PCD 1563 Modern Slavery - Section 22A Agreement (2023-24)

Executive Summary: 

• In September 2016, the Devon and Cornwall Chief Constable and the NPCC Lead for Modern Slavery successfully bid into the Police Transformation Fund to support the introduction of a number of projects to improve the national policing and law enforcement response to Modern Slavery. Police and Crime Commissioners have agreed to collaborate in relation to the running of the Modern Slavery Police Transformation Programme.  

• To deliver the programme, there has been a national collaboration agreement (pursuant to section 22A of the Police Act 1996) in place, which MOPAC has signed and renewed annually. This paper therefore requests approval to renew collaboration with the Police and Crime Commissioner for Devon and Cornwall, and others, under the updated Agreement (see Appendix 2) to continue running the programme (now the Modern Slavery and Organised Immigration Crime Programme) in England and Wales. 

• This Agreement covers the period between 1st April 2023 to 31st March 2024, so is retrospective. 

The Deputy Mayor for Policing and Crime is recommended to:   

1. Approve continued collaboration with the Police and Crime Commissioner for Devon and Cornwall, and others, under the updated national collaboration agreement (pursuant to s22A of the Police Act 1996), and sign the 2023-2024 agreement (see appendix 2, p88).

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

1. Introduction and background  

1. The Modern Slavery and Organised Immigration Crime Programme is a national project funded by grant from the Home Office to the lead PCC (Devon and Cornwall). It aims to improve the policing response across England and Wales to this area of crime, through improved capacity to investigate crimes and support victims. 

2. The programme is underpinned by a ‘National collaboration Agreement’ which has been signed by the DMPC since its inception in 2017, with signatories from all Chiefs and Policing Bodies across England and Wales since 2021. 

3. The programme has secured further funding for 2023-25 and the current ‘National collaboration Agreement’ to be signed, is for the 2023-24 period 

4. In their cover letter to the agreement (see Appendix 1) the lead PCC (Devon and Cornwall) state that while the agreement ended on 31 March 2024, the actions of the programme will have implications beyond the end date of the 2023-24 funded programme, and for this reason it is important that all Parties sign the agreement. 

5. The programme is measured against a set of deliverables under strategic aims for organised immigration crime, and modern slavery. These include improvements in leadership and governance, operational response, investigation, and intelligence capability; identifying and supporting victims; and developing partnerships with other national police portfolios on violence and exploitation, and with the wider modern slavery/ victim support sector (see Appendix 3).   

6. Issues for consideration  

7. Under the programme agreement the MPS provides a 1FTE Inspector who undertakes the role of MS & OIC Regional Coordinator, and a 1FTE Sergeant who is part of the OIC Support and Development Team (schedule 5 (2)). These officers represent the MPS at a national level, promoting best practice and acting as facilitator of communication between the MPS, other police forces, Border Force, Immigration Enforcement and other agencies.  

2. The programme coordinator at Devon and Cornwall Police has confirmed that there are no anticipated financial costs for MOPAC or the MPS under the programme as it is entirely funded by two grants from the Home Office. There is no predicted overspend and no liabilities are anticipated. Funding principles for the Agreement are set out in schedule 2. 

3. The Agreement for 2023-24 is a continuation of existing arrangements which have been in place since 2017. The agreement has minor changes from the previous agreement: 

• Schedule 1 (2) - a refreshed set of objectives or ‘programme vision’ for the period, agreed with the Home Office, which aim to continue to: improve the use of data and intelligence; engage with partners, victims/ survivors and national strategies; and deliver improved standards, Crown and Courts Act tasking and positive outcomes. 

• Schedule 2 - updated budget (Annex 1), Home Office grant agreement for the period (Annex 2) and apportionment ratios (paragraph 2). 

• Schedule 5 (2) - roles and number of staff for the 2023-24 programme. 

• Clause 10.13 has been amended to specify that the Lead Policing Body will only be reimbursed for activities as defined in the agreement. 

4. The Mayor's Police and Crime Plan 2022-25 details the importance of protecting Londoners from exploitation and harm, including from modern slavery. 

3. Financial Comments  

1. The costs relating to the national collaboration agreement for 2023-25 are funded by Devon and Cornwall as the lead force for this programme. 

2. All costs will be fully reimbursed by the grant. 

4. Legal Comments  

1. 22A of the Police Act 1996, as amended by Section 89 Police Reform and Social Responsibility Act 2011 allows MOPAC, as the local policing body, in connection with the discharge of any of its functions, to enter into a collaboration agreement. 

2. The MOPAC Scheme of Delegation at Clause 4.5 requires the Deputy Mayor for Policing and Crime to approve all collaboration agreements where the Act requires. As this is a policing body collaboration, it is required. 

5. GDPR and Data Privacy  

5.1 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.   

6. Equality Comments 

6.1 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. 

6.2 The national collaboration agreement states that the Modern Slavery and Organised Immigration Crime Programme’s Strategic Assurance Board and Programme Board will monitor the ethical and equality standards within the programme. Any high-risk matters will be escalated to Policing Bodies/Chief Officers 

7. Background/supporting papers 

7.1 Supporting papers are as follows: 

• Appendix 1 - PCC Letter from Devon and Cornwall 29 April 2024 

• Appendix 2 - Section 22A Agreement (2023/24) for signature 

• Appendix 3 – Modern Slavery and Organised Immigration Crime Programme Annual Report (2022/23): Annual Report of the MSOIC Programme 2022-2023 (policingslavery.co.uk)