direction and control of the Commissioner. As such, in terms of their ability to engage in political activity, there are two sets of rules that apply:

• The MPS’s own policy
• The provisions of the Local Government and Housing Act 1989 regarding politically restricted posts, as the MPA is a local authority for the purposes of that Act

2. The MPS is in the process of reviewing its policy. This is attached and members are invited to comment on any aspects of it.

3. At present a person who is employed in a politically restricted post can appeal, to the Independent Adjudicator, to have this restriction removed. As referred to in the report elsewhere on the agenda, when the Local Government and Public Involvement in Health Bill becomes law, standards committees will become responsible for considering and determining such appeals.

C. Race and equality impact

The MPS will need to carry out an equalities impact assessment before finalising this policy.

D. Financial implications

There are no financial implications for the Authority.

D. Background papers

None

E. Contact details

Report author: Simon Vile, MPA.

For information contact:

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

Appendix 1

Draft - MPA employment and restrictions on political activities

1. As all members of police staff are employees of the Metropolitan Police Authority (MPA) under the direction and control of the Commissioner of Police, the following restrictions apply:

2. Broadly police staff are free to engage in political activities provided the following are observed:

• the Official Secrets Acts;
• activities are confined to when not on duty, in uniform or on official premises;
• comply with relevant legislation; and
• the following rules are observed.

3. There are three levels of political activity:

National

• public announcement as a candidate or prospective MP or MEP;
• holding an office in a party political organisation which impinges wholly or mainly on party politics at national or European level;
• speaking in public on a matter of national political controversy;
• expressing such a view in a publication; and
• canvassing on behalf of a prospective MP, MEP or political party.

Local

• candidature for, or co-option to, a local authority;
• holding an office in a party political organisation which impinges wholly or mainly on party politics at local level;
• speaking in public on a matter of local political controversy;
• expressing such a view in a publication; and
• canvassing on behalf of a candidate for election to a local authority or local political organisation.

Parish

• local activities at parish level.

4. Police staff are divided into three groups for the purpose of political activities (but see paragraphs 5 – 5.3 below on additional restrictions on membership of local political organisations):

1. Free
   Free to engage in the activities in paragraph 3 above.
   • all industrial staff and all pay bands below Band C and equivalents.
2. Intermediate
   Free to engage, with prior permission from the BOCU/OCU Commander/Head of Branch, in activities described in paragraph 3 above except candidature for Parliament or European Assembly, unless you work in:
   • a sensitive area such as a senior officer’s private office;
   • a politically sensitive or national security branch;
   • an area from which staff regularly speak on behalf of the Service; and
   • a job with significant face-to-face contact with the public so that their political activities could become known.
     • all pay bands below Band A and equivalents.
3. Restricted
   Barred from national political activity, but may seek permission to take part in local/parish political activities.
   • all staff not covered in groups A and B above.

5. Additional restrictions

5.1 In addition to the restrictions set out in paragraphs 3 and 4 above, police staff may be subject to further restrictions on political activities relating to local authorities or Parliament, because MPS police staff are employees of the MPA. The MPA is deemed to be a local authority for the purposes of the Local Government and Housing Act 1989 (as amended) and so the holders of politically restricted posts, as defined in the Act, within the MPA/MPS are restricted from undertaking certain political activities. The Local Government Officers (Political Restrictions) Regulations 1990 (as amended) impose additional implied terms and conditions of employment on the holders of such politically restricted posts which principally relate to:

• candidacy for election to public office;
• acting as an election agent or sub-agent;
• holding office or committee membership within a political party; and
• canvassing on behalf of a political party or as a candidate for election to public office.

The MPA is required to maintain lists of those posts which are deemed to be politically restricted. The lists are available for public inspection.

5.2 In essence, posts which are politically restricted under the rules in paragraph 5.1 fall into the following categories:

1. posts which are specifically defined as politically restricted posts. There are a limited number of these and post holders are individually notified;
2. posts with an annual remuneration above a specified level (spine point 44 of the Local Government Officers salary scales). Currently this is £37,039 (including basic pay, location allowance and other regular allowances, but excluding overtime payments), and part-time posts for which the full-time equivalent falls into this category; and
3. any posts which involve giving advice on a regular basis to the MPA, to any committee or sub-committee thereof or to any joint committee on which the MPA is represented or any posts which involve speaking on behalf of the MPA on a regular basis to journalists or broadcasters.

5.3 Unless a member of police staff comes within category A, if their post appears on the MPA maintained list they may make an application under Section 3 of the Local Government and Housing Act 1989 (as amended) for the post to be exempted from the list

6. Applications for exemption should be made in writing through Line Managers, giving details of name, post within the MPS and the nature of the political activity, to:

Nicholas Toko
Head of Human Resources
Metropolitan Police Authority
10 Dean Farrer Street
London
SW1H 0NY

The above should be read subject to the provisions of the Local Government and Housing Act 1989 (as amended) and the Local Government Officers (Political Restrictions) Regulations 1990 (as amended). Police staff concerned (or in doubt) about their positions should seek independent advice.

7. Any staff who take part in political activities as listed above should bear in mind that they are public servants employed by the MPA and under the control and direction of the Commissioner. They owe the MPA a duty of fidelity. Whilst free to advocate or criticise the policy of any political party, comment should be expressed with moderation (particularly in relation to matters for which the Home Secretary, MPA or Commissioner are responsible) and personal attacks should be avoided. Staff should also take care to avoid embarrassment to ministers, the MPA or the Service that could result, inadvertently or not, from actions, which bring them to prominent public notice through political controversy.

8. If a member of police staff is in the politically free group they must resign from the Service before consenting to their nomination for either Parliament or the European Assembly. If they are in the intermediate or restricted groups they must resign before their formal adoption for either Parliament or the European Assembly.

9. If permission has been granted for a member of police staff to take part in political activities the permission can be withdrawn if they are transferred to a post where permission cannot be granted or there is any other change to the circumstances.

10. If a member of police staff resigns to stand in a general election and they are not elected, providing they are in the politically free group and they apply within one week of the result of the election they will be reinstated to the Service. If they are elected they will be reinstated if:

• they cease to be a member after an absence of no more than five years, provided they have at least 10 years service before the election and they apply for reinstatement within three months of ceasing to be a member.

An application received outside of these criteria, or if they are not within the politically free group, will be considered on its merits.

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