Inconsistencies in position of acceptability of undercover relationships

Meeting: 
MQT on 2015-02-23
Session date: 
February 23, 2015
Reference: 
2015/0491
Question By: 
Jenny Jones
Organisation: 
City Hall Greens
Asked Of: 
The Mayor
Category: 

Question

Thank you for your answer to my question 2014/3173. However, the Metropolitan Police Service has not been clear on this issue. Why in court did they spend tens of thousands of pounds of public money arguing that they should be permitted to authorise sexual relations if in truth they would not authorise sexual relations? Why in last year's judgment Paragraph 9 of Mr Justice Bean in Dil and others v CPM did the lead counsel for the Commissioner say "that one should never say never" if the real position of the Metropolitan Police is 'never'?

Answer

Answer for Inconsistencies in position of acceptability of undercover relationships

Answer for Inconsistencies in position of acceptability of undercover relationships

Answered By: 
The Mayor

The court proceedings on which money has been spent were to establish an important legal point concerning disclosure of sensitive information (the " Neither Confirm nor Deny" issue).

The practical operational position of the MPS has been outlined continuously.

To further assist with the response previously provided, the updated RIPA Covert Human intelligence Source Code of Practice published in December 2014 outlines at 2.14. "Any police officer deployed as a 'relevant source' in England and Wales will be required to comply with and uphold the principles and standards of professional behaviour set out in the College of Policing Code of Ethic".

The section of the Code of Ethic that relates to Covert Policing states:-

1.5 To achieve legitimate policing aims, it is sometimes necessary to use covert tactics. This is recognised in law.

1.6 Covert tactics must be appropriately authorised and any deployments must be shown to be proportionate, lawful, accountable, necessary and ethical.

1.7 Officers who authorise or perform covert policing roles must keep in mind at all times the principles and standards set out in the Code of Ethics.