Business interests

Report: 13
Date: 19 May 2005
By: Commissioner

Summary

As requested by this committee, this report details the process for managing additional business interests of police officers. Examples are provided of why a business interest may not be compatible with the position of police officer. Reference is also made to arrangements for police staff.

A. Recommendation

That members note the report.

B. Supporting information

Introduction

1. A high-level, formal process exists for dealing with business interests for police officers. Police Regulations (Regulation 10) require that police officers obtain a declaration of compatibility from an Assistant Commissioner in respect of having a personal business interest, or in respect of a business interest of their spouse or relatives living with the officer, to confirm that the business interest does not conflict with their position as a police officer. As at April 2005, 2,303 officers have compatible declarations for business interests. It is not known whether all the officers are actively pursuing their business interest. A breakdown by rank and type of all business interests is at Appendix 1. In calendar year 2004, we received just over 800 business interests.

2. Similar considerations are made for police staff, with the approval decision having been devolved and exercised by line managers.

Definition of a business interest for police officers

3. The definition of a business interest includes:

• It applies to a serving police officer
• It applies to spouses and family members
• It relates to licenses or permits
• It involves an element of gain and/or carrying out a business.

Policy

4. The policy on business interests for police officers was revised in 2002 (Police Notice 33/2002). Police Regulations, whilst clear in structure, gives little guidance in respect of compatibility. We await definitive Home Office guidance to provide more clarity in this area.

5. Under existing policy, examples of business interests that are likely to be found compatible are remote activities such as gardening or work as a musician.

6. Interests likely to be found to be incompatible are those that closely mirror a police activity such that a member of the public might assume that the officer was acting in an official capacity. The example given in the existing policy is that of a vehicle outrider for an escort company. There are others, such as those that involve licensing that may also be incompatible.

Process

7. The process for a police officer requesting a declaration for a business interest is as follows:

• Request submitted through local HR unit to central HR
• Staff Officer to Director HR reviews each request
• *Decision as to compatibility taken by Assistant Commissioner Territorial Policing
  *Legislative change is anticipated to enable such decisions to be taken by Director of Human Resources.

8. The initial assessment of all cases is carried out by the Staff Officer to Director HR, looking at the impact of each interest on the Service and the individual. Assistant Commissioner Territorial Policing now provides the authorisation and is the recognised authority for business interests.

9. Officers can lodge an appeal against an incompatibility decision with the Metropolitan Police Authority. If upheld, a further appeal can be made to the Secretary of State.

10. The complexity and boundaries of business interests have increased steadily over the last year. Declarations of compatibility remain valid without time limit, unless the nature of the business interest changes, when a fresh declaration needs to be sought.

Human Rights implications

11. The majority of business interests do not pose a conflict of interests and will be found compatible with the position of the police officer. As stated in the published Police Notice 33/2002, a restriction on the personal rights of officers to engage in a business interest can only be justified if it is aimed at protecting one of the exceptions set out in Article 8(2) of the Human Rights Act ‘the right to respect for private and family life’. The six justifiable exceptions in Article 8(2) are:

• in the interests of national security;
• public safety;
• the economic well–being of the country;
• the prevention of disorder or crime;
• the protection of health or morals;
• the protection of the rights and freedoms of others.

Code of Conduct

12. In deciding upon compatibility, regard is paid to the Code of Conduct for police officers (Schedule 1 to the Police (Conduct) Regulations 1999). The code continues to apply whilst officers are off duty.

Health and Safety

13. The Commissioner has a duty of care for securing the health, safety and welfare at work of all staff under his command. As a result, some business interests can be deemed incompatible, for example because of excessive hours of work and the provisions of the Working Time Directives.

14. Likewise, an officer who is deemed unfit to undertake operational duties, who wishes to take on a business interest may find this deemed incompatible if it is assessed as likely to impede a return to operational work.

15. Officers also have a personal responsibility to attend for duty in a fit state when required and to be able to work in a safe manner and without detriment to their own health. Accordingly, when submitting a business interest notification officers are required to sign to the effect that s/he is aware of these responsibilities and agree not to engage in the business interest in a manner which interferes with these responsibilities.

Declaration of compatibility

16. This is an area that is often misunderstood, in that the Assistant Commissioner does not give formal ‘permission’ for a business interest, but in simple terms, states whether a business interest is compatible with the officer’s status as a police officer within the Service. Where declared incompatible, the officer needs to decide whether to leave the Service or abandon the business interest. Decisions on compatibility rely on reasonable judgement, with reference to precedent.

17. A new national policy on business interests is under consideration by the Police Advisory Board. This will take account of the Code of Conduct and the Human Rights Act. Under this guidance - currently in draft form - in making decisions on the compatibility of business interests, account is to be taken of

• police regulations which state “A member of a police force shall at all times abstain from any activity which is likely to interfere with the impartial discharge of his (or her) duties or which is likely to give rise to the impression amongst members of the public that it may so interfere”
• whether the business interest could conflict in some other way with the work of a police officer and could lead to a breach of the Code of Conduct.

18. A recent example of incompatibility is an officer who, although declared medically unfit to drive operationally, requested to drive for businesses off duty. This went beyond what could reasonably be expected as day-to-day personal driving. It was deemed incompatible for the reasons of health and safety of that officer as it may impede recuperation to normal duties.

19. Each case is considered on an individual basis. In some cases, where there is concern or doubt, further information is sought, and/or legal advice obtained. Restrictions can be placed in respect of an interest, where although not incompatible per se, conditions would be needed to ensure the well being of the officer. An example is where officers request to do ‘HGV’ driving. In the letter sent to the officer (and OCU) confirming the compatible declaration, instructions make it clear that hours of work are to be limited on health and safety grounds to a certain number per month.

20. In 2004/05, seven applications were found to be incompatible. These were in the areas of security consultancy, firearms consultancy, sports match stewarding and police training provision. A number of these cases were rejected on the basis of the personal position of the individual officers.

Police staff

21. Similar considerations about compatibility are made for police staff seeking approval for a business interest including secondary employment. The Human Rights and health and safety considerations are identical as that for police officers. The essential features are that the additional work should not adversely impact on the ability of the individual to fulfil their responsibilities to their primary job with the MPS and that the nature of the business interest is not inappropriate for a member of the Metropolitan Police Service.

22. Decisions about police staff business interests are made by line managers, with advice as necessary from local HR managers or the central Human Resources policy unit.

C. Race and equality impact

There are no known race and equality implications to this policy. All seven of the rejected cases for police officers in 2004/05 were in respect of white officers and one female officer.

D. Financial implications

There are no financial implications arising from this report.

E. Background papers

• Police Notice 33/2002

F. Contact details

Report author: James Bennett, Staff Officer to Director of Human Resources, MPS

For more information contact:

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

Appendix 1

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