Minutes of the 2nd Quarterly Meeting of the Northern
Constabulary Joint Branch Board held at Police Headquarters, Inverness on 14th
June 2000.
1.
MEMBERS PRESENT
Murdo
Cameron John
Jones-Davies
David
Ross (A/Secretary) Derrick
Cronie
Alistair
McBean James
Simpson (Chairman)
John
Darcy(V/Chairman) George
MacDonald
Nigel
Stafford Alan
Drummond
John
MacDonald John
Finnie (Secretary)
Reay
MacKay Alan
Heath
Fiona MacLeod
2. APOLOGIES
FOR ABSENCE
Murdo Fraser - Scottish
Police College
Thomas Ogilvie - Annual
Leave
Robert Pollock - Duty Commitments
Susan MacKay - Sick
Leave
3. OPENING
OF MEETING
The Chairman opened the meeting by welcoming
everyone present for what was the first meeting at the new Police Headquarters
and was joined by Members in wishing Mrs MacKay a speedy recovery following her
recent hospitalisation.
4. ADOPTION
OF STANDING ORDERS
Proposed by Derrick
Cronie and seconded by George MacDonald.
5. APPROVAL
OF MINUTES OF LAST MEETING
Proposed by David
Ross and seconded by Reay MacKay.
6. MATTERS
ARISING
6.1
Legal
Advice/Assistance
1. Ongoing Legal Cases
There are
currently 17 cases involving a total of 20 Officers.
2. Discipline/Misconduct
A copy of the
report " A Fair Cop", the Thematic Inspection by Her Majesty's
Inspector of Constabulary into the Investigation of Complaints against the
Police in Scotland is available in Federation Office.
The Deputy Chief
Constable is preparing a Force Action Plan on the Report's Recommendations and
the Secretary and Assistant Secretary I
have responded to his request for
comments.
Nationally, the
Federation is reserving comment pending an anticipated announcement by Jim
Wallace, Justice Minister, regarding a review of the investigation of
complaints against Police in Scotland.
RETAIN
6.2 Police Properties/Housing
Following
the last Board meeting the Secretary wrote the Chief Constable
inquiring
about his future intentions for Police Provided Accommodation.
A reply was
received indicating that Mr Robertson was still reviewing the Graham -v-
Northern Joint Police Board Land Tribunal case and would respond further in due
course. A further letter has since been received indicating that Northern Joint
Police Board is to appeal the Land Tribunal's finding.
RETAIN
6.3 Criminal Injuries Compensation
There are currently
14 cases being processed with 4 the subject of legal assistance. It remains
vitally important that all Members' claims for criminal injuries compensation
are directed through the Branch Board office.
RETAIN
6.4 Northern Police Convalescent Home
{NPCH}/ St. George's Fund
The system of
referrals to the NPCH through the Federation office is working well with the
current waiting list approximately 4 weeks. Application Forms are available
from the Federation Office.
Though very high,
not every officer subscribes to the Northern Police Convalescent Home and/ or
St George's Fund and anyone wishing to join need only send a memorandum to the
Payroll Section to that effect.
RETAIN
6.5 Joint Negotiating and Consultative
Committee (JNCC)
A number of issues
were discussed at a meeting of the committee on Monday 22nd May 2000 including;
1.
Protective
Equipment - the Assistant
Secretary requested an update on the procurement of the equipment and the
likely time-scales for its issue. The Deputy Chief Constable advised that a
tender document had been prepared in respect of this equipment and when he had
a firm indication of dates he would publish this information to the Force.
The Assistant
Secretary confirmed that a small Working Group of which he is a member would
address certain practicalities, including the question of mandatory wearing, in
the near future.
2.
Grievance
Procedure - the Assistant
Secretary had voiced his concerns over the handling of a number of recent
grievances and the fact that the time-scales laid down in the procedure were
being routinely ignored. The Chief Constable accepted that there had been a
number of problems with the administration of the system and advised that he
had tasked Peter Lamont, Head of Administration, to review the procedure and,
if necessary, make recommendations.
3.
Staff Survey
- the Vice Chairman had asked
if it was intended to carry out a staff survey this year. The Deputy Chief
Constable advised that it had been agreed that this would be a bi-annual
process and that Inspector Donald Buntain was currently looking at topics on
which to base the survey.
The Board discussed
this issue in some depth, agreed that there was potentially great value
surveys, but only if the results were acted upon, and look forward to
consultation of the content of future surveys.
4.
Risk
Assessments - the Chairman
voiced concern that risk assessments for specific
events, containing local considerations, were still not being carried out on
all occasions. He also highlighted the previously raised issue of lack of
provision for meal breaks in operational orders being prepared for these
events. The Deputy Chief Constable advised that these issues were both being
addressed through the Health and Safety Executive (HSE) Action Plan, with
further guidance and instruction being given to team leaders and those tasked
with preparation of orders.
5.
Health and
Safety Inspections - the
Assistant Secretary advised that whilst carrying out Inspections with Ian
Collins, the Force's Health and Safety Advisor, he was concerned to find that
areas highlighted as risks in previous reports had still not been attended to,
in some cases more than a year on. The Chief Constable indicated in these cases
Exception Reports should be submitted and the Deputy Chief Constable advised
that he would contact Ian Collins with a view to addressing these concerns.
Stress
Although not discussed
at this forum, the Force Welfare Officer has prepared draft Force Reference
Documents in respect of Critical Incident Debriefing and Stress
Management both of which are being progressed through the meeting
structure.
RETAIN
6.6 Insurance
1.
Group
Personal Accident and Sickness Scheme
a) Casting Benefit
There are
three live claims with one settled since the last meeting.
b) Weekly Benefits
There are
currently three claims.
c) Group Personal Accident Travel Scheme
The Scheme
continues to operate satisfactorily.
d)
Legal
Protection Scheme
Due to the
recent claims history of this scheme it has been necessary to increase premiums to £0.28 per member per
week.
e)
Critical
Illness Insurance
One claim
ongoing.
2. Group Life Assurance Scheme
a) Life Policy - no
claims.
b)
Terminal
Illness - no claims.
3.
Householders Insurance Scheme
The Secretary
reminded the meeting that the Board's Householders' Insurance Scheme represents
good value to the Members, however, the possibility exists that, should more
Members join, premiums could be further reduced. Details of the Scheme are
available from Gordon Carmichael, Carmichael and Partners, Telephone
01224-638858.
RETAIN
6.7 Police Pay and Conditions
The Police
Arbitration Tribunal Award on Allowances was published in March and has been
circulated via Bulletin 01/00.
1.
Pensions
Members expressed
some concern at the absence of any update on the Review of Police Pensions.
Due to ongoing
staffing difficulties at the Home Office the Commentary on the Police
Pension Regulations is unlikely to be updated for some time.
The Force's
attention has been drawn to the content of Scottish Public Pensions Agency - Police
Pension Circulars Nos. 2000/1 & 2.
Circular 1 relates
to Update on Medical Appeals, Public Sector Transfer Arrangements - Club
Schemes and Contact Points in the Scottish Pension Agency.
Circular 2 relates
to the Purchase of Periods of Unpaid Maternity Leave and Unpaid Sick Leave
with forces advised to "make immediate arrangements to identify all such
(effected) officers and former officers."
Following
representations, the Official Side of the PNB is examining whether the pension
provisions for officers working on a part-time basis are indirectly
discriminatory.
The Secretary
reported on the content of a Legal Opinion, obtained, and kindly
circulated by Tayside Joint Branch Board, relating to the “Valuation of
Pensions" and the Divorce etc. (pensions) (Scotland) Regulations 1996.
There has always
been speculation regarding the taxation of commutation and, following recent
press coverage, the Secretary requested the Research Officer examine the
background. It appears that, whilst the government is examining "a series
of measures to keep older people in work rather than become a burden on the
state" (Times, 26th April 2000), they could at any time change the
existing arrangements, there is nothing to suggest the two issues are linked.
The Federation will be watching any developments with interest.
The Secretary has
asked the Acting Head of Human Resources to ensure the appropriate personnel
are aware of an important decision of the Court of Appeal in England, Police
Pension Regulations 1987 - Ordinary Duties - R
-v- Sussex Police Authority Ex Parte Stewart,
which has implications for medical retirement and ill-health and injury award
cases.
SPPA -
Superannuation (Pension Increase) Circular 2000/1 has been received.
I
The Assistant
Secretary clarified the position for the meeting regarding procedure for
allocating Injury Awards.
2.
Police
Negotiating Board (PNB)
a)
Minutes
No minutes
have been received since the date of our last meeting.
b) Circulars
PNB Circular 00/2
(Advisory) - Police Arbitration Tribunal decision on
pay for officers of Superintending Rank.
PNB Circular 00/3
(Advisory) - Rates of London Weighting Allowance for Cadets in the
Metropolitan and City of London Police.
PNB Circular 00/4
(Advisory) - New rates for Removal Allowance - Incidental
Expenditure, increased from £1,524 to £1,551 with effect from 01/04/00.
PNB Circular 00/5
(Advisory) - Increase for Incidental Expenses
Allowance for those attending residential training courses, £3.99 per night
from 01/01/00.
PNB Circular 00/6 -
Increase in rates for Refreshment, Subsistence and Lodging Allowances.
PNB Circular
00/7 - Increase in Motor Vehicle Allowances.
3. Legislation
Common Police
Services (Scotland) Determination 2000 -
provides for the recovery of the
Scottish Ministers' expenditure on common police services in 2000-01.
The Police Grant
(Scotland) Order 2000 - determines the amounts of police grant
payable for 2000-01.
4.
Consultation
Documents
Scottish Executive
Consultation Document - Stalking and Harassment.
Scottish Executive
Consultation Document - Judicial
Appointments: An
Inclusive
Approach.
SPF Response
to Scottish Executive Consultation Document -
Freedom of
Information.
)
Scottish Executive
Consultation Document - Mandatory Licensing of House in Multiple Occupation.
Copies of
all of these documents are available in the Federation office.
5. Police Removals - Regulation 47
A response has been
received from the Federation's Accountants, Hardie Caldwell, indicating that,
when an officer subsequently occupies Police Provided Accommodation, refunds of
mortgage interest are liable to tax.
Members expressed
concern at the quality of information provided by the Force to officers
transferring, particularly with regard to the reimbursement of stamp duty.
The Secretary
advised the Board that the interpretation and application of this regulation
has become increasingly complex and any officer requiring advice should not
hesitate to contact himself or the Assistant Secretary.
6. Force Structure
The report on the
review of the Structure of Police Forces in Scotland is still awaited.
7. Working Time Regulations 1998
The working time of
each officer should now be being recorded either on paper or by using a
computer-based system (still being examined). The Human Resources Department is
in the process of preparing guidance notes on the Working Time Regulations
which, together with a Training Digest also being compiled, should give Members
a better understanding. Any queries relating to these Regulations should be
addressed to the Human Resources Department.
No officer should
consider opting out of the scope of the legislation without first consulting
with the Secretary or Assistant Secretary. It is to be hoped that no-one will
consider opting out, however, should that happen, then the Chief Constable
still has a duty of care to ensure that individual does not work in
contravention of the existing principles of the health and safety legislation.
The Secretary
agreed to have the Force provide more definitive advice on the recording of
refreshment breaks.
RETAIN
I
6.8
Force Personnel Policies
The moratorium
on transfers has now been lifted and a number of vacancies have recently
been advertised in the Force Information Bulletin. The Secretary and Assistant
Secretary will continue to be involved in local selection panels and will
monitor the overall impact of transfers in an effort to try and avoid any
repetition of the confused situation which led to the moratorium.
The Assistant
Secretary attended a recent Arbitration Panel held to fill three Sergeants'
vacancies, for which there had been no applicants, selecting three officers
from a list of six who had successfully completed the Constable to Sergeant
assessment centre. An officer who subsequently declined the promoted post
offered has been advised that they are no longer eligible to apply for promoted
posts and will require to complete the promotion process again. The Board
discussed the issue and fully endorsed the principals behind the decision
taken.
Members expressed
concern about the apparent unwillingness of the Force to adopt the good
practice of advertising all Inspectors' vacancies. The Secretary advised
that, if challenged, this failure could leave the Force vulnerable at any
Employment Tribunal.
Following a recent Court
of Appeal ruling involving a case in West Yorkshire which confirmed that
Police Officers who complain of race or sex discrimination, and those who
assist them, are afforded special protection in relation to possible
victimisation, the Secretary wrote to the Acting Head of Human Resources
advising of the case and suggesting that the section contained in the Force
Grievance Procedure regarding victimisation be reproduced in "bold"
print.
Tenure
Policy for Specialist Posts
At the
recent Operations Service Group Meeting it was decided that a working group be
established to look at this issue. The first meeting of this group will take
place on 15th June and the Assistant Secretary will represent the
Board.
Inaccurate
Advertisements
Although there have
been very few advertisements lately all those published appeared to be correct,
however, the Board agreed to monitor the situation.
RETAIN
6.9
Health and
Safety
1.
Inspections
As previously discussed, the Assistant Secretary
had raised concerns at the JNCC that, during recent Inspections, it was noted
that issues highlighted, in some cases more than a year ago, had not been
progressed. The Deputy Chief Constable, together with Ian Collins, is to take
appropriate action.
2. Organisation for Health and Safety
It is planned to
run a training course for Health & Safety Representatives later in the
year.
3.
Consultation
A consultation
document Employee Consultation and Involvement in Health and Safety, which
includes the Scottish Police Federation response to a number of questions
raised therein, has been circulated to all Joint Branch Board Representatives.
4. Risk Assessments / Safe Staffing Levels
A Working
Group which is to include either the Secretary or Assistant Secretary is
examining the question of Public Holiday cover and Internal Mutual Aid.
RETAIN
6.10
European
Convention of Human Rights
The
Board discussed Superintendent Finlayson’s force-wide presentations on the
subject and, in particular, his specific reference to ‘personal
liability’. The Secretary reminded Members
that Chief Constables have vicarious responsibility for all the actions of
thief officers and agreed to compile a Bulletin item clarifying the position
for all Federated ranks.
RETAIN
6.11
Staff Audit
Following
the last Board meeting the Secretary wrote to Superintendent MacAskill
requesting details of how the Force has or intends to respond to various issues
raised in the audit. The reply received
indicated that the issues have already been fully debated at the Policy Forum
and advised that should staff have any specific issue they raise this with
their Service Unit Manager / Area Commander.
Superintendent MacAskill also states that he is happy to respond to any
specific concerns the Board may have.
DELETE
6.12
Detection
Rate
Following the last
Board meeting the Secretary wrote to Superintendent MacAskill regarding the
compilation of figures and his detailed reply was circulated to all Joint
Branch Board Representatives.
DELETE
6.13 Assessment Centres
On 2nd May, the Assistant
Secretary attended a review of the all the Assessment Centres held in-force to
date. The reviewing group made a number of recommendations including;
·
A change to the
initial sifting process to just one sift based on an application form, recent
staff appraisal and a report from Area Commander/Service Unit Manager.
