To sign and confirm as a correct record the minutes of the meeting held on 22 October 2012.

AGREED  the minutes of the meeting held on 22 October 2012.

The Chair, Councillor Roger Croad, will give a verbal update to the Panel about a recent meeting with the Devon and Cornwall Police and Crime Commissioner, Mr Tony Hogg, including potential ways of working between the Office of the Police and Crime Commissioner and the Police and Crime Panel.

The Chair, Councillor Croad, reported that he had met with the Police and Crime Commissioner, Mr Tony Hogg, on 28 November 2012.  Discussions had centred around the need for the Panel and the Commissioner to work effectively together; the timetable and notification process for the appointment of the Chief Constable; the role of the Panel as a ‘critical friend’ and the desirability of early notification to the Panel of the proposed precept.  The Chair confirmed that the principle of adopting a memorandum of understanding would be revisited at a later stage. 

Presentation by the Police and Crime Commissioner, Mr Tony Hogg.

The Police and Crime Commissioner (PCC), Mr Tony Hogg, gave a presentation about the emerging strategic themes, objectives and priorities for the Police and Crime Plan.

The PCC confirmed that the Plan was still under development and that the consultation period would start in the next few days.  He considered that there should be a closer working relationship between the business community, the health sector and the voluntary sector.

He strongly believed that the role of the PCC would be an effective one, looked forward to representing the police force, to working with the Chief Constable and the community and to consulting closely with the community.  The draft Plan explained the role of the PCC and his priorities and how they would be delivered.  He promised to be open, fair and accountable, to close the gap between the police and the public, to hold surgeries, to take account of local views, to work closely with the peninsula’s community safety partnerships and to ‘put the victim first’.

The presentation included references to how the plan would be developed, emerging objectives, reducing crime and bringing offenders to justice, giving victims and witnesses a stronger voice, listening and responding to the public, strong leadership and measuring success.

Following the presentation, the PCC answered members’ questions:

Members will consider a report about the process for the confirmatory hearing to appoint the Chief Constable of the Devon and Cornwall Police.

Mrs Hopkins introduced the report which included the proposed date (8 February) for the confirmatory hearing.  She advised that the media had already widely reported that Mr Shaun Sawyer was the preferred candidate for the position of Chief Constable.  However, the Panel had not yet been formally notified of this choice though it expected to be notified imminently.  The Host Authority, in liaison with the Chair, had done all it reasonably could to prepare for the confirmatory hearing process. 

Mrs Hopkins advised that the PCC had asked the Host Authority to consider holding a confirmatory hearing earlier than 8 February.  She acknowledged that convening meetings to suit the availability of all Members was challenging, especially at short notice.  She reminded the Panel that the Local Government Association’s advice was that the public should be given ample opportunity to attend the confirmatory hearing and that, in order for the Panel to be able to exercise the power of veto, 2/3rds of the Panel members (14 Members) would need to be present.

Members considered that trying to organise an additional Panel meeting at short notice would be impracticable.  A number of dates were proposed and Members’ availability was canvassed; it was evident that not enough Members would be able to attend on any date earlier than 8 February.  Therefore, there would be no change to the date.

The PCC advised that he would be present at the confirmatory hearing for the Chief Constable.

In response to Members’ questions, the Chair confirmed that:

• the PCC would supply information which would assist in the process of ensuring that the confirmatory hearing did not duplicate the interview process
• the LGA advised that a private meeting should take place at which the questions should be agreed and this was scheduled to take place immediately after the Panel’s formal meeting

A member stated that although the Panel had not received formal notification of the PCC’s preferred candidate, that information had appeared in the media.  The PCC responded that it was regrettable that the information was in the public domain as only a few people knew who the preferred candidate was.

AGREED:

·         the process outlined in this report and in Appendix 2 for the confirmatory hearing of the PCC’s proposed Chief Constable appointment

·         the principles of professional competence and personal independence contained in Appendix 4 of this report, for the evaluation of the candidate

·         that further discussions will be held, in private, following this meeting to formulate questions to be asked at the confirmatory hearing. 

·         that any further refinements to the questions following receipt of any additional information from the PCC is delegated to the Head of Safer Communities, in consultation with the Panel chair, before the confirmatory hearing is held

·         that, subject to having received the PCC’s notification, the confirmation hearing will take place on Friday 8 February 2013

·         if there is any further delay in the PCC notifying the Panel, the confirmation hearing meeting is provisionally scheduled to take place on Friday 22 February 2013

There  ...  view the full minutes text for item 23.

The Panel will consider a report about an interim process for handling non-criminal complaints about the Police and Crime Commissioner.

Mrs Hopkins introduced the report and confirmed that a further, detailed report would be brought before the Panel so they would be able to properly consider the most appropriate method of handling non-criminal complaints.

Members who had received copies of complaints about the PCC were advised to send them to the Community Safety Partnership Manager.

Members commented that there should be a three month time limit for a report about the handling of non- criminal complaints to be received by the Panel.  They questioned whether the PCC could properly investigate a complaint about himself.

The Head of Safer Communities advised that a number of aspects had to be taken into consideration including resources (both financial and staffing) as well as the unknown number of complaints.  He further advised that a complaints procedure delegated to the Office of the PCC (OPCC) would not be dissimilar to local authority complaints procedures, in that the local authority investigated all complaints in the first instance.  The Panel had certain responsibilities conferred on it by legislation which could not be delegated to the OPCC and the future report would take all relevant considerations into account.

AGREED that:

• the handling of non-criminal complaints is delegated, for a three month period, to the OPCC.
• the OPCC will report back to the Panel about the number and nature of complaints and how many were successfully resolved
• officers of the Host Authority will continue to work with the OPCC to draft a process for presentation to a Panel meeting in the near future

The Panel will consider a report about feedback from other Police and Crime Panels and the response from the Home Office concerning the precept-setting timetable.

Mrs Hopkins introduced the report.

Members commented that the Home Office did not necessarily appreciate the conflict between the various sets of legislation.

AGREED that:

• the letter that the Chair of the Devon and Cornwall Police and Crime Panel wrote to the Home Office copying in all other Police and Crime Panels is noted
• the Home Office reply and feedback from other Panels is noted

To receive questions from (and provide answers to) members of the public that are relevant to the Panel’s functions.

Questions should be no longer than 100 words and sent to Democratic Support, Plymouth City Council, Civic Centre, Plymouth PL1 2AA or democraticsupport@plymouth.gov.uk.  Questions must be received at least 5 complete working days before the meeting.

No public questions were submitted.