Second report as agreed under the MPA protocol for handling exceptional cases under "Section 26" in the Provision of Police and Assistance to International Agencies

Report: 6
Date: 06 March 2008
By: Assistant Commissioner Specialist Crime on behalf of the Commissioner

Summary

In accordance with the agreed MPA protocol of 1 March 2007, this report gives an account of the exceptional travel cases under ‘Section 26’ for the period 1 October 2007 – 6 March 2008 i.e. those that are full cost to MPS (over £4000) and/or sensitive cases.

A. Recommendations

That Members note the contents of this report.

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 outside the UK. This approval is then referred to the Home Office who grant the final authority under ‘Section 26 Police Act 1996’. This provides statutory confirmation that the relevant Officers will have all their rights & entitlements regarding pay and pension protected.

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

3. The Section 26 authority required from the MPA as the ‘Police Authority’ has been delegated to SCD6 International Crime Coordination Team (ICCT) to approve Section 26 Police Act applications for onward transmission to the Home Office (with the exception of cases of full cost, sensitive cases).

4. At Corporate Governance Committee on 22 September 2006 and at Coordination and Policing (CoP) on 5 October 2006 both committees resolved that:

1. The existing MPS process for managing overseas assistance deployment be noted;
2.  Authority be delegated to the Commissioner via the MPS’s International Crime Coordination Unit to approve Section 26 Police Act applications for onward transmission to the Home Office (with the exception of cases of full cost, sensitive or contentious cases);
3. CoP to set a level of cost and approve arrangements to settle a protocol for handling exceptional cases;
4. Twice yearly reports to CoP on all MPS overseas assistance deployments, under Section 26 Police Act 1996, be commissioned with monthly data.

5. The agreed protocol between MPA / MPS is that the MPS will provide twice yearly reports to CoP on all overseas assistance deployments under Section 26. These will be supplied in March and October.

6. Following the last report the process has been tightened and the MPA are now sighted if the case meets one of the criteria set out at paragraph 2 of Protocol requesting approval before forwarding onto the Home Office for authorisation.

7. This is the second submitted report to CoP on all MPS overseas assistance deployments under Section 26 for period October 2007 – 6 March 2008.

8. Between October 2007 and March 2008 the Home Office has processed 209 Section 26 applications. Out of the 209 applications 166 of these deployments have been fully funded by an external organisation/agency and 43 deployments unfunded.

9. The following table sets out:

1. The total number of sensitive cases that meets one of the criteria set out in paragraph 2 of the protocol

Table 1 – Sensitive cases

**Meets one of the criteria set out at paragraph 2 of Protocol

2. Full Cost cases over £4000. 
   During this period from October 2007 to March 2008 there are no MPS full cost cases to report exceeding £4000. All deployment costs over £4000 were fully funded by an external organization and/or agency and were at nil cost to the MPS overseas travel budget.

C. Race and equality impact

The MPS Overseas Travel Policy and Standard Operating Procedures provides advice and instructions to all MPS personnel travelling abroad on MPS business. Its implementation ensures best use of public resources and promotes the effective use of police time. At the same time, it protects the welfare, professional reputation and integrity of members of the service engaged in duties overseas. This policy does not have any prejudicial effect on any community arising from the proposal, because it is applied equally to every member of the MPS and contractors working for the Service, irrespective of their ethnic or racial group. However all MPS staff are advised to contact Special Branch (SO15) when deployed to politically sensitive countries.

D. Financial implications

There are no financial implications in relation to MPS full cost cases exceeding £4000 during this period. All full cost cases over £4000 were fully funded and were at nil cost to the MPS overseas travel budget.

E. Background papers

• Protocol for handling exceptional cases in the provision of police advice and assistance to international agencies (CoP Committee 1 March 2007)

F. Contact details

Report author(s): International Crime Coordination Team (ICCT) - SCD6 MPS

For more information contact:

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

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