Protocol for handling exceptional cases in the provision of police advice and assistance to international agencies

Report: 6
Date: 1 March 2007
By: Chief Executive and Clerk

Summary

This report sets out a protocol for handling ‘Section 26’ exceptional cases in the provision of police advice and assistance to international agencies, i.e. those that are full cost, sensitive or contentious cases, and notifying the MPA on a regular basis.

A. Recommendations

That the protocol be adopted.

B. Supporting information

1. Section 26 of the Police Act 1996 prescribes the procedure to be followed when police officers are deployed to provide assistance overseas. It places a statutory obligation on a police authority to approve the provision for ‘advice and assistance’ to an international organisation or a body outside the UK that is engaged in policing activities. This approval is then referred to the Home Office who grant the final authority for the granting of a ‘Section 26’ authority. This provides statutory confirmation that police officers and police staff engaged in overseas service, when providing assistance; have their rights and entitlements protected for pay and pension purposes.

2. It does not include deployment outside the UK where personnel are pursuing enquiries on behalf of the Commissioner.

3. At Corporate Governance Committee on 22 September 2006 and at Co-ordination and Policing Committee (CoP) on 5 October 2006 both Committees resolved that:

• The existing MPS process for managing overseas assistance deployment be noted;
• Authority be delegated to the Commissioner via the MPS’s International Crime Coordination Unit (ICCU) to approve Section 26 Police Act applications for onward transmission to the Home Office (option 2 with the exception of cases of full cost, sensitive or contentious cases;
• Co-ordination and Policing Committee to set a level of cost and approve arrangements to settle a protocol for handling exceptional cases;
• twice yearly reports to COP on all MPS overseas assistance deployments under section 26 of the Police Act 1996 be commissioned with monthly data sent to the Chief Executive for monitoring and analysis; and
• all ACPO and senior police staff overseas travel to be subject to these oversight arrangements, with authorisation delegated to the Commissioner or Deputy Commissioner except in exceptional circumstances as set out.

4. Following consultation with ICCU, the attached protocol at Appendix 1 is submitted for approval.

5. For the purposes of this protocol, the term ‘sensitive or contentious’ is simply referred to as sensitive since neither was defined in the earlier reports.

C. Race and equality impact

There are no race and diversity implications associated at this stage. Any proposals will be the subject of an Equality Impact Assessment.

D. Financial implications

There are no financial implications at this stage. Any additional costs will have to be met from existing budgets.

E. Background papers

• Provision of police advice and assistance to international agencies (Corporate Governance Committee on 22 September 2006 and at Co-ordination and Policing Committee (CoP) on 5 October 2006)

F. Contact details

Report author: Alan Johnson, Policy Officer, Human Resources, MPA

For more information contact:

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

Appendix 1

Protocol for handling exceptional cases in the provision of police advice and assistance to international agencies

Purpose and scope of protocol

Section 26 of the Police Act 1996 prescribes the procedure to be followed when police officers are deployed to provide assistance overseas.

It places a statutory obligation on a police authority to approve the provision of ‘advice and assistance’ to an international organisation or a body outside the UK that is engaged in policing activities. This approval is then referred to the Home Office who grant the final authority for the granting of a ‘Section 26’ authority. This provides statutory confirmation that police officers and police staff engaged in overseas service, when providing assistance; have their rights and entitlements protected for pay and pension purposes.

It does not include deployment outside the UK where personnel are pursuing enquiries on behalf of the Commissioner.

Corporate Governance Committee and Co-ordination and Policing Committee (CoP) resolved to set a level of cost and approve arrangements to settle a protocol for handling exceptional cases involving full cost, sensitive or contentious cases; and to commission twice yearly reports to CoP on all MPS overseas assistance deployments under section 26 of the Police Act 1996 with monthly data sent to the Chief Executive for monitoring and analysis
The purpose of this Protocol is:

1. To set out agreed arrangements for handling exceptional cases, i.e. those that are full cost or sensitive cases and notifying the MPA on a regular basis of ‘Section 26’ cases.
2. To set out agreed arrangements for the type and level of information to be provided to the MPA

1. The exceptional cases to which this protocol applies are:

• Full cost cases costing over £4,000 (this will include air flights, accommodation and salary costs of the police officer or member of police staff
• Sensitive cases involving travel to politically sensitive countries* (as determined by Counter Terrorism Command) or that meet one of the criteria set out at paragraph 2.

2. For the purposes of this Protocol, a sensitive case is a case where any one or more of the following criteria are met:

• Police assistance is likely to generate adverse publicity.
• Police assistance is likely to generate significant media interest.
• Police assistance will be provided by a senior police officer of Association of Chief Police Officer (ACPO) rank
• The case has significant policy / operational / legal implications for the MPS, e.g. investigating the death of a non-British citizen.
• It involves any issues of principle and/or financial policy, e.g. it does not fall within the parameters of this protocol.

3. Many cases may fall outside the definition of “sensitive” and do not therefore need to be notified to the Authority. However, it is recognised that individual cases may become “sensitive” at short notice through the sudden interest of the media or other events. Such cases will then be notified to the Chief Executive to the Police Authority or Policy Officer (Human Resources) acting on her behalf.

4. All full cost or sensitive cases as defined at paragraphs 1 and 2 will be submitted on behalf of the Commissioner to the Chief Executive of the MPA for approval. . The Chief Executive may consult the Chair and or Deputy Chairs before giving approval.

5. In the event that the Chief Executive declines to give approval and the Commissioner considers the case requires member level consideration it shall be referred to the next meeting of COP Committee.

6. The MPS will provide monthly reports to the Chief Executive of the MPA containing brief summary information of all current exceptional cases within the scope of this protocol. This report will include

• The name/s of the officer/s, including rank or grading
• A summary of the assistance being provided, including the location and timescales
  • currently Iraq, Afghanistan, Iran, Syria, Algeria, Ivory Coast, Mauritania, Somalia The People's Republic of China (including Tibet and Hong Kong), Cuba, The Socialist Republic of Vietnam, the Former Soviet Union (excluding Latvia, Lithuania and Estonia) or North Korea.

7. The summary information provided within the report of such cases will enable the Authority, exceptionally, to request further briefing information in a specific case, and any request for further briefing will be communicated by the Chief Executive to the MPA or Policy Officer (Human Resources) to the Operation Command Unit (OCU) Commander SCD13 or his nominated representative.

8. The MPS will provide twice-yearly reports to CoP in March and October on all MPS overseas assistance deployments under Section 26.

9. The Chief Executive of the MPA will keep the Chair of the Authority informed of cases and their progress, and will as necessary inform other Members of the Authority.

10. From time to time the OCU Commander SCD13 or his nominated representative may meet with the Chief Executive of the MPA, the Policy Officer (Human Resources) and any other MPA Member with particular interest to review current or particular cases. The Review will include outcomes, any lessons learned in individual cases and how learning will take place corporately or at local level.

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