1. This Management Statement has been drawn up by the Home Office (HO) in consultation with the Daniel Morgan Independent Panel (DMIP). The purpose of the document is to ensure that clear roles and responsibilities are in place which will facilitate the smooth running of the Panel’s work.
2. The Panel has been set up by the Home Secretary to discharge the Terms of Reference set for it. It is in the public interest for the Panel’s work to be conducted at all times in a way that ensures:
- (a) The independence of the Panel Members in determining how to undertake their work in order to meet the Terms of Reference;
- (b) The thorough examination and consideration of all the evidence and issues that the Panel determines to be pertinent to its Terms of Reference in order to ensure that its report is complete and robust;
- (c) The fair treatment of witnesses and all other parties whose interests are affected by the work of the Panel and effective engagement with the family of Daniel Morgan; and
- (d) That the Panel’s work is conducted as economically and expeditiously as possible.
3. None of the provisions in this document shall be read or applied in such a way as to derogate from or compromise these principles.
4. In addition, the HO will do everything that is reasonable to support the Panel financially having due regard to securing value for public money so as to enable the Panel to fulfil its Terms of Reference in an efficient and expeditious manner.
5. The Management Statement sets out the broad framework within which the Panel will operate and includes:
- • The Panel’s Terms of Reference;
- • The conditions under which any public funds are paid to the Panel;
- • How the Panel must account for its expenditure; and
- • Staff management and security issues.
6. The Management Statement conveys no legal powers or responsibilities.
The Panel’s Terms of Reference
8. The DMIP has been set up by the Home Secretary, who informed Parliament [of her decision to set it up] by Written Ministerial Statement on 10 May 2013. Its Terms of Reference are:
- 1. The murder of Daniel Morgan in March 1987 was a personal tragedy for Daniel’s family. In the intervening 26 years, there have been five successive police investigations but no one has been successfully prosecuted or convicted for the murder; and in March 2011 the Metropolitan Police acknowledged “the repeated failure of the MPS to confront the role played by police corruption in protecting those responsible for the murder from being brought to justice.
2. In these circumstances, the Government is committed through the work of the Independent Panel to a full and effective review of corruption as it affected the handling of this case and of the treatment of the family by the police and other parts of the criminal justice system. The Metropolitan Police support this review through the Panel process.
3. The purpose and remit of the Independent Panel is to shine a light on the circumstances of Daniel Morgan’s murder, its background and the handling of the case over the whole period since March 1987. In doing so, the Panel will seek to address the questions arising, including those relating to:
- i. Police involvement in the murder;
- ii. The role played by police corruption in protecting those responsible for the murder from being brought to justice and the failure to confront that corruption;
- iii. The incidence of connections between private investigators, police officers and journalists at the News of the World and other parts of the media and alleged corruption involved in the linkages between them.
- 4. In order to achieve this purpose, the Independent Panel will:
- i. Engage with members of the family and take their views into account at all stages in relation to the methodology of its work and the results of its work;
- ii. Obtain and examine all relevant documentation from all relevant bodies, governmental and non-governmental alike, including but not limited to papers held by:
- a) The Metropolitan Police
- b) The Hampshire Constabulary;
- c) The Crown Prosecution Service and the Attorney General’s Office;
- d) The Police Complaints Authority (as it was then);
- e) The Independent Police Complaints Commission;
- f) Southwark Coroner’s Court; and
- g) The Home Office.
iii. Interview and receive relevant information from individuals who are willing to provide that information;
- iv. Brief members of the family through a final report which would be made available first to the family and then to the public at large;
- v. Explain in the final report what the relevant documentation and information reveal about the nature and extent of police corruption in relation to the handling of the case;
- vi. Make any recommendations which the Panel concludes should be made as a result of its work, including recommendations for any further investigation or inquiry.
- 5. The principles of the Independent Panel’s work will be:
- i. Full, genuine and effective participation of the family at all stages of the Panel’s work including genuine and full consultation and briefing throughout the process and payment of legal costs incurred on behalf of the family to this end;
- ii. “the family first” in terms of the release of the Panel’s findings and its report;
- iii. Exceptional and full disclosure to the Panel of all relevant documentation including that held by all relevant Government Departments and agencies and by the police and other investigative and prosecuting authorities; and
- iv. Maximum possible disclosure of documentation and information by the Panel to the family.
- 6. The Independent Panel will present its final Report to the Home Secretary who will make arrangements for its publication to Parliament.
7. It is envisaged that the Panel will aim to complete its work within 12 months of the documentation being made available. In the meanwhile, it is also envisaged that the Panel will brief the family incrementally, both on the progress of its work and on its emerging findings. The Panel will finalise these and other aspects of its work after 3 months, when it has been able to assess the scope of its work and the desirability and practicalities of incremental disclosure.
Responsibilities and Accountability
9. The Home Secretary – The Home Secretary is accountable to Parliament for the funding and overall support given to the Panel. She may designate another Minister to assist her in the discharge of her duties. The Home Secretary’s responsibilities include:
- • Appointing the Panel Members, to include a Panel Chair;
- • Setting the Terms of Reference;
- • Providing financial and other resources to the Panel;
- • Responding to requests to the HO from the Panel;
- • Reporting to Parliament on the Panel’s work;
- • Responding to requests under the Freedom of Act Information 2000, in accordance with the terms of that Act;
- • Receiving the Panel’s report and laying it before Parliament; and
- • Responding to the Panel’s findings.
10. The Panel Members – The Panel Members are appointed by the Home Secretary. Subject to the principles set out at paragraphs 2 and 3 above, they are responsible and accountable for the proper management of public resources and expenditure on the Panel’s business. This accountability will normally be through the Panel Secretary to the Permanent Secretary as Principal Accounting Officer for the HO. The Panel Members’ duties include:
- • Conducting the work necessary to discharge the Panel’s Terms of Reference;
- • Providing strategic leadership to the staff working for the Panel;
- • Being responsible for the efficient use of resources;
- • Ensuring high standards of probity and impartiality; and
- • Collating and assessing all the evidence and presenting the Panel’s findings and recommendations to the Home Secretary.
In relation to the Panel Chair, being responsible to the Home Secretary for leading the Panel in fulfilling its Terms of Reference and reporting the Panel’s findings.
11. The Permanent Secretary of the Home Office – The Permanent Secretary of the HO, as the Department’s Principal Accounting Officer, is responsible for the standard of financial management in the Department as a whole. In this context, the Principal Accounting Officer is accountable to Parliament for spending by the Panel.
12. In particular, the Principal Accounting Officer of the HO will want to be assured that:
- • The financial and other management controls applied by the HO to the Panel are appropriate and sufficient to safeguard public funds and for ensuring that the Panel’s compliance with those controls is effectively monitored; and
- • The internal controls applied by the Panel conform to the requirements of regularity, propriety and good financial management.
13. Senior Responsible Owner – A Home Office Senior Civil Servant is the Senior Responsible Owner (SRO) and Sponsor of the Panel. The SRO, in consultation with others as necessary, is the primary source of advice to the Home Secretary on the discharge of her responsibilities in respect of the Panel, and the primary point of contact for the Panel in dealing with the HO on matters concerning funding, the Panel’s progress in fulfilling the Terms of Reference, the management of public resources and administration issues. The SRO shall advise the Home Secretary of:
- • The agreed budget/forecast for the Panel;
- • Progress being made by the Panel; and
- • Issues that the Panel would like brought to the attention of the Home Secretary.
14. In support of the Principal Accounting Officer the SRO will:
- • Monitor the Panel’s expenditure and keep abreast of its project plans and progress in fulfilling the Terms of Reference on a continuing basis through regular meetings with the Panel Secretary;
- • Address in a timely manner any significant problems raised by the Panel concerning its finances or other resources; and
- • Inform the Panel of relevant Government policy and procedures relating to financial management in a timely manner; advise as appropriate on the interpretation of that policy; and issue specific guidance to the Panel as necessary.
15. The Panel Secretary – The Panel Secretary shall ensure that the Panel’s affairs are conducted with due probity in line with the requirements of Managing Public Money and any subsidiary rules and or regulations governing expenditure in the HO. Under the direction of the Panel Members, the Secretary has a particular leadership responsibility for:
- • Promoting and advising the Panel on the efficient and effective use of staff and other resources;
- • Ensuring that adequate internal management and financial controls are maintained by the Panel, including effective measures against fraud and theft, and ensuring that any statutory or administrative requirements for the use of public funds are complied with;
- • Ensuring that all public funds made available to the Panel are used for the purpose intended by Parliament, and that such monies, together with the Panel’s assets, equipment and staff, are used economically, efficiently and effectively;
- • Ensuring that the Panel operates within the limits of its remit and any delegated authority agreed with the SRO, and in accordance with any other conditions relating to the use of public funds, and taking corrective or appropriate action as necessary in response to likely overspends or other adverse financial risks;
- • Preparing the Panel’s project plan and forecast expenditure and liaising as appropriate with the SRO;
- • Keeping the SRO informed of the Panel’s progress in achieving its policy objectives and the Terms of Reference and how resources are being used to achieve those objectives;
- • Providing the SRO with monthly forecasts and monitoring information on performance and finance, and notifying it promptly if overspends or underspends are likely or any other significant management or financial problems;
- • Implementing risk management and other relevant financial or management guidance promulgated by the Treasury and/or the Cabinet Office;
- • Ensuring that Government information given to the Inquiry is handled in accordance with HO security regulations; and
- • Ensuring that effective personnel management policies are maintained.
16. The Panel Secretary shall consult with the SRO and other relevant units within the HO, and other sources of financial, procurement or other expertise within central Government as necessary to assist in the efficient, effective and expeditious pursuit of the Panel’s Terms of Reference.
17. The Panel’s staff and those engaged to support them shall act in accordance with their wider responsibility to:
- • Comply at all times with the rules relating to the use of public funds and to conflicts of interest;
- • Have heed to any relevant paragraphs on impartiality and conflicts of interest in their terms and conditions;
- • Ensure that information gained in the course of their public service is not misused for personal gain or for political profit, nor seek to use the opportunity of public service to promote their private interests or those of connected persons or organisations;
- • Comply with Government guidance on the acceptance of gifts and hospitality, and of business appointments;
- • Ensure that Government information given to the Panel is handled in accordance with HO security regulations; and
- • Act in good faith and in the best interests of the Panel.
Planning, Budgeting and Audit
18. The Panel shall produce a project plan and indicative budget. The project plan shall include key targets and milestones for the establishment and running of the Panel’s work and shall be linked to budgeting information so that resources are allocated to achieve specific objectives.
Reporting Financial Performance to the HO
19. The Panel shall operate management information and accounting systems which enable it to review in a timely and effective manner its performance against the budgets and targets set out in its project plan.
20. As noted above, the Panel Secretary is responsible for notifying the SRO if there are any external conditions which could affect the smooth running of the Panel’s work – particularly if this could result in a need to re-examine the budget allocated to the Panel.
21. All the Panel’s procedures and processes should comply with audit requirements. Auditors should be given access to the Panel’s management records, but not to records concerning the evidence obtained by the Panel, the analysis or interpretation of that evidence, the decisions of the Panel, the Panel’s dealings with witnesses and other parties to the Panel’s work or any other records where this would conflict with the overriding principle outlined at paragraph 3 above.
Additional Departmental Access to the Panel
22. In addition to the right of access referred to in paragraph 21 above, the HO shall be given access to all the Panel’s relevant management and personnel records only to the extent that this is necessary to support the Panel Secretary in providing the appropriate level of financial assurance to the HO, and in supporting the duty of care owed to the Panel’s staff.
23. The HO shall not have access to records which relate to the information obtained by the Panel, the analysis or interpretation of that information, the decisions of the Panel, or the Panel’s dealings with witnesses and other parties to the Panel’s work, or any other records where this would conflict with the principles outlined at paragraph 2 above.
Register of Interests
24. The Panel shall maintain a written register of interests and provide a copy of that document, and any changes to it, to the SRO. Panel members, staff and others engaged on the Panel’s business (including contractors or consultants) should declare any interests they have in respect of the nature of the Panel’s work. Similarly, records should be kept of any financial interest by Panel members or staff in any company/consultant engaged in the Panel’s work. A record should also be kept if any Panel member or member of staff knows any of the information providers, representatives or interested parties.
25. The Panel Secretary shall ensure that:
- • Staff are treated fairly on the basis of merit;
- • There is no discrimination or harassment on grounds of gender, marital status, sexual orientation, race, colour, ethnic or national origin, religion, disability, community background or age;
- • Staff receive appropriate training;
- • Procedures are in place to ensure that the performance of its staff at all levels is satisfactorily appraised in order to deliver the Panel’s Terms of Reference;
- • Its staff are encouraged to acquire the appropriate professional, management and other expertise necessary to achieve the Panel’s Terms of Reference;
- • Proper consultation with staff takes place on key issues affecting them;
- • Adequate grievance and disciplinary procedures are in place; and
- • Staffs are aware of whistleblowing procedures.
Signed on behalf of the Home Office
Cecilia French, Head of Historic Police Misconduct Investigations Unit
Signed on behalf of the Panel
Lee Hughes, Secretary to the Panel
29 October 2014