Civil Liberties Panel

The MPA Civil Liberties Panel was introduced in the MPA's mission statement for London’s police, Met Forward, as a means of securing public confidence in policing tactics in the capital and ensuring the Met maintains public trust.

Met Forward

‘Our duty, as London’s police authority, is to ensure the Met restores and maintains public trust. In order to support this, we will establish a Civil Liberties Panel of Authority members that will begin its work with a formal civil liberties scrutiny of the Met’s public order policing of violent disorder. Once the initial scrutiny is complete, the panel will continue both to monitor the situation and hear specific concerns from the public and human rights organisations.’

The panel convenes to consider issues on a priority basis as agreed by the MPA. It is a standing panel, and meets as the need arises. The panel met for the first time on 9 July 2009. At this meeting Victoria Borwick was elected chair, membership of the panel was confirmed and terms of reference were discussed and agreed. The terms of reference were first ratified at the full Authority meeting on 23 July 2009. All Panel hearings are held in open session except if there are extraordinary and compelling reasons to meet in private.

Civil Liberties Panel meetings

Current area of focus - The National DNA Database (NDNAD) and the use of DNA in policing

The Civil Liberties Panel has chosen to focus its second report on the National DNA Database and the use of DNA within policing. This MPA scrutiny commenced as political, media, public and civil libertarian concern has intensified. In December 2008 the European Court of Human Rights (ECtHR) ruled that the blanket and indiscriminate retention of DNA in England and Wales is in breach of Article 8 of the ECHR, the Right to Privacy. The Labour government responded to the ECtHR ruling via the Crime and Security Bill 2009, now the Crime and Security Act 2010. This act received Royal Assent despite containing contentious provisions which are not supported by opposition parties. The debate continues.

The MPA Civil Liberties Panel has interviewed senior Metropolitan Police officers and representatives of the Association of Chief Police Officers about the National DNA Database and the use of DNA in policing. Over the next few months they will be carrying out a series of visits to the MPS and the National Police Improvement Agency (the Custodians of the National DNA Database) to look at the processes and systems that are in place in relation to DNA and its use within the police service.

The most important part of this scrutiny is however is for the MPA to hear from you, the public about your views and experiences of this issue. To this end we are holding a public meeting which is detailed below.

Open Public Meeting - Thursday 1 July 2010 - ‘Come and have your say’

The use of DNA in policing timetable

• 26 March 2010 - Introduction to DNA issues - Meeting with MPS director of forensics
• 12 May 2010 - The use of DNA - A police perspective
• 16 June 2010 - Visit to MPS Central Clearing House for DNA
• 1 July 2010 - Open meeting to hear from the public
• 13 July 2010 - Visit to National DNA Database Custodian
• 7 October 2010 - Meeting with Civil Liberties and Human Rights groups
• 11 November 2010 - Meeting with police, governance and forensic science services.

Previous Scrutiny - G20/Public Order policing

Due to the public concern over events surrounding the policing of G20, the first priority for the panel was a review of the policing of this event. The Panel held a number of sessions, gathering evidence from a cross section of interested parties. They spoke to senior MPS officers responsible for public order policing and officers on ‘the ground’ at G20 including those from other police forces who supplied support during this event. The Panel also spoke to Her Majesty’s Chief Inspector of Constabulary, the President of ACPO and the Deputy Chair of the IPCC. They attended public order training and held an open session to gather evidence from a broad spectrum of the public which included protestors, the media and civil liberties groups. The Panel reported back to the MPA Full Authority in March 2010.

• Report to Full Authority: Public Order Policing

Public Order / G20 timetable

• 9 July 2009 - Meeting with Her Majesty’s Inspector of Constabulary (HMIC) - Initial terms of reference established
• 17 September 2009 - Meeting with senior officers in overall charge at G20 demonstrations
• 14 October 2009 - Meeting with officers on the ground at G20 demonstrations (including Officers from City of London and Sussex Constabulary)
• 16 October 2009 - Visit to witness MPS public order training
• 5 November 2009 - Open meeting to hear from the Public about public order and G20
• 15 December 2009 - Meeting with IPCC, Meeting with Journalists, and Meeting with HMIC.

Members of the panel

• Victoria Borwick (Chair)
• Valerie Brasse
• Dee Doocey
• Kirsten Hearn
• Jenny Jones
• Clive Lawton
• Joanne McCartney
• Richard Tracey

Terms of reference

The Panel will convene to consider issues on a priority basis as agreed by the MPA. It will be a standing panel, and will meet as the need arises.

Areas of focus will be established with reference to the following criteria:

• Emerging issues and/or heightened media focus threaten public confidence.
• The MPA is concerned about human rights compliance generally or vulnerable groups who may be affected disproportionally.
• Horizon scanning indicates areas of future vulnerability.

General terms of reference for the Civil Liberties Panel

• To develop an ongoing understanding of civil liberties and human rights and the consequences this has for policing in relation to all the areas considered by this panel.
• On a programmed basis to undertake a review of the use of police policy, strategy, tactics and tools to understand the wider impact on civil liberties and human rights.
• Within each area of review, to develop a clear understanding of the full range and use of policies, protocols, tactics and how decisions about proportionality are made. The panel will also, where relevant, consider the areas of training, supervision and oversight and communication (internal and external).
• To scrutinise the MPS’s work to retain public trust and confidence in balancing civil liberties with the need to maintain public safety and public confidence through proportionate policing. This should include scrutinising how the MPS communicates with the MPA, key stakeholders and the public.
• To understand the potential equality and diversity issues arising out of all areas of service delivery being addressed by this panel.
• To engage with the MPS, the public, relevant organisations and civil liberty and human rights organisations to ensure that Members are gaining a comprehensive understanding of relevant areas of focus.
• To evaluate any proposals to change policy, strategy, tactics and tools, and make recommendations to the full authority as relevant.
• To provide regular reports to Full Authority updating them on the progress being made against the panel’s work programme and making recommendations to the Authority and the MPS as required.
• To monitor the implementation of any recommendations arising out of the scrutiny of by this panel and any other relevant reviews, on behalf of the authority and report back to the MPA on a regular basis.

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