Minutes of the 2nd Quarterly meeting held at Beaufort Hotel, Inverness on 6th June 2001.

 

1.         MEMBERS PRESENT

 

Murdo Cameron                                     Alan Heath

Derrick Cronie                                       Alistair McBean

John Darcy (Vice Chairman)                    John MacDonald

Alan Drummond                                     Reay MacKay

Graeme Ednie                                        David Ross (Assistant Secretary)

John Finnie (Secretary)                           Mairi Steel

Murdo Fraser                                         Neil MacKinnon

 

 

2.         APOLOGIES FOR ABSENCE

 

As a result of duty commitments, apologies were received from John Jones-Davies, George MacDonald, Jimmy Simpson (Chairman) and Nigel Stafford.

 

3.         OPENING OF MEETING

 

The Vice Chairman opened the meeting by welcoming everyone present, particularly Neil MacKinnon, newly elected Sergeants' Representative for the Island Areas, inviting him to play an active part in proceedings.

 

The Chairman then paid a warm welcome to a distinguished visitor, the Chairman of the Scottish Police Federation, Norrie Flowers. He added that all present had spoken in glowing terms about the Chairman's Annual Conference address to the Justice Minister and invited him to contribute to proceeding at any time.

 

4.         ADOPTION OF STANDING ORDERS

 

Proposed by Derrick Cronie and seconded by Murdo Cameron.

 

5.         APPROVAL OF MINUTES OF LAST MEETING

 

Approval of the last minutes was proposed by Alan Heath and seconded by Reay MacKay

subject to the inclusion of Neil MacKinnon on the list of those attending and the revised numbering of some agenda items.

 

6.         MATTERS ARISING

 

6.1              LEGAL ADVICE I ASSISTANCE

 

1.                  Ongoing Legal Cases

 

There are presently 16 cases, involving 17 officers, on-going with two "part-

settlements" since the last meeting.

 

2.         Discipline I Misconduct

 

As reported at the last meeting, as a result of an officer's acquittal and total vindication at Inverness Sheriff Court, the Assistant Secretary had written to the T/Deputy Chief Constable and Procurator Fiscal drawing their attention to the Sheriff's statement that two Crown witnesses had made malicious complaints, seeking their support for the Regional Procurator Fiscal to institute proceedings. Although positive support was given, the meeting noted with disappointment that the Regional Procurator Fiscal had declined to institute proceedings.

 

At a later point in the proceedings the meeting were joined by the Deputy Chief Constable, Mr Cullen, for a presentation by Inspector Peter Black of the Professional Standards Department.

 

Inspector Black spoke of a recent Seminar he'd attended in London which considered the existing and future complaints procedures for complaints against the Police in England and Wales plus the fast-moving situation with the investigations in Northern Ireland. A common theme was the increased role of "independent investigators", on occasions afforded full police powers and the fact that their "internal investigation" has primacy over any concurrent criminal enquiry against members of the public.

 

Aware of the imminent review of procedures for dealing with complaints against the police in Scotland, Mr Cullen and Inspector Black responded to questions from Members present following which they were thanked in the customary manner for their thought provoking input.

 

RETAIN

 

6.2              POLICE PROPERTIES I HOUSING

 

As a result of the disquiet expressed at the previous meeting regarding financial difficulties for officers, younger in service, particularly those attempting to secure property in the Inverness area, the Secretary highlighted the concerns in a "Press and Journal" article on 2nd April. That press coverage subsequently formed part of the Staff Side (of the Police Negotiating Board) submission in support of the Regional Allowance claim.

 

The recent Management Services Group meeting considered, and remitted back, a paper from the Estates Department on "Change of Occupancy". The Secretary stated he would liase with the Estates Department with regard to the Paper, Decanting and Security of Rural Stations I Houses.

 

The Assistant Secretary and Local Representatives met with the Area Commander, Inverness regarding the proposed sale of vacant police houses in Inverness. The meeting noted the position of the Area Commander remained unchanged and agreed to delete this matter from the agenda.

 

RETAIN

 

 

 

6.3              CRIMINAL INJURIES COMPENSATION

 

There are presently 11 claims being progressed two of which are the subject of legal \ Assistance. There have been two satisfactory settlements since the last meeting.

 

RETAIN

 

6.4              POLICE PAY AND CONDITIONS

 

The Secretary expressed disappointment that, notwithstanding full local agreement being reached in respect of Entitlements Connected with Attendance at Residential Training Courses, students continue to be wrongly advised. Details of the agreement reached at the Human Resources Practioner Group on 22od February 2001 are reproduced in the Force Leaning Document and will be complied with in full.

 

The recent meeting of the Managements Services Group agreed an interpretation of SHHD Police Circular N0111 / 1989 which ensures all officers are entitled to reimbursement in respect of vision aids (spectacles or contact lenses) as per existing Force Instructions.

 

The Secretary reported that he established that the Staff Side of the Police Negotiating Board is aware of and responding to developments regarding Parental Leave. It is probable that this provision will be applied to the Police Service, however, it may take some time to realise.

 

As agreed at the last meeting, the Secretary wrote to the General Secretary regarding developments with the Pay Claim and Regional Allowance outlining the Board's opinion that deliberations had breached the Federation's Policy on National Collective Bargaining. The Issue was raised at the Joint Central Committee meeting on 6th March with no support forthcoming from other quarters for the Board's view. The Minute of that Meeting (already circulated) accurately reflects the discussion which took place.

 

The Decision of the Police Arbitration Tribunal (PAT) on the Staff Side's Claim for a National Regional Allowance was rejected. However, in addition to additional monies paid to Metropolitan Officers, the P AT awarded Officers in Essex, Hertfordshire, Kent, Surrey and Thames Valley an annual allowance of £2,000 with officers from Bedfordshire, Hampshire and Sussex awarded £1,000.

 

The meeting shared the Secretary's opinion that the PAT's Decision represented a further fragmentation of common terms and conditions for officers throughout the United Kingdom. The meeting agreed that the Staff Side's earlier acquiescence had not only contributed to the unsatisfactory, but unsurprising, Decision, but will have unwittingly undermined future negotiations and played into the hands of those who seek to move to local determination of terms and conditions.

 

The Secretary advised that the Revised PNB Constitution has been ratified.

 

At this point the National Chairman gave a "confidential" account of the ongoing issues with the Working Party on Pay stating that negotiations were such that minuteting of specific detail would be inappropriate at this time, however, as with Bulletins regarding "Regional Allowance", the Membership could be reassured that they will be advised of all relevant developments. The National Chairman also answered questions from Members and was thanked for the comprehensive nature of his input.

 

1.                  Pensions

 

The Secretary advised that there was nothing to report on the Pensions Review.

 

SPPA - Police Pensions Circular 1 of 2001 "The Pensions Increase (Review) Order

2001" has been received.

 

2.         Police Negotiating Board (PNB)

I

a)      Minutes-None

 

3.         Circulars

 

01/2 "Application of the Working Time Regulations 1998 as amended by the

Working Time Amendments Regulations 1999"

 

01/3 "An allowance for officers in the Metropolitan Police Service and City of London Police in receipt of half rate housing allowance or flat rate transitional rent allowance."

 

01/4 "An allowance for officers appointed on or after 1 September 1994 in the following forces; Bedfordshire, Essex, Hampshire, Hertfordshire, Kent, Surry, Sussex and Thames Valley."

 

01/5 "Removal allowance - incidental expenditure"

 

01/6 "Incidental expenses allowance for those attending residential training courses."

 

01/7 "Refreshment, subsistence and lodging allowance." 01/8 "Motor vehicle allowance."

 

01/9 "Pay of officers of superintending ranks following the reintroduction of the

chief superintendent rank."

 

01/10 "Compensation for officers recalled from annual leave"

 

4.         Legislation

 

Scottish Executive - Justice Department - Police Circular No: 1/2001 "Common Police Services: Recovery of Expenditure for Common Police Services in 2001-02"

 

Scottish Executive - Justice Department - Police Circular No: 2/2001 "Introduction of a Career Beak Scheme for the Police Service"

 

Scottish Executive - Justice Department - Police Circular No: 4/2001 "The Police Grant (Scotland) Order 2001"

 

Scottish Executive - Justice Department - Criminal Justice Division Circular No JD 8/2001 "Immigration and Asylum Act 1999 -New Offences"

 

In response to an enquiry regarding liability connected with the Race Relations (Amendment) Act 2000 which came in to effect on 2nd April 2001, the Secretary confirmed the unequivocal legal advice that Chief Constable's Vicarious Liability remains unaffected by this, or indeed any other legislation.

 

5.         Consultation Documents

 

The following Consultation Documents have been responded to;

 

"Scottish Executive Consultation Document: Protecting our Rights: A Human Rights Commission for Scotland?"

 

"Scottish Executive Consultation Paper on Plan for Action on Alcohol Misuse" Donald Gorrie MSP's Draft Bill on "Sectarianism."

 

At this point the National Chairman advised the meeting of his willingness to consult any individual officer with a particular area of expertise and took the opportunity to thank both Derrick Cronie and Alan Drummond for recent assistance.

 

6.                  Police Removals

 

Both the Secretary and Assistant Secretary expressed their concern at delays in the processing of three Members' Removal Claims by the Highland Council's Legal Department.

 

It was understood that the Force had a Service Level Agreement with the Highland Council and the meeting agreed that a check be made to ensure appropriate time- scales for the processing of claims is included in the Agreement.

 

Members agreed that the situation whereby one, admittedly complicated, claim remains unresolved two years after submission is totally unacceptable. If satisfaction cannot be reached by further local negotiation, then it was agreed that the Secretary examine, not only an active role for the Police Negotiating Board, but also avenues for legal redress.

 

7.                  Relocation Service

 

Members were previously circulated with a report from Ashley Gould, Procurement and Contracts Manager, on Relocation Services which is on the agenda of the next Human Resources Practioner Group meeting.

 

RETAIN

 

7.         FORCE PERSONNEL POLICIES

 

The meeting discussed the Chief Constable's response to detailed enquiries regarding the provision of Leadership Training and agreed that a letter should be sent intimating the Board's disappointment that he had failed to address the majority of the legitimate questions posed.

 

The Secretary reported the National Equal Opportunities Training Strategy, agreed by all eight Scottish Forces, with a three-day training programme for all staff. The Force have already embarked on a two-day training programme and it is yet to be decided how this programme will progress locally. The meeting welcomed the training as a positive response from the Police Service to the MacPherson Inquiry.

 

The Secretary reported that he had recently attended the Annual General Meeting of the Grampian Racial Equality Council (GREC), to whom the Board are affiliated. GREC, who continue to be involved with the provision of training and advice to the Force, are very busy with concerns not only about the ever-present difficulties of funding but also the future role of Racial Equality Councils.

 

a.                  Auditing of Policies

 

Despite 'faxing a further copy of the letter which concluded with the sentence "I trust that, in addition to our already frequently tendered support for the positive aspects of the Force's philosophy, you will welcome, and respond positively to constructive criticism" on 2nd April, the Secretary reported that the letter on "Auditing Process" sent to the Chief Constable on 14th December remains unanswered.

 

b.                  Force Welfare Officer

 

In the continuing absence of the Force Welfare Officer, the meeting welcomed the provision of temporary cover for the Welfare Officer and hope that suitable long-term arrangements can be put in place.

 

c.         Communication Officers Receive on Retirement

 

Members considered that, 'though an improvement on past correspondence, the letter officers receive from the Force upon retirement could be improved. The Secretary agreed to speak with the Head of Human Resources on this matter and seek clarification on the arrangements for retiral presentations and exit interviews with the chief constable.

 

d.                  Recruitment

 

A review of the recruitment process, involving the Assistant Secretary is currently ongoing with a further meeting scheduled for later in the month.

 

e.         Grievance Procedure

 

The Vice Chairman has sought clarification from the Head of Human Resources regarding detail contained in the recent HMI's report on the Force’s) Grievance procedure, particularly with regard to the accuracy of the number of Grievances purported to have been raised.

 

f.          Stress

 

Members noted with concern the Secretary's report that he found himself the lone voice questioning the assertion at the recent Policy Forum "there's no such thing as stress."

 

Members agreed stress is widespread throughout the Force and that it is evident that a decade on from the "Grampian Police Stress Report", the definitive study on stress in the Police Service, that much work requires to be done to change attitudes. The meeting agreed that the appointment of an Occupational Health Advisor should go some way to assisting with problems.

 

The Scottish Police College are aware of the recommendation of the Organisational Health, Welfare and Safety Sub Committee meeting of 8th February, that "all officers and staff should receive training in awareness and management of stress."

 

The Confidential Stress Counselling: Helpline. paid for by the Branch Board and staffed 24 hours a day. 365 days a year by trained professionals. is available on 08705 - 234999

 

RETAIN

 

8.         HEALTH AND SAFETY

 

A formal request has been made for sight of any Risk Assessment compiled in respect activities associated with the "Prize Winner of a Charity Auction who purchased a "Day on the Beat with the Police" in order that proper examination can be made of the implication for the wider Membership.

 

Following concerns raised by the Secretary with the Head of Operations a Risk Assessment on Escorting Prisoners (pre-planned) has been compiled and circulated along with a pro-forma Prisoner Escort Assessment Form.

 

The Communications Manager, Jim Abernethy, provides regular updates on the Airwaves National Radio System and the meeting welcomes the information shared with the Membership via the Force Information Bulletin.

 

The National Chairman represents the Federation on a national body overseeing the introduction of the system to Scotland and provided some background on the current position indicating the anticipated start date is 2004.

 

a.                  Inspections

 

A further round of Safety Inspections will shortly be undertaken and Members agreed it appropriate that the following "administrative" health and safety matters be examined in detail during this round; Access to and Knowledge of Generic and Specific Risk Assessments, the Recording of Hours Worked for purposes of Working Time Regulations and the Recording of Accident and Injuries at Work.

 

            b.         Maintenance of Portable Electrical Equipment

 

The recent meeting of the Human Resources Practitioner Group agreed that combined inspection and testing be utilised force-wide to ensure compliance with the legislation.

 

c.         Organisation

 

The Assistant Secretary reported that, in order to ensure appropriate corporate response, the Health and Safety Steering Group considered that greater discussion at Area Management level should be fed into the Human Resources Practitioner Group.

 

The Steering Group met on the 20th March and discussed a variety of items covered elsewhere on this agenda.

 

The meeting agreed it appropriate that the Chairman and Assistant Secretary attend a Seminar, held in conjunction with the Police Federation for Northern Ireland and R.U.C., to be held on 18th October 2001 to compliment European Health and Safety Week.

 

d.         Consultation

 

The Secretary advised that the following consultation arrangements have been agreed regarding Building work;

 

"For Major Capital Projects: During the consultation with users phase and then prior to contract start, the Federation Office will be notified in order that a Safety Representative can be nominated to ensure local consultation.

For Minor Works: Local Inspector/Sergeants will be made aware of works ongoing and they can liase with the Local Safety Representative."

 

Members welcomed this formal arrangement which should hopefully avoid a repetition of the unnecessary difficulties associated with water quality testing issue which the Secretary clarified by way of Circular to the Membership.

 

 

 

e.         Minimum Safe Staffing Levels (MSSL)

 

" The meeting shared the Secretary's disappointment that, seven months after agreeing to establish minimum safe staffing levels, force-wide arrangements were not yet in place.

 

The meeting agreed that officer safety could not be allowed to be compromised and expressed disappointment at the apparent failure of many senior managers to understand the statutory obligations associated with, deploying staff.

 

Safety Representatives will be investigating staffing level issues in some detail in the near future and were heartened to hear of active Health and Safety

 

Executive initiatives i.e. their considering that MSSLs should take cognisance of anticipated abstractions, including sickness.

 

Deployment of Staff in Safe Numbers requires to be evidenced and, if the Force cannot evidence that it is deploying numbers at levels determined by Risk Assessment then, by default, it may be held to be operating unsafely and potentially both criminally and civilly liable.

 

It was agreed that, as a matter of urgency, the Secretary would request an early meeting with the Head of Operations at which time he would seek force-wide implementation of the agreement on MSSLs.

 

f.          Revision of Force Generic Risk Assessments

 

The Review is ongoing at the Safety Steering Group.

 

g.         The Installation of Audible Warning Instruments to all Police Vehicles

 

This issue awaits national developments with "Emergency Response Driving" training.

 

h.                  Police Operations - Oil Ri2s - Risk Assessments

 

The Secretary advised that a Risk Assessment regarding Police operations on Oil Rigs is awaited, however, the Health, Safety and Welfare Manager is liasing with Grampian Police on the compilation of such an Assessment.

 

Disappointingly, and notwithstanding a request some years previous for the matter to be addressed, the absence of a Risk Assessment means the Force have deployed officers without assessing the risks or putting in place control measures to reduce the likelihood of injury. The Secretary agreed to raise the issue with the Head of Operations.

 

i.          Beat Officers Attending Firearms Incidents - Risk Assessment

 

The Assessment is still waited and the Secretary agreed to raise the issue with the Head of Operations.

 

j.          Officer Safety Equipment

 

The Assistant Secretary reported on the recent meeting of the Officer Safety Working group he'd attended along with Graeme Ednie. The Group unanimously agreed that, given the experience of officers wearing body armour for prolonged periods, they would recommend to the Chief Constable a change of policy on the wearing of the equipment to afford individual discretion based on a risk assessment.

 

The Chief Constable reviewed the policy and decided not to amend it, however, Chief Superintendent McGhee has circulated all Area Commanders reminding them that their supervisors are afforded discretion to authorise officers not to wear body armour, where appropriate, based on risk assessment.

 

It is hoped more supervisors will now be prepared to exercise this discretion, particularly with regard to officers whilst they are in police vehicles.

 

k.                  Working Time Regulations

 

Following concerns raised by the Secretary about the lack of awareness and the resultant failure to ensure compliance with the regulations, particularly with regard to the recording of hours and opting-out, the Health, safety and welfare Manager circulated a detailed E-mail regarding non-compliance. In line with a formal request from the Vice Chairman, the Force is to undertake an audit to ensure compliance with the Working Time Regulations.

 

RETAIN

 

9.         REVIEW OF SICKNESS MANAGEMENT

 

The Secretary reported that sections of the Force Reference Document have been revised and it's hoped the remainder of the Review involving the Force Medical Adviser can be completed in the near future.

 

RETAIN

 

10.       ANNUAL CONFERENCE

 

The meeting discussed this year's Annual Conference with the collective view that it was a success from both a national and local perspective. Progress on motions will be monitored and reported back as appropriate.

 

DELETE

 

11.       NEW BUSINESS

 

None

 

12.       SECRETARY'S CORRESPONDENCE

 

In addition to routine items of correspondence the Secretary advised the Board of a letter received from the Chief Constable regarding working arrangements for the Staff Associations and Trade Unions. The meeting agreed it appropriate for the Secretary to seek an early meeting with the Chief Constable to discuss any specific proposals.

 

13.       ANY OTHER COMPETANT BUSINESS

 

The Secretary advised the meeting of correspondence received that day from the Equal Opportunities Commission (EOC) querying the funding arrangements for an Application to the Employment Tribunal by a serving officer. The Secretary and Assistant Secretary advised the meeting of the background to the individual case, the detailed written and verbal information provided to the officer.

The meeting endorsed actions to take and agreed that a letter be sent to the EOC confirming that actions to date were entirely in line with both local and national Constitution and Rules.

 

14.       DATE AND VENUE OF NEXT MEETING

 

The third quarterly meeting will take place at l0am on Wednesday 12th September 2001 at a venue in Inverness yet to be decided.

 

15.       CLOSURE OF MEETING

 

Prior to closure of the meeting the National Chairman addressed Members stating that he felt privileged to hold the office of Chairman and looked forward to serving all eight Scottish Forces to the very best of his ability in what may prove to be testing time ahead. He thanked the Board for his invitation and warm welcome and trusted that he would be able to return at some future date.

 

In closing the meeting the Chairman thanked everyone present for their contributions, again thanked Mr Cullen and Inspector Black for their presentation and finally thanked Norrie Flowers for hi