PCD 1370 NPCC NCA Collaboration Agreement

PCD 1370    NPCC NCA Collaboration Agreement

This paper seeks approval for the National Police Chiefs’ Council (NPCC) to enter into a section 22A Collaboration Agreement with the National Crime Agency (NCA) in respect of the function of the Joint  International Crime Centre (JICC). There are no direct financial implications arising from this proposal.  

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve the NPCC to enter into a Collaboration Agreement with the NCA. The purpose of this agreement is to outline the working relationship between the parties for the lawful and effective running of the JICC.  

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background  

1. MOPAC host the National Police Chiefs’ Council (NPCC). The NPCC established and operates the International Crime Coordination Centre (ICCC).  

2. Issues for consideration 

1. The NPCC International Crime Coordination Centre (ICCC) is being merged with the National Crime Agency’s (NCA) UK International Crime Bureau (UKICB) to create the Joint International Crime Centre (JICC). 

2. A collaboration agreement between the NPCC and NCA is necessary to set out the following: 

• Services that the JICC will provide back to policing 

• JICC operating model 

• Performance Framework  

• Roles and Responsibilities for each party 

• Governance 

• HR arrangements  

• IT / and Information Management 

• Data handling and security 

3. Financial Comments  

1. The costs of the NPCC ICCC is being funded by grant from the NCA until the finalisation of the merger.  When the collaboration agreement comes into force the NCA will be responsible for the funding of the JICC.  The NPCC assure that there is no financial liability to MOPAC.  

4. Legal Comments 

1. Under Schedule 3 Part 1 of the Crime Court Act 2013 the NCA and UK police forces have a duty to co-operate with each other, and for the purpose of discharging these and any other functions the NCA may enter  into co-operation arrangements with UK police forces via the NPCC 

2. Paragraph 4.5.of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to approve a collaboration agreement under s22 Police Act 1996 where the approval of MOPAC is required by that Act. 

5. GDPR and Data Privacy  

1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.   

2. The MPS assure that a DPIA has been completed for this project. The project will ensure a privacy by design approach, which will allow the MPS to find and fix problems at the early stages of any project, ensuring compliance with GDPR. 

3. On/immediately prior to commencement by the JICC of its operational activities, the NPCC will “transfer” to the NCA the entirety of the data it controls relating to the past, ongoing and future operations and functions of the ICCC.  Following this transfer, the NPCC will surrender its access to that data, will not retain access to this data, and will cease to become a data Controller or processor in relation to that data. The NCA will become the data controller 

6. Equality Comments  

1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

2. The NPCC assure that this paper is seeking authorisation to sign an agreement by which an existing function will be transferred to another agency and as such there are considered to be no negative equality or diversity implications arising from this process negating the requirement to present any mitigation under the Equality Act 2010. 

7. Background/supporting papers 

• Appendix 1 NPCC Report - INTERNATIONAL CRIME COORDINATION CENTRE (ICCC) – Collaboration Agreement NPCC - NCA