Minutes

Minutes of the meeting of the Police Pensions Sub-committee of the Metropolitan Police Authority held on 25 September 2003 at 10 Dean Farrar Street, London SW1H 0NY.

Present

Members

• Anthony Arbour (Chair)
• Nicholas Long
• Rachel Whittaker

MPA Officers

• David Riddle (Deputy Clerk and Solicitor)
• Graham Spencer (Human Resources and Professional Standards)

Part 1

1. Election of chair

(Agenda item 1)

Resolved – That Anthony Arbour be elected to chair the meeting.

2. Apologies for absence

(Agenda item 2)

Apologies were received from Cindy Butts (member) and Judith Chrystie (Legal Adviser).

3. Minutes of the Police Pensions Forfeiture Sub-committee – 6 May 2003

(Agenda item 3)

The Sub Committee considered the minutes of the Sub Committee meeting held on 6 May 2003.

Resolved – That the minutes of the meeting held on 6 May 2003 be confirmed and signed as a correct record.

4. Declarations of interests

(Agenda item 4)

No declarations of interest were received.

5. Exclusion of press and public

(Agenda item 4)

A resolution was put to exclude the press and public from the meeting during items 5, 6 and 7 as it was likely to disclose exempt information as described in paragraph 1, schedule 12a of the Local Government Act 1972 (as amended).

Resolved – That the press and public be excluded from the meeting during discussion of agenda items 6, 7, 8 and 9.

Part 2

Summary of exempt item

6. Exempt minutes of the Police Pensions Forfeiture Sub-committee – 6 May 2003

(Agenda item 6)

The exempt minutes of the meeting held on 6 May 2003 be confirmed and signed as a correct record.

7. Oral update on judicial reviews

(Agenda item 7)

Members received an oral update on the appeals lodged by officers against previous decisions on pension forfeiture dealt with by this Sub Committee. Members were also informed the MPA was also awaiting the result of a Crown Court appeal relating to a police pension forfeiture case made by Cambridgeshire Police Authority, that could possibly affect cases dealt with by the MPA.

8. Police Pension Forfeiture – certificates issued

(Agenda item 8)

The Deputy Clerk advised Members that where an officer requested an oral hearing, the presumption should be in favour of acceding to the request. Members considered the matter and resolved to maintain their previous approach to oral hearings.

The Deputy Clerk provided members with advice concerning Azinas v Cyprus 2002, a judgement of European Court of Human Rights (ECHR) relating to forfeiture of a pension.

Members gave full and careful consideration to the representations and mitigations presented by the officers concerned in each case. They also considered the Home Office guidance on factors that might influence the extent of forfeiture. After discussion of each case it was agreed that an officer should forfeit 50% of his pension permanently; and that two officers should forfeit 55% of their pension permanently.

9. Police Pension Forfeiture – potential applications to the Home Secretary for certificates of forfeiture

(Agenda item 9)

Members considered the reports from the Clerk including representations submitted by and on behalf of the officers. After discussion of each case Members were satisfied that there were grounds for applying for a Certificate. It was agreed that application should be made to the Home Secretary for issue of a certificate for forfeiture in relation to two former officers.

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