Mayor Boris And The Met Payoffs

The latest from my regular contributor.

There was an interesting short exchange at the Public Accounts Select Committee on 3rd July. The subject under discussion was 'Confidentiality Clauses and Special Severance Payments' - primarily NHS executives' compromise agreements - a.k.a. unpopular large payoffs at public expense.

In amongst questioning there was that little something Hackgate-related, between Margaret Hodge (Chair) and Sharon White, (Director General, Public Services, HM Treasury):

Q123 Chair: Can I emphasise that this is not just the Department of Health? Paul Stephenson, the former commissioner who left because of his relationship and links with the News of the World, got over £176,000 after he’d signed an agreement. John Yates also left after the phone hacking scandal; he got £86,000 on top of his £120,000 salary. It is not just NHS oversight. You will have signed those off.

Sharon White: I don’t know the detail of the cases but there is a general point for the Treasury to take back on the basis of this discussion which is whether and how we might have a system that is more- 

Q124 Chair: I tell you what astounds us, which is why you are getting uniform shock around the table: these are high-profile cases we are talking about. These are not cases where it could well be that Paula Diggle or her officials in the Treasury would not have heard of them. Morecambe Bay is high profile. North Staffs is high profile. The Met Police and phone hacking is high profile. Yet somehow they get signed off through the Treasury. 

Sharon White: In the case of the police, this is not part of our approval process. We would not have signed off those individual cases.

So who DID sign Stephenson's and Yates' payments off? What criteria were used to decide and calculate payments over and above their voluntary resignations? What were the terms and conditions of the relevant compromise agreements? What was the quantum of confidentiality clauses/payments? And why?

Somebody needs to ask similar questions about those settlements as were asked about Gordon Taylor, Clive Goodman, Glenn Mulcaire and Andy Coulson.

The Metropolitan Police Service (MET or MPS) Management Board or Human Resources couldn't conceivably made the Stephenson/Yates agreements without referring them to the very top for approval. Presumably then, they were signed off by the Metropolitan Police Authority (MPA), now known as the Mayor's Office for Policing and Crime (MOPAC). Although to be absolutely fair to the MPA - responsible for scrutiny of MET spending - they didn't know when the MET had spent millions on a fleet of secret aircraft (here).  But the buck now stops with Boris Johnson:

The Deputy Mayor will discharge the vast majority of MOPAC’s duties however the Mayor remains responsible for issuing his Police and Crime Plan, and for the appointment and removal of senior Metropolitan police officers." "...the role of Deputy Mayor for Policing and Crime (DMPC) in London is analogous to that of an elected Police and Crime Commissioner (PCC) elsewhere. Although not directly elected, once the Mayor as occupant of MOPAC delegates his authority, the DMPC has all other powers and duties of a PCC.

Prior to Jan 2012, whilst Stephenson and Yates' severance payments were negotiated and approved, the Chair of MPA was Kit Malthouse. It is apparent from Malthouse's evidence to the Leveson Inquiry that he liaised with Boris very closely on appropriate mayoral responses to the News International scandal.

The Telegraph reported:

The London Mayor's deputy for policing, Kit Malthouse, was informed on Sep 10, 2010 that Scotland Yard detectives were looking into new claims made in a New York Times article." Five days later, when asked about phone hacking at Mayor's Question time, Boris Johnson said: "I am almost in continuous conversations with my deputy mayor for policing (Mr Malthouse) about this and other matters. It would be fair to say that he and I have discussed this. The conclusion of our conversation would be obvious from what I have said.... In other words, this is a load of codswallop cooked up by the Labour Party and that we do not intend to get involved with it.

There was apparently at least one accidentally undeclared meeting between Boris and Rupert Murdoch in 2011, and his continuing support for beleaguered News Corp was evidenced by Boris hosting Rupert & Wendi Murdoch's VIP visit to the 2012 Olympics.

It has also been reported that Boris recently accepted an invite to dinner at Murdoch's London home. This drew some criticism as "Johnson also has ultimate, but not operational, responsibility for the Metropolitan Police, the force investigating phone hacking by Murdoch's News of the World and alleged corrupt payments made by Sun journalists.

HOME AFFAIRS SELECT COMMITTEE
Fortunately the Home Affairs Select Committee can, if it chooses, ask Boris more about the huge Stephenson/Yates compromise payments when Boris appears before them next Tuesday afternoon, 9th July:

3.15 pm Wilson Room, Portcullis HouseSir Bernard Hogan-Howe, Metropolitan Police Commissioner
4.15pmBoris Johnson, Mayor of London

Committee Chairman Rt Hon Keith Vaz MP said:

Public confidence in policing in London has been rocked by the devastating revelations that undercover police officers sought to gather information on the Lawrence family in the wake of Stephen Lawrence’s murder. The Committee will ask the Commissioner at what level this decision was taken, and why this information was withheld from the subsequent Macpherson inquiry.
The Committee also welcomes the first opportunity it has had to quiz the Mayor of London since he took office in 2008. It plans to seek his views on how public confidence can be rebuilt...

Keith Vaz sounds as though he is enthusiastic about Boris's first HASC appearance, though it is not known if any questions will be asked about former head of MPA Kit Malthouse - of whom MET Assistant Commissioner Cressida Dick told the Leveson Inquiry (pp37-38 here):

I'm conscious that Sir Paul (Stephenson) made mention in his evidence of the conversations that he was having -- I didn't know he was having, actually -- with our then chair of our authority around the phone hacking investigation, Operation Weeting, in the early part of this year -- sorry, early part of 2011. You'll be aware that I was the management board member for that, and the line manager for Ms Akers. On a couple of occasions, Mr Malthouse, I thought jokingly, said to me: "I hope you're not putting too many resources into this, Cressida", and on the third occasion, when he said it again, I said, "Well, that's my decision and not yours, and that's why I'm operationally independent

That operational independence might come under further scrutiny on Tuesday as AC Cressida Dick too has been called before HASC

Tuesday 9 July 2013, Wilson Room, Portcullis HouseAt 2.45pm Cressida Dick, Assistant Commissioner, Metropolitan Police
Commander Neil Basu, Metropolitan Police

Committee Chairman Rt Hon Keith Vaz MP said: 

It has been several months since the Committee last received an update from the Met on its hacking investigations – Operations Weeting, Elveden and Tuleta have collectively been going for more than six years and cost the taxpayer more than £20 million. We intend to explore progress on these operations and ask when they might reach a conclusion. We will also seek a response from the Met on Rupert Murdoch’s claim that the police have been “incompetent”. Furthermore, we plan to inquire about the Met’s role in investigating hacking by private investigators outside of the newspaper industry, following up on evidence the Committee took from the Serious Organised Crime Agency earlier this week.

The MET Commissioner, Mayor Boris, AC Dick, Weeting, Elveden, Tuleta, the secret Murdoch/Sun recording....

Looks like Tuesday afternoon could be action-packed for Hackgate watchers if HASC only ask the right questions - and get some answers.

Related Articles
Project Riverside And The SOCA Report
All Rise - Justice Saunders At Southwark
The Met - Red Flags And Red Tops
Hackgate - Issues For The Burnton Inquiry Into The Murder Of Daniel Morgan
Hackgate - The IPCC and Surrey's "Collective Amnesia"
Hackgate - Alex Marunchak - Presumed Innocent
Hackgate - Springwatch
Hackgate - Elveden: Murdoch Or King Cnut?

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com

Springwatch

A summary of recent events and what to watch out for from my regular contributor.

1  Kavanagh's replacement?

No, not Trevor.  As discussed here back in January, all Hackgate investigations were quietly migrated back to the home of their troubled and stuttering genesis in Specialist Operations under Assistant Commissioner (AC) Cressida Dick.  After Sue Akers' retirement, responsibility for Operations Weeting, Elveden and Tuleta had passed to Deputy AC Steve Kavangh. Kavanagh promptly applied for the post of Chief Constable of Essex Police and was confirmed in his new post in February.  Meanwhile, no news has emerged of who now has operational command of Operations Weeting, Elveden, Tuleta as DAC Kavanagh's designated replacement.

That leaves AC Cressida Dick holding the Hackgate baby, having to act as spokeswoman in defending those dawn raids and arrests of journalists (see here), at the same time as justifying why Counter Terrorism should remain within her Metropolitan Police (MET) command and not be transferred to the new National Crime Agency.  It would be interesting - and in the public interest - to see some clear up-to-date statement from the MET on the chain of command of the Hackgate investigations. Perhaps Chair of Home Affairs Select Committee Keith Vaz MP might ask?

2  Craig Denholm and the IPCC

Still waiting for any sign of that Independent Police Complaints Commission (IPCC) report following the investigation into aspects of the Milly Dowler phone hacking in 2002.  (for background see here)

Surrey's Deputy Chief Constable Craig Denholm and Det Sup Maria Woodall were referred for IPCC conduct investigation in June 2012.  By November 2012, it was reported (Guardian) that the IPCC report was "almost complete" and due to be submitted to Surrey Police by the beginning of December.  Denholm then applied unsuccessfully for the post of Chief Constable of Devon and Cornwall.  Despite suspicions that the report would be delayed for 18 months or more (here) whilst Denholm would be allowed to retire from Surrey, in January 2013 the IPCC

said it has completed its file on Craig Denholm, the senior police officer who allegedly knew the News of the World had hacked the phone but took no action.  Speaking to the BBC, chief constable Lynne Owens described the police watchdog’s report as “thorough” and said Surrey Police will decide what action to take in the wake of ongoing criminal investigations.
The IPCC has said it is now awaiting chief constable Owens response to the file.

3  Media Plurality

Debates on the Royal Charter and press regulation have taken centre stage, allowing key issues of media ownership to be overshadowed. A News Corporation re-newed bid for BSkyB has even been rumoured.

In the US though, Rupert Murdoch is not yet getting his own way in expecting a waiver to laws designed to prevent market dominance in Los Angeles and elsewhere.  Similar pan-European legislation is also being mooted (here) through a recognised European Citizens' Initiative.  Meanwhile in the UK, ownership concentration is back on the Parliamentary agenda - with a focus on safeguarding plurality particularly in news provision across media platforms.

On March 28th, the House of Lords Select Committee on Communications announced its new inquiry into Media Plurality.  It aims to give its recommendations in Autumn 2013.  Its call for evidence says

Achieving a workable approach to plurality, particularly in provision of news and current affairs, is generally considered fundamental to a well-functioning democratic society, ensuring as far as possible informed citizens and a media without any single set of views or individuals wielding too much influence over the political process. Any consideration of plurality is, of course, heavily tied in with the wider context of the future of news provision more generally, particularly of newspapers....issues surrounding media plurality are once again under the policy spotlight, prompted by concerns raised about the proposed (and then dropped) acquisition of BSkyB by News Corporation; Ofcom’s report on Measuring Media Plurality; Lord Justice Leveson’s report; the report by the European Commission’s High Level Media Group on Media Freedom & Plurality; and the recently-launched European citizens’ initiative for media pluralism.

4  The ICO and Data Protection Act

Published in March, 'The Functions, Powers and Resources of the Information Commissioner' is the latest, and timely, report from the Justice Select Committee.

The phone hacking scandal and the subsequent inquiry by Lord Justice Leveson into the ethics, practice and culture of the press drew attention to the past failings of the ICO during Operation Motorman. It also showed the importance of data protection and the need for a regulator with the ability to take effective action.

The Data Protection Act, with its controversial Section 55 applicable to press intrusion, came back under the Justice Committee scrutiny.  Surprisingly, it appears that a conviction under Section 55 does not currently result in a criminal record.  The ICO

argued that criminal records, which are a matter of both deterrence and of assisting detection, were essential in reflecting the seriousness of the offence. At present the offence of unlawful obtaining etc is not a recordable offence. It is not therefore recorded on the Police National Computer. Fingerprint impressions, DNA samples and descriptive details are not currently taken from those individuals who are prosecuted by the ICO for the section 55 offence 

Unsurprisingly, the Justice Committee wishes to see Section 55 breaches recordable.  As for triggering legislation to include custodial sentences (up to 2 yrs, subject to public interest defence), the Report strongly recommends

Introduction of the option of custodial sentences for section 55 offences would emphasise their seriousness. We call on the Government to adopt our previous recommendation, as well as that of the Home Affairs Committee, the Joint Committee on the Draft Communications Data Bill and the Leveson Inquiry, and commence sections 77 and 78 of the Criminal Justice and Immigration Act 2008 to allow for custodial sentences for breach of section 55 of the Data Protection Act 1998.

5  Operation Elveden conviction

There have so far been four convictions in Operation Elveden for the offence of Misconduct in Public Office.  Yet each individual sentence has been different. April Casburn received 15 months imprisonment. She had pleaded not guilty so did not have her sentence reduced on conviction

The defendant does not have the benefit of the mitigation that would have accompanied a guilty plea.
Without the important complicating factor [ongoing child adoption process]..., the sentence would have been 3 years imprisonment.

On March 27th, three others were sentenced for misconduct offences for which each had pleaded guilty.  Alan Tierney, former Surrey police officer, received 10 months and 6 months (concurrently) for two offences, whilst former prison officer Richard Trunkfield was sentenced to 16 months for a single offence.  Another police officer (un-named for legal reasons) was given a term of 2 years.  He was told

the offence warranted a sentence of three years, but because of his early guilty plea he was reducing the sentence by a third. 

What seem at first sight to be discrepancies in sentences are explained by each individual sentence being increased or decreased for a variety of specific aggravating / mitigating factors.  These can include an early guilty plea or - as in Trunkfield's case - the extreme sensitivity of the identity of the prisoner about whom he leaked information.  There are guidelines, but Judge's discretion is exercised in applying sentence reductions.

Those charged with similar offences may well pause for thought - the only factor common to all four convictions is that emergent 'baseline' of three years.

6  Business as usual?

Midsummer '11 was a tectonic shift for the UK press.  Ably traced by News International seismographer Peter Jukes' book 'The Fall of the House of Murdoch', the 'fourteen days that ended a media dynasty' shook the fourth estate and toppled the News of the World.

On June 20th, Operation Elveden commenced - the new investigation into alleged bribery of police and public officials.  This marked a widening of the scope of alleged Hackgate offences, and was to be supervised by the Independent Police Complaints Commission (IPCC).  On 13th July, the Leveson Inquiry was announced by the Prime Minister.

Yet evidence is now emerging that that seismic 'moment' of summer '11 may not have brought malpractice to a juddering halt.  The recent resurgence of Elveden charges and convictions warrant some analysis, particularly the date ranges of alleged offences. Crown Prosecution Service (CPS) charging decisions have been accompanied by CPS statements (here)

made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists.

• CPS Statement dated 15/05/2012  details News International-related charges for alleged offences up to July 19 2011.
• CPS Statement dated 20/03/2013, News International-related charges alleged offences up to August 2011.
• CPS Statement dated 22/01/2013, News International-related charges alleged offences up to September 2011.
• CPS Statement dated 20/11/2012, News International-related charges alleged offences up January 2012. 

These are in addition to Sue Akers' evidence to the Leveson Inquiry (paras 22-24)

• Trinity Mirror-related alleged offences up to January 2012
• Express Newspapers-related alleged offences up to February 2012

In each instance, the alleged offences took place AFTER the start fo Operation Elveden and the announcement of the Leveson Inquiry.

Hardly evidence of a cryogenic 'chilling effect' -  if proven, some might call this sheer hubris.

7  Farewell to Vos and Fulford

Judges presiding over phone hacking cases elevated to higher office - Mr Justices Vos and Fulford to become lord justices of appeal, and will not handle trials of former News International staff.

Both Vos and Fulford have made their individual marks on Hackgate, laying foundations in key civil and criminal cases for their respective successors.

Most memorable quote from Justice Vos:

They [News International] are to be treated as deliberate destroyers of evidence.

Most memorable quote about Justice Fulford:

At last members of the jury, we have a decent judge! 

8  Sun solidarity 

Sun staff show support as deputy editor appears in court

This is an interesting and thoughtful development, brought about by watching news footage of a fellow reporter's lone walk into court. It accompanies a new site, Call to Arms Now (here).  It is an informal invite to journalists to show dignified support for each other at each court appearance because "we as journalists have been sitting back watching colleagues we know and respect having their lives turned upside down for simply doing their job."  This quiet demonstration of solidarity could certainly be an opportunity to demonstrate their genuine strength of feeling.

But demonstrate that depth of feeling to who, exactly?  The Met for the dawn arrests?  CPS for the charging decisions? Courts? Hacked Off?

Or even perhaps Rupert Murdoch?

It certainly has the potential to demonstrate quiet determination to News Corporation. The Sun journalists should have no illusions about the veneer of loyalty shown them by their employer whilst it suits News Corp, or the speed at which it will disappear if it becomes inconvenient. Given the hostility towards the Management and Standards Committee (MSC), hacks seem in no mood to be hung out to dry should favoured senior executives not stand shoulder-to-shoulder with them in the dock.

If I were Murdoch I would be keeping a watchful eye open for where this new-found journalist solidarity might lead.


Related Articles
Hackgate - Elveden: Murdoch Or King Cnut?
Hackgate - Elveden - Murdoch's Catch 22
Hackgate - "Snakes And Ladders" At The Met
Hackgate - April Casburn's Conviction - Myths And Misconceptions
Hackgate - Varec Revisited - Dissent In The Ranks
Hackgate - Sue Akers' Swansong
Hackgate - "Newsdesk Here, Kelvin Speaking..."

You can contact the author on Twitter @brown_moses or by email at brownmoses@gmail.com