Police Regulations and politics
Freedom of information request reference no: 01.FOI.25.045185
I note you seek access to the following information:
According to the Police Regulations, what restrictions are placed on officers in regard to politics.
What was the original scope of Schedule 1 of the Police Regulations. Was the impartiality duty restricted to UK party politics or not. Are officers restricted from participating in ANY type of political activity. Or are officers restricted from playing any ACTIVE role in politics. (For example, are officers allowed to be members of political parties and to vote.)
What is the definition of 'political activity' according to current legislation and guidance. Is the definition of 'political activity' restricted to playing an active role in UK party politics at the national, local and parish level (in line with MOPAC's guidance on political activity). Or does it relate to a broader sense of the word. For example, are officers allowed to protest, to sign petitions and to express their political views.
Does the impartiality duty extend to international politics or any other activity relating to international organisations and/or businesses.
Has there been any material change to Schedule 1 of the Police Regulations since its introduction.
What guidance is provided to MPS officers regarding political activity.
Is there clear guidance provided to officers stating they're not allowed to express political views.
Are police officers allowed to express their views on issues that are not classified as 'political activity'? MOPAC guidance on political activity lists the activities that are restricted at the three levels of political activity - national, local and parish levels. This includes 'speaking in public on a matter of national/local political controversy' or 'expressing such a view in a publication'. Are officers allowed to express their views when not speaking in a public capacity and when not expressing such a view in a publication? (for example when talking to colleagues or friends.)
Decision
I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.
It is pertinent to note that the Freedom of Information Act is concerned with recorded information held by Public Authorities. There is no obligation for Public Authorities to answer questions generally unless the information is held in a recorded form.
Section 84 of the Act states:
"Information is defined in section 84 of the Act as 'information recorded in any form'. The Act therefore only extends to requests for recorded information. It does not require public authorities to answer questions generally; only if they already hold the answers in recorded form. The Act does not extend to requests for information about policies or their implementation, or the merits or demerits of any proposal or action - unless, of course, the answer to any such request is already held in recorded form."
You asked:
What guidance is provided to MPS officers regarding political activity
Are police officers allowed to express their views on issues that are not classified as 'political activity'. MOPAC guidance on political activity lists the activities that are restricted at the three levels of political activity - national, local and parish levels. This includes 'speaking in public on a matter of national/local political controversy' or 'expressing such a view in a publication'. Are officers allowed to express their views when not speaking in a public capacity and when not expressing such a view in a publication. (for example when talking to colleagues or friends.)
The extract below from the MPS Business Interest Policy contains information which addresses your questions. For completeness, I have also included information related to police staff:
Political Activities
Police officers are not permitted to engage in any form of Political Activity (Schedule 1 of The Police Regulations 2003). The only permitted exception is standing for election as a Parish Councillor.
MPS officers and police staff are free to engage in limited political activities subject to the restrictions contained in the MOPaC Employment and Restrictions on Political Activities. Further information about political activities can be found below.
Officers and staff must not engage in the activities of any organisation which is likely to undermine public confidence in the impartiality of the service or the Inclusion, Diversity and Equality Policy. Membership of a proscribed or extremist organisation is strictly prohibited and may constitute a criminal offence. Any relationship with a person known or suspected to be involved in a proscribed or extremist group or organisation must be reported as a Declarable Associations .
MOPaC Employment and Restrictions on Political Activities
The guidance does not preclude a trade union official/representative from acting in their official capacity when either standing for election or canvassing on behalf of those standing for election on any recognised trade union elections.
As all members of police staff are employees of the Mayor's Office for Policing and Crime (MOPaC) under the direction and control of the Commissioner of Police, the following restrictions apply.
Broadly, police staff are free to engage in political activities provided the following rules and restrictions are observed:
- the Official Secrets Acts;
- activities are confined to when not on duty, in uniform or on official premises.
There are three levels of political activity:
National
- public announcement as a candidate or prospective MP or MEP;
- holding an office in a party political organisation which impinges wholly or mainly on party politics at national or European level;
- speaking in public on a matter of national political controversy;
- expressing such a view in a publication; and
- canvassing on behalf of a prospective MP, MEP or political party.
Local
- candidature for, or co-option to, a local authority;
- holding an office in a party political organisation which impinges wholly or mainly on party politics at local level;
- speaking in public on a matter of local political controversy;
- expressing such a view in a publication; and
- canvassing on behalf of a candidate for election to a local authority or local political organisation.
Parish
- local activities at parish level
Police staff are divided into three groups for the purpose of political activities (see Additions Restrictions below)
All industrial staff and pay bands up to and including Band D and equivalent. Free to engage in the activities above.
All pay bands Band C to Band A and equivalents are free to engage, with prior permission from the BCU Commander/Head of Branch, in activities items above except candidature for Parliament or European Assembly, unless they work in:
- a sensitive area such as a senior officer's private office;
- a politically sensitive or national security branch;
- an area from which staff regularly speak on behalf of the Service; and
- a job with significant face-to-face contact with the public so that their political activities could become known.
All staff not covered above are barred from national political activity, but may seek permission to take part in local/parish political activities.
Additional Restrictions
In addition to the restrictions set out above, police staff may be subject to further restrictions on political activities relating to local authorities or Parliament, because MPS police staff are employees of the MOPaC, see section 1(9) of the Police Reform and Social Responsibility Act 2011. MOPaC is deemed to be a local authority for the purposes of the Local Government and Housing Act 1989 ("1989 Act") (as amended) and so the holders within the MOPaC/MPS of politically restricted posts, as defined in section 2(3) of the 1989 Act, are restricted from undertaking certain political activities. The Local Government Officers (Political Restrictions) Regulations 1990 No. 851 (as amended) impose additional implied terms and conditions of employment on the holders of such politically restricted posts which principally relate to:
- candidacy for election to public office;
- acting as an election agent or sub-agent;
- holding office or committee membership within a political party; and
- canvassing on behalf of a political party or as a candidate for election to public office.
The MOPAC is required to maintain lists of those posts which are deemed to be politically restricted. The lists are available for public inspection. Posts which are politically restricted under section 2(3) of the 1989 Act fall into the following categories:
- Posts which are specifically defined as politically restricted posts. There are a limited number of these and post holders are individually notified; and
- Any posts which involve giving advice on a regular basis to the MOPaC, to any committee or sub-committee thereof or to any joint committee on which the MOPaC is represented or any posts which involve speaking on behalf of the MOPaC on a regular basis to journalists or broadcasters.
If a post falling within the above appears on the MOPaC maintained list the individual seeking to hold the relevant post can make an application under Section 3 of the Local Government and Housing Act 1989 (as amended) for the post to be exempted from the list.
Applications for exemption should be made in writing through Line Managers, giving details of name, post within the MPS and the nature of the political activity, to:
Deputy Mayor, Policing & Crime, City Hall, The Queen's Walk, London SE1 2AA
The above should be read subject to the provisions of the Local Government and Housing Act 1989 (as amended) and the Local Government Officers (Political Restrictions) Regulations 1990 (as amended). Police staff concerned (or in doubt) about their positions should seek independent advice.
Any staff should bear in mind that they are public servants employed by the MOPaC and under the control and direction of the Commissioner and owe the MOPaC a duty of fidelity. Whilst free to advocate or criticise the policy of any political party, comment should be expressed with moderation
(particularly in relation to matters for which the Home Secretary, MOPAC or Commissioner are responsible) and personal attacks should be avoided. Staff should also take care to avoid embarrassment to the Commissioner, the MOPAC or the MPS that could result, inadvertently or not, from actions, which bring them to prominent public notice through political controversy.
A member of police staff in the politically free group is not required to resign on adoption as a prospective candidate for Parliamentary or European Parliamentary elections, but they must submit their resignation before they give consent to nomination in accordance with the relevant Parliamentary Election Rules.
Any other member of police staff, including police staff on secondment to outside organisations, must not issue an address to electors or in any other manner publicly announce themselves or allow themselves to be publicly announced as a candidate or prospective candidate for election to Parliament or the European Parliament; and they must resign from the MPS on their formal adoption as a Parliamentary or European Parliamentary candidate or prospective candidate in accordance with the procedures of the political party concerned. A member of police staff not in the politically free group who is a candidate for election must complete their last day of service before their adoption papers are completed.
If permission has been granted for a member of police staff to take part in political activities the permission can be withdrawn if they are transferred to a post where permission cannot be granted or there is any other change to the circumstances.
If a member of police staff resigns to stand in a general election and is not elected, providing they are in the politically free group, they may apply to be reinstated to the MPS but there can be no guarantee in this respect. If the individual is elected they may apply to be reinstated if:
- They cease to be a member after an absence of no more than five years, provided they have at least 10 years’ service before the election and they apply for reinstatement within three months of ceasing to be a member.
There is no objection to a member of police staff volunteering to serve as a presiding officer or poll clerk at a parliamentary or local election, provided this does not impact on their duties. The time off should be taken as annual leave.
Staff who will be undertaking any form of political activity for remuneration, including the receipt of an allowance, must complete a Business Interest application in the first instance because the political activity will also meet the criteria for a Business Interest/Additional Employment. Staff undertaking a political activity on a voluntary or expenses only basis should seek written permission from their line manager before commencing any activity.
Legal Framework Second Employments Police Officers Business Interest Policy.pdf
The following link may also be of use to you:
With regards to the remainder of your request, these questions relate to information produced by the Home Office and not the MPS. Therefore, these questions would be better directed to the Home Office:
Home Office | How to make a freedom of information (FOI) request