Minutes of the Second
Quarterly Meeting held within The Thistle Hotel, Inverness on Wednesday 4th
June 2003.
1. MEMBERS
PRESENT
John Finnie (Secretary) George MacDonald (Chairman)
David Ross (Assistant Secretary) John Jones-Davies (Vice Chairman)
Murdo Cameron George
Murray
Alan Drummond Donald
Ross
Reay MacKay Calum
Steele
Alistair
McBean Malcolm
Taylor
David Miller
2. APOLOGIES
FOR ABSENCE
Graeme Ednie and Hamish
Grace - Court, Peter MacPhee - Duty Commitments
3. OPENING
OF MEETING
The Chairman opened the
meeting by welcoming everyone present.
4. ADOPTION
OF STANDING ORDERS
Standing
Orders were formally adopted.
At this
point the Chairman advised the Meeting that, as he had secured an out of force
secondment, he would be standing down from the Chair at the close of
business that
day. He then
called for nominations for Chairman Elect.
Alan Drummond was
proposed by John Jones-Davies and seconded by David
Miller and, there being no
further nominations, was duly elected.
5. APPROVAL
OF MINUTES OF LAST MEETING
The minutes of
the last meeting were formally approved.
6. MATTERS
ARISING
6.1 Legal
Advice / Assistance
1. Ongoing
Legal Cases
There are no particular
issues arising out of the present ongoing cases.
Following examination of
last year's Annual Conference motion on the provision of legal services,
in addition to Hughes Dowdall, the firms of Levy and McRae and Russell, Jones
and Walker will now provide legal services to Federation.
There will be no alteration
to the handling of existing cases or the future administration of requests for
legal advice/assistance.
The Meeting were advised of
difficulties encountered by an officer from another Force who was summoned to
be interviewed by Criminal Case Review Body regarding a case which was
almost 20 years old. The officer was
not only subjected to several hours of interview but denied access to case
papers, statements, notebooks, etc all of which had been seized by the Review
Body. The conduct of this particular
interview is the subject of further examination.
It was AGREED that the
Assistant Secretary raise the issue of retention of police records at the
forthcoming meeting of the Efficiency Conduct and Complaints (ECC) Standing
Committee.
RETAIN
2. Discipline
/ Misconduct
Mr Napier, the Area
'Fiscal, had failed to reply to the questions raised about a Police Assault
charge substituted by the Breach of the Police charge the narrative of which
included the specifics of said assault.
It was AGREED that the Assistant Secretary should now be raise this
matter directly with Crown Office.
Discussion took place on
the processing of police assault cases and the
assistance which would be required from the Crown to trail progress and
therefore the proportion of charges dropped.
It was AGREED that the Assistant Secretary raises this issue at the next
ECC Standing Committee.
T/Chief Inspector Peter Black,
Professional Standards Department, had intimated his retiral. The Meeting wished the Minute to reflect the
Membership's thanks for assistance given along with best wishes for the future.
Long-standing Federation
concerns regarding the impartiality of the Police Appeal Tribunal have been
intimated to the Police Advisory Board for Scotland (PABS). PABS has asked Her Majesty's Chief Inspector
of Constabulary to undertake enquiries and report back to the September
meeting. The Meeting were pleased that
an issue first raised by this Board was now progressing.
RETAIN
6.2 Police
Pay and Conditions
1. Regulations
and Determinations
The process to replace some
Regulations with Determinations is ongoing and should be reflected in new
statutory instruments handbook the Scottish Executive advise will be produced
later this year.
DELETE
2. Competency-related
Threshold Payment Scheme
Figures for this Force show
that a much higher percentage of officers eligible are receiving payment
compared to other forces.
DELETE
3. Special
Priority Payments (SPP)
Northern is still the only
Force in Scotland to have decided who are to
receive this payment.
DELETE
4. Sick Pay
Arrangements and Service beyond 30 years
A Scottish Executive
version of the Home Office circulars detailing new arrangements for Attendance
Management and the Management of Ill Health is still awaited.
DELETE
5. PNB
(Police Negotiating Board) and Other Circulars
PNB Circular 1/2003 - new
provisions for maternity leave, adoption leave, maternity leave and adoption
support leave (Note: This whole matter is the subject of 'live' discussions
at the Police Negotiating Board).
PNB Circular 2/2003 - guidance
to chief officers on the use of discretion to resume/maintain paid sick leave (Note:
The Secretary reported that, as the Force has no Force Reference Document on
the application of Regulation 27 A Pay During Sick Leave, he'd recently
requested one be compiled incorporating the content of this Circular).
PNB Circular 3/2003 - motor
vehicle allowance
SPPA Police Pensions
Circular No 2003/2 advises on 1) the new provisions for maternity leave; 2)
the position on adoption leave, maternity support leave and adoption support
leave; 3) buyback of career breaks; and 4) Home Office procedures on ex gratia
compensation on late paid lump sums.
SPPA Police Pension
Circular No 2003/3 advises on the management of ill-health.
Scottish Executive Police
Circular No 3 Implementation of the Police Pay and Conditions Package.
Home Office Circular
21/2003 The Police Pension Scheme - Better Management of Ill-health (Applying
only to England and Wales).
Home Office Circular
22/2003 Attendance Management - The Police (Efficiency) (Amendment)
Regulations 2003 (Applying to England and Wales).
RETAIN
6. Removal
Allowance
Following an inordinate
delay, the PNB Side Secretaries determined that the four local cases referred
to them were legitimate claims which should be paid. However, the Chief Constable has referred the matter back to PNB
for them to outline 'the rationale' for the decisions.
The Secretary has written
to the Chief Constable expressing disappointment at the Force's response to,
not only the individual cases, but also the agreed process of arbitration.
A further response from PNB
is yet to be received, however. Officers can be assured that the Federation
will ensure all legitimate claims for reimbursement are met.
(Note: Until such times as
these cases are resolved, the 'agreed' information on 'mortgage indemnity fees/
mortgage guarantee premiums' on NOW cannot be applied.)
RETAIN
7. Change to
Monthly Pay
Despite some minor
difficulties, the negotiated transitional arrangements for the move to monthly
salaries have met with general approval.
Following an intervention
by the Chairman, the decision not to provide loans for those who failed to meet
the agreed deadline for making such a request, was altered. The Secretary reported that the Benevolent
and Welfare Fund are to consider requests for assistance from several officers
who, for a variety of reasons, were unable to take advantage of either sets of
loans from the Force.
DELETE
8.
'Administrative' Arrangements at the Scottish Police College
Nothing further to report.
DELETE
9. Subsistence
Allowance
A Force Reference Document
has been approved which, when three criteria are met, facilitates the claiming
of unreceipted expenses up to £4.20.
This facilitates the continued use of vending machines and tuck shops
operating in a number of stations and situations where the provision of a
receipt is not practicable. The
application of the new arrangements will be reviewed after six month's
experience.
Following considerable
discussion, it was AGREED that clarification of areas of the document which
were subject to contradictory interpretation be sought; contact be made with
the Finance Department to try and ensure more readily direct billing of the
Force for expenses incurred; the question of 'Overnight expenses' being met for
officers who elect to stay with friends or relatives rather than use 'approved
accommodation' be re-examined.
RETAIN
10. Distant
Islands Allowance
The Federation's national
accountants have now received information from a number of officers affected
and are still reviewing this issue.
RETAIN
11. Future of Community Engagement
The Assistant Secretary
updated the Meeting on recent detailed discussion on 'community wardens', an
item high on the Scottish Executive's agenda, and correspondence between
himself and the Chief Constable.
Members were very surprised
to be advised that such a Warden Scheme was already operating in the Orkney
Isles.
It was AGREED that details
of the 'Job Description' and 'Evaluation'
relating to that Scheme would be considered by the Secretary who would
discuss the wider issues of 'community engagement ' with the Chief Constable at
a pre-arranged meeting the following week.
RETAIN
12. Regulation 24
- Travelling Time
The Secretary reported on
ongoing discussions with the Head of Operations regarding the disparity in
payment of 'relevant travelling'.
RETAIN
13. Force Reference Document - D7 Deployment
and Selection Procedure for Constable, Sergeants, Inspectors and Chief
Inspectors
The revised policy, dated
'2.5.03' has been circulated and is the agreed reference for all 'transfer'
arrangements.
The Secretary had recently
sought to have advertised vacancies for Constables' and Sergeants' indicate the
fact there is an expectation of commitment outwith rostered tours of duty. (Note: the AGREED position of the three
Scottish Staff Associations on this matter is that an officer can only be 'on'
or 'off' duty. Any officer who chooses
to be 'on-call' outwith rostered tours is doing so as an obligment. An officer cannot be compelled to be
'on-call').
The Secretary advised the
Meeting that he had just become aware of a hitherto unknown arrangement
applying to successful applicants with 'live' complaints against them. The Head of HR who advises 'a review of
outstanding issues held by Professional Standards should be undertaken before
any appointment is made to a Police post.
This decision was taken after the recent agreement of the policy and
therefore is not reflected in the current FRD'. This matter will be considered at the next meeting of the
Management Service Group.
The Deputy Chief Constable
has commenced a review of the above policy.
The Assistant Secretary is to represent the Federation and will ensure
any proposed changes are the subject of full consultation.
RETAIN
The Secretary reported
raising concerns with the Head of Operations regarding inappropriate public
comments regarding officers on 'light duties, restricted duties or sick leave.' The matter was raised at the Operational
Commander's Meeting and the letter circulated and it's hoped that future
'difficulties' can be avoided (Note: this was not an isolated incident rather
several in several different areas).
14. 'Temporary Transfers'
Discussions are ongoing
with the Heads of Operations and HR regarding the, drastic change in
remuneration for officers subjected to 'temporary transfer', post April 1st. There will be a need to incorporate the
myriad of statuses Federated Ranks, deployed away from their appointed station
may hold; e.g. secondment in same rank, secondment in promoted rank, deployment
by virtue of 'protected duties', 'restricted duties', 'rehabilitative
programme' and those designated for long-term 're-deployment' on health
grounds'.
6.3 Health and Safety
1. Working
Time Regulations (WTR)
The Interim Work Force
Agreement has been extended to 31st August 2003.
Operational Commanders were
reminded of the need to comply with the terms of Regulation 10 of the WTR Daily
Rest, now incorporated in terms of Regulation 21A (4) (a) of the Police
(Scotland) Regulations 1976, i.e. the requirement to have an interval of not
less than 11 hours between shifts.
RETAIN
2. Officer
Safety Equipment
The Operations Practitioner
Group has yet to meet to discuss wet weather gear for plain-clothed
officers. (Note: this matter has since
been progressed and the Clothing Store tasked with developing a 'corporate'
position visa vie issue)
Updates on CS / PAVA,
TASER, less lethal technologies and body armour has been issued whilst the
Police Scientific Development Branch recently published Specification for
CS Sprays for Operational Police Use: 2002 Update.
Fluorescent Jacket covers
are available for issue and need only be ordered by Area Commanders.
RETAIN
3. Inspections
Recent Incidents and
Inspections showed that many areas had totally disregarded the undertaking,
agreed some years ago, to upgrade the security of rural stations and houses.
This matter has been raised with the Head of Operations who has instructed
appropriate action. The issue will
continue to feature in Inspection Visits.
RETAIN
4. Infection Control
Health & Safety Manager
confirmed that questionnaires on Infection Control / Inoculations, prepared by
the Occupational Health Unit, would shortly be issued to all staff and,
following completion and return, a programme of inoculations would commence.
RETAIN
5. Risk Assessment
On 20th May the Secretary
requested by email of 'Section D Local Instruction to FRD Resource Availability
and Allocation - R19 in order that the issue of minimum safe staffing levels
could be discussed at this meeting. To
date replies have been received from Badenoch, Strathspey & Nairn,
Inverness, and Ross Cromarty & Skye.
Since making the legitimate request two officers have sustained injury
on occasions where agreed levels of staff had not been reached.
This matter will be
discussed in detail with the Head of Operations next week and the Membership
can be assured that continued disregard of agreed policies is not an option.
It has come to attention
that until recently members of the Special Constabulary were not the
subject of any formal medical examination prior to being appointed. Such a situation not only makes the
Federated Officers they work along side vulnerable but could also have
significant consequences for the Force, the public and indeed the Special
Constables themselves. A formal request
for a rolling programme of medicals has been made.
RETAIN
6.3 Uniform
Issue
ACPOS Sub-Committee on
uniform clothing was in the process of having a type of Catalogue produced from
which Forces could select uniform equipment although, as yet, no date has been
fixed for the introduction.
DELETE
6.4 Annual Conference
The Secretary circulated
'Annual Conference Motions 2002 - Summaries of Action Taken to Date by the
Joint Central Committee'.
DELETE
6.5 Consultants
This matter is now concluded.
DELETE
15. SECRETARY'S CORRESPONDENCE
The Secretary advised the
Meeting of correspondence seeking comment on a further activity analysis and
his response thereto indicating that hard-pressed operational officers do not
require further meaningless bureaucracy to take up their time, not least given
the results of the previous exercise were totally ignored as they failed to
confirm a pre-determined outcome.
Letters of thanks were received
from Jimmy Simpson, former JBB Chairman, and Keith Cullen, former Deputy Chief
Constable, in respect of presentations from the Board.
16. TIME
AND DATE OF NEXT MEETING
The next meeting will take
place within the Thistle Hotel, Millburn Road Inverness starting at 10 am on
Wednesday 10th September 2003.
17. CLOSURE OF THE MEETING
Prior to formally closing
the Meeting the Chairman thanked Murdo Cameron for all his work and wished him
well with his forthcoming retiral.
The Vice Chairman thanked the
Chairman for his work, both locally and nationally, and for the professional
manner in which he'd chaired Meetings and wished him well in his new post. Members thanked the Chairman in the
customary manner.
JOHN B FINNIE GEORGE MACDONALD
JBB Secretary
JBB Chairman
