Special Services Agreement with Transport for London contract for the provision of additional services by the Transport Operational Command Unit

Report: 5
Date: 20 June 2003
By: Commissioner and Clerk

Summary

This report sets out a summary of the changes to the Special Services Agreement with Transport for London (TfL) arising from the proposals for a second phase, fully funded by TfL, the development of which was approved by the Co-ordination and Policing Committee at its meeting on 18 November 2002. The additional objective and services referred to will be delivered by over 400 additional personnel on the same terms and conditions as are contained in the Special Services Agreement approved by the MPA in April 2002. This report seeks the approval of the MPA for the Clerk to affix the MPA’s seal to the Agreement. The MPA’s legal adviser, Ian Adamson of Bircham Dyson Bell Solicitors, will be in attendance for the committee meeting to advise members on any legal points on which advice is sought.

A. Recommendations

That

1. The variation of the Special Services Agreement for Phase 2 between the MPA and TfL be approved;
2. the Clerk be authorised to affix the MPA’s seal to the document and to make all other arrangements for its completion, including any minor formatting changes that may be necessary; and
3. the Committee notes that the Agreement will also need to be approved by TfL, and that formal sealing of the Agreement will only take place after such approval has been obtained.

B. Supporting information

Background

1. At the meeting of the Co-ordination and Policing Committee on 18 November 2002, members received a report setting out proposals for the provision of additional services by the Transport Operational Command Unit (OCU), fully funded by Transport for London. Members were asked to agree to the development of Phase 2 of the Transport Policing Initiative as outlined in that report.

2. The operation and management of the Transport OCU, together with the responsibilities of the respective parties is detailed in the Special Services Agreement previously approved by the MPA in April 2002. This Agreement has proved to be resilient, requiring only minor amendments and periodic updates. The proposed Phase 2 is essentially ‘more of the same’ with the exception of a new Objective 4, and the Authority’s legal advisers, Bircham Dyson Bell Solicitors have reviewed and amended the original Agreement to reflect any changes arising there from.

3. Negotiations have been proceeding with TfL. This report presents an overview of the outcome of these negotiations to enable the provision of the proposed additional services that will be provided by the Transport OCU. The MPA’s legal adviser, Ian Adamson, of Bircham Dyson Bell Solicitors has overseen and endorsed the revisions to the Contract.

Special Services Agreement Phase 2 – Key Points

4. Operational Independence

It should be noted that all amendments proposed by the revision to the Special Services Agreement, even where the word “agreed” appears, shall be subject to the operational independence of the Operational Commander.

5. Substantive Amendments to Objectives of the Special Services Agreement

Currently Objective 1 states:

“The public and staff feel safe using bus services, bus stops and the roads on agreed routes and corridors”.

Proposed Objective 1 states:

“To ensure the public and staff feel safe using the Bus Infrastructure on agreed routes and corridors and other agreed priority locations”.

The “Bus Infrastructure” becomes a defined term in the Agreement and means any part of the London Bus Network including (to the extent that they form part of a bus route) buses, bus stopping places, bus stands, bus stations and bus garages. In practice the primary focus of Transport OCU activity will continue to be directed at the agreed routes and corridors. However, the proposed change, supported by the MPS, will enable additional resources, funded by TfL, to target crime ‘hot spots’, identified by joint intelligence, anywhere on the London Bus Network. It is intended that this will be undertaken by the provision of additional, newly created, task force teams providing an increased presence and a 24 hour, 7 day a week capability.

6. Currently Objective 2 states:

“To ensure the efficient movement of buses on agreed routes and corridors”.

Proposed Objective 2 states:

“To ensure the efficient movement of buses on agreed routes and corridors and other agreed priority locations on the London Bus Network”.

The “London Bus Network” becomes a defined term in the Agreement and means those bus services designated by TfL operating within the Metropolitan Police District including the bus routes. As in the case of Objective 1 above, the proposed change is supported by the MPS, and will enable additional resources, funded by TfL, to deal with problems at particular locations off the agreed corridors and which affect the efficient movement of buses.

7. Currently Objective 3 states:

“Enforcement of the law relating to taxis and private hire vehicles.”

Proposed Objective 3 states:

“Enforcement of the law relating to taxis and private hire vehicles (PHV) within the Metropolitan Police District to ensure the safety of the public, focusing on agreed priority locations”.

The revised objective, supported by the MPS, provides a more focused description to that of the original.

8. (New) Proposed Objective 4 states:

“To assist the control and, where possible, the reduction of congestion at agreed priority locations within the Metropolitan Police District”.

Members will note that this objective has a broader remit insofar as it encompasses all vehicles within the Metropolitan Police District and not only buses operating on the London Bus Network. The primary activities within this objective would include maintaining a presence, and undertaking appropriate enforcement activity in respect of offences causing or contributing to congestion, at specific locations. Although this is a new objective, the MPA’s legal representatives, Bircham Dyson Bell have advised that, in relation to Counsel’s Opinion previously given, this service may be legitimately provided under section 25, Police Act 1996 (“Provision of Special Services”).

Resource Implications

9. The provisional figures for the proposed Phase 2, as reported to the Co-ordination and Policing Committee Meeting held on 18 November 2002, totalled 402 MPS personnel. A joint MPS/TfL Implementation Team are currently working on the final configuration and the figure is still likely to approximate to this.

C. Equality and diversity implications

The Transport OCU is currently subject to a MPS thematic review examining the Fair Practice Monitoring Process to ensure the OCU monitors disproportionality for stops, searches, arrests and the requirement to produce vehicle documents.

D. Financial implications

There are no financial costs on the MPA budget. The Special Services Agreement, section 14 provides indemnity for the MPA should TfL subsequently decide they no longer wish to proceed with the Transport OCU.

E. Background papers

• Report to the COP Committee meeting on 18 November 2002

F. Contact details

Report author: Commander Jo Kaye, MPS.

For more information contact:

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

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