MPS wins legal challenge over Freemasons declaration

The High Court has refused to allow a judicial review, brought by the United Grand Lodge of England and others, of the MPS’s decision.

Commander Simon Messinger, Professionalism, said: “We had been prepared to robustly defend our decision through the courts, so today’s judgment is welcome.

“Our declarable associations policy was changed after feedback highlighted concerns that involvement in these types of organisations could compromise impartiality or create conflicts of loyalty.

“Both victims of crime and those reporting wrongdoing must have trust and confidence there is no risk that investigations are tainted by such issues.

“We have prioritised this over any organisation’s desire to maintain secrecy.”

The MPS updated its declarable associations policy in December to require officers and staff to declare any association – past or present – of organisations that have confidential membership, hierarchical structures and require members to support and protect each other. The Freemasons is named as such an organisation. The policy change does not mean any member of staff cannot join the Freemasons or another similar organisation.

The move followed a consultation of officers and staff which showed 66 per cent of those who responded felt membership of such organisations affects perception of police impartiality and that Freemasonry should be included in the force’s declarable association policy. A total of 64 per cent agreed or strongly agreed that membership of such organisations affects public trust.

There had been calls going back a number of years for the role of Freemasonry in policing to be properly addressed, including as a recommendation by the Daniel Morgan Independent Panel.

“We continued to receive intelligence reports and general expressions of concern from officers and staff worried about the impact, whether real or perceived, membership of such an organisation could be having on investigations, promotions and misconduct,” the MPS said. “The number of such reports was relatively low, but needed to be taken seriously.

“We strongly believed that failing to act would further damage trust not only among the public but also other officers and staff.

The court heard that some 350 MPS officers and staff have so far declared membership of such organisations, the majority of them Freemasons.

Mr Justice Chamberlain turned down permission for a judicial review on all grounds, stating none were reasonably arguable, including claims the disclosure requirement gave rise to discrimination and breaches of the Human Rights Act.

United Grand Lodge of England, the Order of Women Freemasons and the Honourable Fraternity of Ancient Freemasons said they were “disappointed” that they do not have leave to proceed to a judicial review based on the legal arguments concerning discrimination, and an assessment of intelligence that has never been fully disclosed and which, if communicated, could have been amicably resolved without the need for legal action.

“We are considering our further legal options,” they said.

“As a result of this action, we are pleased to have received several assurances from the Metropolitan Police about how data would be gathered and held, with only a small number of select staff having access.”

Speaking on behalf of United Grand Lodge of England, the Order of Women Freemasons and the Honourable Fraternity of Ancient Freemasons, Adrian Marsh said: “We maintain that we have an obligation to protect our members from discrimination, which, in our view, will do nothing to improve on the Metropolitan Police’s delivery on its mandate to keep London safe by reducing crime, building public trust, and upholding high standards.”