Minutes

Minutes of the meeting of the Metropolitan Police Authority held on 30 June 2005 at 10 Dean Farrar Street, London, SW1H 0NY.

Present

Members

Tony Arbour
Jennette Arnold
Reshard Auladin
Richard Barnes
Cindy Butts
Len Duvall
Nicky Gavron
Toby Harris
Kirsten Hearn
Peter Herbert
Elizabeth Howlett
Jenny Jones
Karim Murji
Bob Neill
Aneeta Prem
Murad Qureshi
John Roberts
Richard Sumray
Graham Tope
Rachel Whittaker

MPA officers

Catherine Crawford (Chief Executive)
Ken Hunt (Treasurer)
Simon Vile (Head of Secretariat)

MPS officers

Sir Ian Blair (Commissioner)
Paul Stephenson (Deputy Commissioner)
Martin Tiplady (Director of Human Resources)
Tarique Ghaffur (Assistant Commissioner)
Steve House (Assistant Commissioner)
All other members of the Management Board attended in relation to item 9 of these minutes.

1. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Dee Doocey, Damian Hockney and Abdal Ullah.

2. Declarations of interest

(Agenda item 2)

Peter Herbert declared a prejudicial interest in relation to the public question on the Old Street property because he is a trustee of the Community Advice Project.

At this point, with the Authority’s agreement, the Chair adjourned the ordinary meeting to deal with the Annual Meeting business.

3. Elections and appointments

(Agenda item 1 – Annual Meeting)

The Chief Executive invited nominations for the position of Chair of the Authority. It was proposed, duly seconded and

Resolved – That Len Duvall be appointed Chair of the Authority for the year.

Len Duvall took the Chair and invited nominations for the positions of Deputy Chairs of the Authority. It was proposed, duly seconded and

Resolved – That Reshard Auladin and Cindy Butts be appointed Deputy Chairs of the Authority for the year.

The Authority then considered appointments to committees and it was

Resolved

That the current committee structure and membership, including the positions of chairs and deputy chairs, be retained until the conclusion of the current review of the way in which the Authority conducts its business as shown in the appendix to these minutes;
that Damian Hockney be invited to fill the vacancy on the Standards Committee and Dee Doocey be appointed to the Planning, Performance and Review Committee; and
that consideration be given to including a sanction in Standing Orders for regular non-attendance at committee meetings.

In relation to the remaining appointments it was

Resolved

That appointments be made to outside and other bodies as shown in the appendix to these minutes;
that the current MPA borough link members positions be confirmed as shown in the appendix to these minutes; and
that the record of member attendances in 2004/05 be noted.

4. Scheme of Members’ Expenses

(Agenda item 2 – Annual Meeting)

The Authority considered a report by the Chief Executive and it was

Resolved – That the Scheme of Members’ Expenses be confirmed subject to the amendments proposed in paragraph 2 of the report.

This concluded the Annual Meeting business and the Authority resumed the Ordinary Meeting at 10.20 a.m.

5. Minutes

(Agenda item 3)

In relation to item 147 (Home Office Immigration Detainees at MPS Detention Facilities) Cindy Butts commented that the minute did not capture all the issues discussed at the meeting, and in particular the need for training for custody sergeants and the MPS’s uncertainty that resources could be found to fund this training.

Resolved - That the minutes of the Authority meeting on 26 May 2005 be confirmed and signed as a correct record subject to an amendment to reflect the above comments.

6. Public questions

(Agenda item 4)

The Authority received a question in relation to the disposal of Old Street Magistrates Court and Police Station from Adiaha Antigha, the Director of Hackney Council for Voluntary Service and from Ngoma Bishop, the Chair of BEM Arts Network, as follows:

“1. In the light of the duty on the MPA under the guidance as regards the disposal of historical buildings and the need for the MPA to have regard to community cohesion and crime reduction what value has been placed by the MPA on the cost benefits of the various community projects set out in the Community Advice Project’s business plan?

2. In the light of the duty upon the MPA to consult with local communities why was there no consultation carried out with local people in Hackney?

3. In the light of the under-representation and lack of community resources in Hackney and surrounding boroughs why has no consideration been given to request the permission of the Secretary of State for the Home Department to dispose of the whole site for community use as is permissible under the 2003 legislation?

4. Why, in the light of the high levels of unemployment, crime and fear of crime particularly amongst young people in the London Borough of Hackney, with a disproportionate number within the Criminal Justice System and in jail (22%), there has been no impact assessment carried out under the Race Relations Amendment Act 2000? This is of particular concern given the MPA’s duty to eliminate discrimination and to promote equality of opportunity.”

The Chief Executive responded as follows. This response had been circulated in advance to members and the questioners.

“I will preface my answers to the specific questions by referring to the relevant duties of the Police Authority, for the benefit of the organisations asking these questions.

The Authority’s principal core duty is to secure efficient and effective policing for London. It must carry out its functions, including making decisions about the use and disposal of assets, consistently with that duty, in accordance with the law and so as to satisfy its fiduciary duty to local taxpayers. The MPA is aware of the concerns of inner city communities and of the consequences of deprivation as far as crime is concerned, and determined to play its part in enabling communities to build safer neighbourhoods. Constitutionally the Authority has many of the powers and duties of a local authority, but it is not a local authority and it does not have the specific power to promote the economic or social well being of the community that local authorities have under the Local Government Act 2000.

In relation to the sale of property, the law requires that the Authority secures the best consideration reasonably obtainable for its property, as a general rule. The Authority has a discretion to sell property at an undervalue, with the consent of the Government. The Government have issued a general consent to all relevant bodies to sell at an undervalue of up to £2m where there is full justification for doing so.

The Members of the Authority must act at all times in compliance with their individual and corporate public legal duties. A sale at an undervalue in order to facilitate a particular project is equivalent to a donation by the Authority out of taxpayers’ funds. The Authority cannot make such decisions lightly. A decision to sell at an undervalue would require the same thorough and convincing business case and comprehensive justification as would a bid for a grant from the Authority for the same amount. The Authority would have to be satisfied that such a donation complies with all of the Authority’s governing legislation, that it will complement and support the Authority’s core functions as the police authority for Greater London as a whole, and that it will represent prudent use of taxpayers money in the context of the overall needs of the policing service in London.

Turning to the specific questions:

1. In the light of the duty on the MPA under the guidance as regards the disposal of historical buildings…….. what value has been placed by the MPA on the cost benefits of the various community projects set out in CAP’s business plan?

There are no statutory or governmental restrictions on the disposal of listed buildings by the Authority. I cannot comment on CAP’s business plan. The closing date for offers for this property has not yet passed. I will not speculate with any specific detail on offers that may be received. As a matter of principle however the Authority is ready to consider offers from community based organisations such as CAP, especially where the proposed use will complement the Authority’s core functions as a police authority. This was made clear in the marketing documents.

2. In the light of the duty upon the MPA to consult with local communities why was there no consultation carried out with local people in Hackney.

The Authority has no duty to consult local communities in relation to the disposal of property. The Authority, through its consultants and agents, has had contact with Hackney Borough Council as the local planning authority. The weight that Hackney Council attaches to community use of this building is fully reflected in the sale documentation so that all bidders will be aware of it.

3. In the light of the under-representation and lack of community resources in Hackney…….. why has no consideration been given to request the permission of the Secretary of State to dispose of the whole site for community use as is permissible under the 2003 legislation.

I assume this question refers to the consent to dispose of property at less than the best consideration, that I mentioned earlier. The Government Circular issued in July 2003 says

“It is Government policy that local authorities and other public bodies should dispose of surplus land wherever possible. Generally it is expected that land should be sold for the best consideration reasonably obtainable. However, it is recognised that there may be circumstances where an authority considers it appropriate to dispose of land at an undervalue. Authorities should clearly not divest themselves of valuable public assets unless they are satisfied that the circumstances warrant such action. … When disposing of land at an undervalue, authorities must remain aware of the need to fulfil their fiduciary duty in a way which is accountable to local people.”

As I have already indicated, the Authority will take full account of that circular when considering offers received for this property.

4. Why …. has there been no impact assessment carried out under the Race Relations Amendment Act 2000?

In its decisions about the future of this property to date, the Authority has considered advice as to its general duties to eliminate discrimination and promote equality under the RR(A) Act 2000. Further advice and assessment will be given to the Authority when it comes to make a decision about the disposal of the site, and, as is always the case, the Authority’s Head of Race and Diversity will contribute to that advice.”

Jake Ferguson of HCVC and Ngoma Bishop of BEMA attended the meeting and in responding to this answer pointed to the value of the Community Advice Project proposals to the regeneration of Hackney and to young people and voluntary organisations in particular.

7. Minutes of committees

(Agenda item 5)

The Authority received the minutes of the following Committees:

Equal Opportunities and Diversity Board, 19 May
Planning, Performance & Review, 12 May
Human Resources Committee, 19 May

Resolved – That the minutes of committees be noted.

8. Chair’s, Members’ and Clerk’s updates (oral report)

(Agenda item 6)

Members gave an update on their activities since the last meeting of the Authority. In doing so reference was made to the low attendance at equality impact assessment training courses held for members. At the suggestion of Toby Harris it was

Resolved – That the feasibility be explored of including in Standing Orders the requirement for members to have attended equalities impact assessment training before they could become a member of an MPA committee or serve as a representative on an outside body.

9. Commissioner’s update

(Agenda item 7)

The Commissioner tabled a report on performance from April to May 2005 compared to the same period the previous year. All the rises in crime were less than the previous month and the aim remained to reach all performance targets this year. There were several reasons for increases in the various types of crime. Alcohol related violence accounted for a significant proportion of the overall increase in violence, along with increased police activity. Whilst burglary and robbery had increased, these increases should be seen in the context of continuing efforts to comply with National Crime Recording Standards.

Peter Herbert asked if the performance report could in future include information on hate crimes.

In reporting on good news, the Commissioner referred to the bravery of Special Constable Paul Sampson of Newham, who on seeing three men robbing a petrol station rammed their car and arrested the driver. The Commissioner also referred to Operation Middle Market in which officers seized cocaine with a street value of £1.6 million in North London.

Assistant Commissioner Steve House updated members on the policing operation for the G8 summit and a number of public events in London – Live 8, the Pride rally and the Notting Hill Carnival. In reply to members’ questions, although Live 8 and Pride were taking place on the same day AC House did not expect either to be troublesome and he was confident that the co-ordinated command structure could deal with any conflicting policing demands.

The Commissioner made a statement to the Authority in relation to the recent employment tribunal finding about the treatment of three white officers who had claimed racial discrimination in the way complaints against them had been investigated and resolved. He emphasised the real issue was not about this individual employment tribunal case but about policing London.

He informed members that, contrary to some media reports, he had never said the officers concerned should be 'hung out to dry' and in fact that was the opposite of what he said. He was also concerned that the employment tribunal had questioned the veracity of the female complainant despite the fact that she was not a witness at the hearing.

He considered that the tribunal had fundamentally misunderstood the importance of leadership within the MPS and the duty to set the moral tone. He described the remarks that were at the centre of the case as gratuitous and Islamaphobic and pointed out that they had never been denied.

He expressed sympathy for the officers involved as they had been deeply hurt by a process that was antiquated and 'entirely broken’, as had other officers who had been involved in long running disciplinary related processes.

Diversity was not only a moral value but also an operational necessity for the MPS and the Service could not deliver effective policing such as tackling gun crime and other violent and serious offences without it.

Deputy Commissioner Paul Stephenson spoke on behalf of the MPS's Management Board, all of whom were present at the meeting, making it clear that all members of the board wanted to be associated with the Commissioner's position in relation to the case and the direction in which he is leading the MPS.

The Chair said that he would not comment on the employment tribunal issues but it was important to rebut the allegations of political correctness. There is huge diversity amongst London’s communities and the MPA must endorse the Management Board’s determination to be intolerant about inappropriate and discriminatory behaviour. This was not a personality issue and the MPS Management Board led by the Commissioner had the Authority’s full confidence in tackling these issues. Other members of the Authority endorsed these comments.

The Commissioner then referred to the sensationalised media coverage of the leaked Community Partnership Report on child abuse in African and Asian communities. Assistant Commissioner Tarique Ghaffur explained the genesis of this report and the damage to community confidence caused by reporting of small, selective parts of a report that had not yet been fully consulted on by those who produced it.

In an extensive discussion of the issues, members recognised that the overriding priority is to protect children. It was clear from the death of Victoria Climbié that not enough has been done to engage with the various London communities on this issue. The danger was that churches and whole communities had been stigmatised for small pockets of child abuse. A multi-agency approach and close working with the Independent Advisory Group is needed to address the issues. Engagement with community groups is absolutely integral to this as is the support of the press, not damaging and sensationalised headlines.

Whilst the MPS was applauded for having the courage to look at such culturally complex issues there was a need for greater awareness of sensitivities involved and greater clarity about how reports were commissioned and who owned them – an issues that had not been clear in this case. In responding, the Commissioner said that the MPS Management Board had had a robust discussion about the commissioning process for such reports and had agreed that none would be commissioned without the permission of a Management Board member.

The Chair said that the issues would be considered further as to how best to move forward.

Jenny Jones commented that the police were moving some train spotters on from around train stations under Section 44. The Commissioner said that if that were the case these would almost certainly be British Transport Police but that he would have this looked into, although there was a clear imperative to protect the transport infrastructure.

10. MPA Community Engagement Strategy

(Agenda item 8)

The Authority considered a report by the Chief Executive proposing the adoption of a community engagement strategy for the MPA.

Members considered that this was a useful framework, but that more needed to be done to develop a strategy that articulated, for instance, the relationship between the MPA and MPS in terms of community engagement. There were concerns about whether the Community Engagement Committee was the appropriate forum for taking this work forward – this was something that could be addressed as part of the Authority’s review of its committee structure.

Resolved

That further work be done on developing the community engagement strategy for report back to the Authority in due course.

11. MPA / MPS Annual Report

(Agenda item 9)

The Chief Executive reported for the first time the MPA and the MPA had integrated their annual reports into one. There was a statutory duty to publish the annual report by 30 June and it would be appearing on the MPS and MPA websites that day. A printed version would be available the following week.

Resolved - That the report be noted.

12. Report of the Standards Committee

(Agenda item 10)

The Authority considered a report by the Chief Executive on the work of the Standards Committee.

Resolved

That the report be noted; and
That, subject to the approval of the Standards Board for England, approval be given to the amendment of the Code of Conduct set out in paragraph 3 of the report.

The meeting ended at 12.47 p.m.

Appendix 1

Appointments made at Annual Meeting 30 June 2005

Chair of the Authority:: Len Duvall
Deputy Chairs of Authority:: Cindy Butts; Reshard Auladin

Co-ordination and Policing Committee

(Chair/Deputy Chairs of Authority, Chairs of Committee plus 4)

Len Duvall (Chair) (as Chair of Authority)
Cindy Butts (Deputy Chair) (as Dep Chair of Authority)
Reshard Auladin (Deputy Chair) (as Dep Chair of Authority &as Chair of PSC)
Jennette Arnold (as Chair of Corporate Governance)
Kirsten Hearn (as Chair of EODB)
Richard Sumray (as Chair of PPR)
Graham Tope (as Chair of Finance)
Abdal Ullah (as Chair of Community Engagement)
Rachel Whittaker (as Chair of HR)
Plus 4: Richard Barnes; Toby Harris; Elizabeth Howlett; Karim Murji

Community Engagement Committee

Abdal Ullah (Chair)
Aneeta Prem (Deputy Chair)
Nicky Gavron
Kirsten Hearn
Peter Herbert
Damian Hockney
Jenny Jones
John Roberts

Corporate Governance Committee

Jennette Arnold (Chair)
Rachel Whittaker (Deputy Chair)
Toby Harris
Elizabeth Howlett

Equal Opportunities and Diversity Board

Kirsten Hearn (Chair)
John Roberts (Deputy Chair)
Cindy Butts
Damian Hockney
Peter Herbert
Aneeta Prem

Finance Committee

Graham Tope (Chair)
Richard Sumray (Deputy Chair)
Reshard Auladin
Richard Barnes
Elizabeth Howlett
Bob Neill
Rachel Whittaker
Murad Qureshi

Human Resources Committee

Rachel Whittaker (Chair)
Jennette Arnold (Deputy Chair)
Tony Arbour
Peter Herbert
Kirsten Hearn
Damian Hockney
Aneeta Prem
John Roberts

Police Pensions Forfeiture Sub-Committee

(*Membership is that of the Human Resources Committee, including Cindy Butts – agreed 22 July 2004)

Rachel Whittaker (Chair)
Jennette Arnold (Deputy Chair)
Tony Arbour
Cindy Butts (22 July 2004)
Damian Hockney (FA 29/7)
Aneeta Prem
John Roberts

*Sub-Committee will comprise at least three members of the HR Committee - Chief Executive has delegated authority to convene a meeting, subject to at least 3 members being available.

Remuneration Sub-Committee

Rachel Whittaker (Chair)
Jennette Arnold (Deputy Chair)
Len Duvall
Reshard Auladin
Anthony Arbour

Business Interest Appeal Panel

Membership of Human Resources Committee

Planning, Performance and Review Committee

Richard Sumray (Chair)
Cindy Butts (Deputy Chair)
Reshard Auladin
Richard Barnes
Dee Doocey
Karim Murji
Rachel Whittaker

Professional Standards and Complaints Committee

Reshard Auladin (Chair)
Karim Murji (Deputy Chair)
Tony Arbour
Damian Hockney
Elizabeth Howlett
Richard Sumray
Jenny Jones (FA October 2004)

Senior Officers Conduct Sub-Committee

(as approved at the PSC Committee meeting on: October 2004)

(*Membership is that of the Professional Standards and Complaints Committee – excluding Jenny Jones)

Reshard Auladin (Chair**)
Elizabeth Howlett (Deputy Chair**)
Tony Arbour
Damian Hockney
Karim Murji
Richard Sumray

*Chief Executive has delegated authority to convene a meeting of the Sub-Committee initially from PSC Committee or failing that from the Authority as a whole.

**Chair/Deputy Chair positions appointed October 2004

Standards Committee

Chair/Deputy Chair to be determined by the Committee itself

2 independent members: Stephanie Caplan and Ian Whitburn: plus

Murad Qureshi
Bob Neill
Aneeta Prem
Damian Hockney (subject to his agreement)

Outside body appointments

Appointed annual meeting 30 June 2005 (Number of places are indicated in brackets)

Association of Police Authorities

APA Plenary: (6) 7 members nominated to attend: Len Duvall, Jennette Arnold, Richard Barnes, Toby Harris, John Roberts Richard Sumray and Rachel Whittaker

APA Policy Groups

Diversity (2): John Roberts and Kirsten Hearn
Community Engagement (2): Abdal Ullah and John Roberts
HR and personnel (1): Rachel Whittaker
Operational Finance and IT issues (2): Reshard Auladin
Performance management (2): Richard Sumray and Reshard Auladin
IM Liaison Network and Members group (1): Karim Murji
Training Liaison Network (1): Aneeta Prem
Criminal Justice System Task Group (2): Richard Sumray and Reshard Auladin
Health and Safety Liaison Member Network (1): Jennette Arnold
Bureaucracy member network: Richard Sumray
Finance Lobbying group: Richard Sumray or Graham Tope

Association of London Government

Leaders’ Committee (1): Len Duvall
Crime and Public Protection Forum (Formerly Community Safety & Policing Panel) (2): Abdal Ullah and John Roberts

Local Government Association

General Assembly (4): Len Duvall, Anthony Arbour, Graham Tope and Elizabeth Howlett
Police Authorities in Corporate Membership Group (3): Len Duvall, Nicky Gavron and Bob Neill

Policy Review Groups:

Social Inclusion (3): Watching brief
LGA Urban Commission (1): Bob Neill
London Health Commission (1): Richard Sumray

Others

Airwave Programme Board (1): Catherine Crawford
London Crime Reduction Delivery Board (2): Richard Barnes, Graham Tope, and Cindy Butts agreed at FA 30/09/04
Police Advisory Board (1): Jennette Arnold
Crimestoppers (1): Richard Barnes
Police Negotiating Board (1): Rachel Whittaker
Safer London Foundation: Toby Harris and Peter Herbert (substitute)
Race Hate Crime Forum: Peter Herbert, Aneeta Prem and John Roberts
Home Office Lawrence Steering Group: John Roberts
London Criminal Justice Board: Richard Sumray and Reshard Auladin (substitute)
ACPO Group on Gender: Cindy Butts

Geographical link members appointments

Boroughs	Link Member
Barking & Dagenham	Len Duvall
Barnet	Peter Herbert
Bexley	Bob Neill
Brent	Murad Qureshi
Bromley	Bob Neill
Camden	Richard Sumray
Croydon	Graham Tope
Ealing	Richard Barnes
Enfield	Reshard Auladin
Greenwich	Len Duvall
Hackney	Jennette Arnold
Hammersmith & Fulham	Cindy Butts
Haringey	Kirsten Hearn
Harrow	Karim Murji
Havering	Aneeta Prem
Hillingdon	Richard Barnes
Hounslow	Tony Arbour
Islington	Jennette Arnold
Kensington & Chelsea	Damian Hockney
Kingston upon Thames	Tony Arbour
Lambeth	John Roberts
Lewisham	Len Duvall
Merton	Elizabeth Howlett
Newham	Abdal Ullah
Redbridge	Aneeta Prem
Richmond upon Thames	Tony Arbour
Southwark	Jenny Jones
Sutton	Graham Tope
Tower Hamlets	Abdal Ullah
Waltham Forest	Jennette Arnold
Wandsworth	Elizabeth Howlett
Westminster	Rachel Whittaker