Minutes of the 2nd Quarterly
Meeting held within Thistle Hotel, Millburn Road, Inverness on Thursday 20th
June 2002.
1.
MEMBERS PRESENT
Derrick
Cronie Neil
MacKinnon
Alan
Drummond Alistair
McBean
Graeme Ednie
Blair Marquis
John Finnie
(Secretary) David Ross
(Assistant Secretary)
John
Jones-Davies James
Simpson (Chair)
George
MacDonald Mairi
Steel
John
MacDonald Andrew
Walker
2.
APOLOGIES FOR ABSENCE
Murdo
Cameron - Sick Leave
Murdo
Fraser – Duty Commitments
Alan
Heath – Annual Leave
3.
OPENING OF MEETING
The
Chairman opened the Meeting by welcoming everyone present, particularly Andy
Walker attending his first meeting as Islands’ Inspectors’ Representative,
inviting him to take an active part in proceedings. The Chairman also wished Murdo Cameron a full and speedy
recovery.
4. ADOPTION OF STANDING ORDERS
Standing
Orders were formally adopted.
5. APPROVAL OF MINUTES OF LAST MEETING
The Minutes of the Last Meeting
had been circulated and were adopted as a true record, subject to the
replacement of John MacDonald with George MacDonald at Approval
of Minutes of Last Meeting.
6. MATTERS ARISING
6.1 LEGAL ADVICE/ASSISTANCE
1. Ongoing
Legal Cases
There are
presently 18 cases ongoing with two settled since the last meeting.
Legal
Opinion as been obtained on the role of the HMCIC (Her Majesty’s
Chief Inspector of Constabularies) in complaints from Police Officers
indicating that s/he has a statutory role to inquire into complaints made by
serving officers.
To date a
formal response has not been received from sir Roy Cameron, HMCIC. The matter is being addressed nationally
following which the two on-going local complaints by Federated Officers will be
progressed.
The
Secretary reported that, following the Court of Appeal in England and Wales’s
landmark ruling on the extent of employer’s duties in relation to
occupational stress the Federation’s Solicitors had provided advice for
Joint Branch Board Secretaries to whom all queries regarding this issue should
be directed.
2. Discipline/Misconduct
The
Secretary informed the Meeting of the ongoing enquiry within the Force being
conducted by officers from Central Scotland and Lothian and Borders Police, adding
that both he and the Assistant Secretary had held detailed discussions with
enquiry team members regarding compliance with the Police (Conduct) (Scotland)
Regulations 1996.
6.2 POLICE PAY AND CONDITIONS
As agreed
at the previous meeting, the Secretary had held initial discussions with the
Chief Constable on the Force’s position with regard to Disregard of First
Half Hour and recompense claimed as time off in lieu.
The Meeting discussed the
issue at some length following which the Secretary agreed to discuss
arrangements for the crediting of evidenced time for all officers affected by
the ultra vires ‘disregard’ and report back.
Joint Central Committee
Minutes of 7th & 8th May 2002 and Bulleting have kept
the Membership advised of the current position following agreement reached on
the PNB Working Party on Pay.
Much detailed discussion
requires to take place with United Kingdom Working Parties set up to address
the following issues: Regulations and Determinations, Management of
Overtime, Competency Threshold & Special Priority Payments, Sick-Pay
Arrangements and Service Beyond 30 years (being piloted in two
English and Welsh Forces). The issue of
Attendance Management is being addressed at the Police Advisory
Board of Scotland.
The Secretary advised the
Meeting of willingness of the part of COSLA, the Scottish Executive and ACPOS
to consider a Scottish System of implementing the agreement.
Regardless of the ultimate
criteria reached it has been acknowledged that there will be a considerable workload
for both Forces and the Federation locally to ensure best possible arrangements
for implementation.
The Joint Central
Committee has agreed that the issue for criteria for Special Priority
Payments will be considered by the JBB Secretaries at their meeting on 4th
and 5th July. After some
discussion the Meeting agreed that it would be inappropriate for the Board to
consider this matters further, whilst national guidelines are awaited.
The proposed Change to
the Pay Period was considered at the Joint Negotiating and Consultative
Committee the previous day at which time the Chief Constable advised that
monthly pay will commence from the pay period nearest 1st April 2003
and be paid 2 weeks in advance two weeks in arrears with the precise mechanism
of the transition communicated to staff at the earliest opportunity.
PNB
Circulars:
02/05 Refreshment, subsistence and lodging
allowances
02/06 Removal Allowance – incidental
expenditure
02/07 Incidental expenses allowance for those
attending residential training courses
02/08 Motor vehicle allowances
02/09 Police pay and conditions (plus Addendum)
The following documents
have been received and, where appropriate, responded to;
SPPA – Police Pension
(Increase) Circular 2002/1 covering The Pension Increase (Review) Order 2002
SPPA – Police Pension
Circular 2002/2 – Pension Sharing on Divorce
SPPA – Police Pension
Circular 2002/3 covering Pension Sharing on Divorce, Medical Appeals, The
Pension Advisory Service, Bilateral Agreement with British Transport Police and
List of Circulars
The Review of Summary
Justice – Consultation on first Order Issues – March 2002
The Criminal Justice
(Scotland) Bill Consultation paper
HMCIC Thematic Inspection
Programme 2002-2007
Scottish Executive Police
Circular 2 of 2002 – Common Police Services: recovery of Expenditure for
Common Police Services in 2002-03
Scottish Executive Police
Circular 3 of 2002 The Police Grant (Scotland) Order 2002
Scottish Executive Police
Circular 4 of 2002 Reinstatement of the rank of Deputy Chief Constable and
Chief Superintendent
Scottish Executive Police
Circular 5 of 2002 Protocol between the UK Atomic Energy Authority and the
Scottish Police Service and English and Welsh Police Forces
Scottish Executive JD
Circular 4 of 2002 Restriction of Liberty Orders: Role of the Police
Scottish Executive: Report
of the Feasibility Group on Youth Crime Pilots
Scottish Executive
Consultation – Vital Voices – Helping Vulnerable Witnesses Give
Evidence
Proposal for Bill to
Establish Prostitution Tolerance Zones
6.3
FORCE PERSONNEL POLICIES
Following
Transfer Appeal Panel (TAP) decision in January 2003, the Secretary sought
clarification on the Force Reference Document Selection and Deployment
Policy for Constables and Sergeants i.e. whether the TAP decisions were
to be interpreted as a departure from the references to ‘tenure’ as they are
related to time spent in ‘station’ rather than ‘post’.
The
matter was briefly discussed at the Joint Negotiating and Consultative
Committee in January since when repeated have failed to elucidate an answer to
the question posed. The matter was
placed on the agenda of the previous day’s JNCC at which time the Chief
Constable agreed to write to the Board indicating how he intended the present
policy to be interpreted.
As agreed
at the previous Meeting, a group comprising Derrick Cronie, Reay MacKay and
Blair Marquis considered Representatives’ views on Ms Sillars proposals on
Selection and Deployment for Constables and Sergeants and compiled a
response on behalf of the Federated Ranks.
The revised Document, to be considered at the Policy Forum on 3rd
July, has not yet been received making meaningful consultation with the
Membership very difficult.
Some,
though not all, of the provision of PNB Circular 01/22 and Scottish Executive
JD Police Division Circular No 1/200 Maternity, Maternity Support, Parental
and Adoption Leave and Time Off for Dependents will be included in Force
Reference Document Maternity / Maternity Support Leave (Police) presently
making its way through the meeting structure.
6.4
HEALTH AND SAFETY
The
Secretary reported the issues raised under the item Media Services at
the last meeting are to be considered by the Operational Duties Standing
Committee.
National
discussions on the Working Time Regulations are progressing and the
Secretary advised of the intention to create a generic national Workplace
Agreement at the next Joint Branch Board Secretaries’ meeting on 4th
and 5th July. The Meeting
agreed that the nature of detail involved did not readily lend itself to wider
discussion and agreed that the Secretary should undertake the Board’s input and
report back.
The
tender for Occupational Health Services has been won by the NHS
Trust. The Secretary reported that he
has held discussions with the Head of Human Resources regarding the
Service. The previous day’s JNCC
meeting also briefly discussed the matter and the Meeting was pleased to note
that all staff are to be provided with information on the Occupational Health
Service along with their next salary advice.
The Evaluation
of CS Spray April 2001 to April 2002 has been circulated to all Members and
indicates a welcome reduction on the number of assaults.
The
Meeting were aware of, and welcomed, Temporary Assistant Chief Constable
McGhee’s memorandum regarding the Mandatory Wearing of Protective Vests
and trusts that all Members will enhance both their and their Colleagues’
safety by complying.
The
Meeting also discussed the situation in one area where the prevalence of
complaints from accused regarding their being placed in handcuffs had resulted
in some difficulties. The Assistant
Secretary had undertaken and enquiry into the matter and clarified that compliance
with agreed procedures regarding handcuffing would be reinforced at local
Officer Safety Training.
The
question of numbering Accident Book entries to avoid the unauthorised
removal of pages has bee raised with, and is being addressed by, the Force’s
Health and Safety Advisor.
6.5
PROGRESSION OF ANNUAL CONFERENCE MOTIONS
All the Board’s Annual
Conference Motions were passed and have or are being responded to and will be
reported back on as and when developments take place.
DELETE
6.6
RETENTION IN CUSTODY OF PERSONS ACCUSED OF POLICE
ASSAULT
As agreed
at the previous Meeting, Blair Marquis had raised this issue of the retention
in custody of persons accused of police assault with Mr Napier, Procurator
Fiscal. Mr Napier stated that each
individual case requires to be considered on its merits with due regard to the
Lord Advocate’s Guidelines. The Meeting
agreed that there were widespread concerns among the Membership about this
matter but accept that the pursuit of a carte blanche policy which disregards
the Lord Advocate’s Guidelines was not a tenable position.
DELETE
7. NEW BUSINESS
7.1
Bullying
The following motion was
proposed by John Finnie, seconded by David Ross and unanimously adopted;
“This Branch Board
supports the provisions of the Dignity at Work Bill, presently progressing
through Parliament, and applauds the efforts of the Work Foundation to make
bullying in the workplace an offence.
The Branch Board continues
to fully endorse Northern Constabulary’s Harassment and Bullying at Work
Policy and Code of Practice and will actively assist in all efforts to
eradicate bullying within the Force”.
7.2
National Negotiating Machinery
The following motion was
proposed by John Finnie, seconded by David Ross and defeated by 6 votes to 5;
“This Joint Branch Board
believes that the present and future terms and conditions of Scottish Police
Officers are no longer being served by the United Kingdom Police Negotiating
Board (PNB).
PNB has continually failed
to meet the aspirations of Scotland’s federated ranks and should be replaced,
at the earliest opportunity, by direct negotiations, on all terms and
conditions, between the Scottish Police Federation and the Scottish Executive”.
7.3
Representation on the Joint Branch Board
Graeme Ednie advised the
Meeting that he had placed this item on the agenda to articulate concerns
regarding the disparity between the ranks and, in particular the fact that the
Constables rank was disproportionately under-represented. General discussion took place and, in the
absence of any formal proposal, and in light of what was understood to be an
examination of this matter by other Branch Boards, it was agreed that this item
be deleted from the agenda at this time.
DELETE
7.4
Dental / Optical Insurance – ‘Cash back’ Scheme
Gordon Carmichael of
Carmichael & Partners, the Board’s Insurance Broker, joined the meeting and
gave a short presentation on the proposed ‘Dental / Optical Health Scheme’, and
answered a series of detailed questions from Members thereon.
The Board agreed to
circulate information to the Membership indicating that all enquiries regarding
it should be directed to Mr Carmichael.
RETAIN
8.
SECRETARY’S CORRESPONDENCE
In addition to a number of
items of routine correspondence the Secretary drew the Board’s attention to the
following; the updated position regarding the National Prisoner Escort
Review i.e. It estimated that a contract will be signed before the current
financial year-end and that implementation will be a phased operation from mid
2003’; the SPF Voluntary Fund Accounts for Year ended 31st
December 2001; Various Items from the Standing Conference of Police in
Europe (SCOPE); the SPF response to questions posed by ACPOS Joint Forces
Review of Shift Systems;
Correspondence regarding questions posed by parliamentarians regarding Police
Numbers.
9.
ANY OTHER COMPETENT BUSINESS
Following the resignation
of John Darcy the Chairman called for nominations for the post of JBB Vice
Chairman. George MacDonald, the
sole nominee was duly elected and thanked the Board for their support.
The Chairman read out a
resignation letter from John MacDonald who was standing down from the Board for
‘personal reasons’. John wished the
Board well for the future and, on behalf of the Meeting, was warmly thanked by
the Chairman for his positive contribution.
The Chairman also asked
the Minute record thanks from the Board, on behalf of the Membership, for John
Darcy’s work and support during his time on the Board and in his capacity as
Vice Chairman.
10. TIME AND DATE OF NEXT MEETING
The Third Quarterly
Meeting of the Joint Branch Board is scheduled to take place at 10.30 am on
Wednesday 11th September at the Thistle Hotel, Millburn Road,
Inverness.
11. CLOSURE OF MEETING
In closing the Meeting the
Chairman thanked Members for their contributions and wished everyone a safe
journey home.
The Chairman, in turn, was
thanked in the customary manner.
John B
Finnie James
Simpson
JBB
Secretary JBB
Chairman
