Minutes of the Second Quarterly
Meeting held within The Thistle Hotel, Inverness on Wednesday 2nd June
2004.
1.
MEMBERS PRESENT
John Finnie (Secretary) Alan Drummond (Chairman)
Calum
Steele (Assistant Secretary) John
Jones-Davies (Vice Chairman)
John
Crawford Peter MacPhee (afternoon only)
Derrick
Cronie Angus MacLeod
Alex
Forbes David
Miller
Graeme
Ednie Donald Ross
Alasdair
Goskirk Calum Scott
Archie
Henderson Darren Williams
2.
APOLOGIES FOR ABSENCE
Hamish
Grace - Court
Peter
MacPhee - Duty Commitments - morning only
Alistair
McBean - Duty Commitments
Malcolm
Taylor - Duty Commitments
3.
OPENING OF MEETING
The Chairman welcomed everyone present particularly
Angus MacLeod and Alistair Goskirk, both recently elected to the Board and
attending their first meeting. The
Chairman congratulated both on their election and encouraged their full and
active participation.
4. ADOPTION OF STANDING ORDERS
Standing Orders were formally adopted.
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
The draft
Aide Memoire Cards for Authorised Firearms Officers (AFOs) was
circulated to Representatives and the Force’s Firearms Sergeant. No comments were received. This issue, combined with an Aide Memoire
Card for Federation Representatives dealing with Post-shooting Incidents,
was considered by the recent Joint Branch Board Secretaries’ meeting. Part of the delay in progressing this matter
is due to prospect that all three Scottish Staff Associations will agree
guidance.
Further discussion has
taken place with the Force regarding the Federation’s Legal Opinion on the Restraint
by Police Officers for the Administration of Medication to Mentally Disturbed
Patients. A definitive Force
position visa viz vicarious liability and a risk assessment
are still awaited.
The Board’s motion
seeking the repeal of the Police (Conduct) (Scotland) Regulations 1996 and
The Police Appeals Tribunal (Scotland) Rules 1996 was overwhelmingly
adopted by the Joint Central Committee’s (JCC) May Meeting and remitted to the
Efficiency, Conduct and Complaints Standing Committee.
The Secretary outlined his
grave concerns regarding a hitherto unencountered disregard of the Appeals
process whereby the Chief Constable is seeking to have an officer with a ‘live
appeal’ evicted from police provided accommodation.
Members were dismayed at
this unacceptable action and AGREED that the Secretary write to the
Clerk to the Police Board to have this abusive process cease forthwith.
(NOTE: note a
letter was sent and the Clerk instructed eviction proceedings cist pending the
conclusion of the appeals process).
The Secretary reported on Thematic
Review Inspection of ‘A Fair Cop’ which had been considered by the
Joint Branch Board Secretaries at a specially convened meeting in March. HMI have been advised of a number of
inaccuracies and omissions in their report and also of frustration that
Federation views were ‘sidelined’ whilst the views of ‘subject Constables’ were
not even considered.
6.2
Police Pay & Conditions
Prompted
by representations from the Board, and with the helpful assistance of Douglas
Keil, General Secretary, the Police Negotiating Board have agreed a ‘Requests
for Guidance – Protocol’ setting timescale for responding.
1. Police
Negotiating Board (PNB) and Other Circulars.
04/05 chief officers’
pay and conditions
04/06 motor vehicle
allowance
04/07 & (Addendum) joint
guidance for the operation of the performance bonus procedure for
superintendents
04/08 increase in
annual leave for federated ranks
Scottish Executive Police
Circular 05/04 & (Addendum) Chief Inspectors Pay
Scottish Executive Police
Circular 08/04 Withdrawal of Plain Clothes Allowance
Scottish Executive Police
Circular 09/04 Chief Officer Pay and Conditions Package
Scottish Executive Police
Circular 10/04 Superintendents Pay and Conditions Service
Scottish
Executive Police Circular 11/04 Annual Leave for the Federated Ranks
2. Removal Allowance
The Human Resources
Practitioner Group Meeting of 27th January 2004 endorsed revised guidance
on the Force’s application of Removal Allowance. The guidance included reference to a current maximum .. £1,608 in respect of Incident
Expenditure, the most recent sum intimated by PNB.
As agreed at the last
meeting, the Secretary compiled a paper, to be considered at the Joint
Negotiating and Consultative Committee (JNCC) meeting on 3rd June,
seeking to have an up rating mechanism put in place, the proposal being the
percentage increase applied to incidental expenses connected with residential
training establishments. By adopting
this approach the Board were taking an entirely ‘reasonable’ approach to the
change affecting the Membership.
The Force responded to the
JNCC Paper by submitting a written response covering broader issues of ‘Removal
Allowance’ in which they sought to place greater emphasis on a ‘maximum figure’
for reclaiming incidental expenses.
In accepting the
pre-change figure ‘as a guide’ the Board understood the statutory basis for
reimbursement i.e. ‘necessary, reasonable and backed by a receipt’ contained
with no reference to a maximum figure, indeed, the substantial change to terms
and conditions, effective May 2002, actually removed the upper limit.
The Meeting AGREED:
·
That there had not been sufficient time for ‘meaningful
consultation’ with the Membership on the Force’s response paper.
·
Rather than speculate further, the Board await the Paper’s
recommendation that ‘Northern Constabulary giving greater clarity’ and
responding thereafter.
·
‘Reasonable Expenditure’ should be a verbatim lift from
the National Agreement i.e. Police Council Circular 6/73 and letter of 5 May 1976,
(i.e. alteration or replacement of curtains, fixtures and fittings, relaying
of floor covering, conversion and installation of electrical appliances, etc:
and losses incurred on school fees or uniforms, travel season tickets, etc)
plus any mutually agreeable additions.
·
There should be no upper limit as this simply provides a
figure without regard to expenses which are ‘necessary, reasonable and backed
by a receipt’.
·
Some, in-force, form of arbitration for disputed claims
should be considered.
·
Every effort should be made to ensure an equitable
approach is adopted throughout the Force.
·
The Board should consider involvement in a small working
group to address the foregoing issues.
(NOTE: The JNCC AGREED
a working group, comprising the Federation, Association of Scottish Police
Superintendents and the Heads of Human Resources and Finance compile ‘guidance’
and report within 2 months).
As agreed the last
Meeting, the Secretary prepared a motion, for consideration by the JCC, on the
issue of reimbursement of costs associated with the setting up of rental
agreements, seeking a legislative change whereby the cost of such rental
agreements could be reimbursed in instances when the officer occupies police
provided accommodation.
The JCC’s May Meeting
unanimously passed the motion which has now been referred to the Staff Side for
progression at the Police Negotiating Board.
3. Regulation 24 - Travelling Time
A formal responses to the
joint Request for Guidance (RFG) was received on 22nd March
2004, since which time the Secretary has been involved in discussions with the
Head of Operations.
It is hoped to completely
conclude discussions on this matter at the forthcoming JNCC, based on a paper
submitted by the Head of Human Resources.
In response to that paper the Meeting AGREED that no deviation
from the Guidance received would be permitted.
(NOTE: Formal
agreement was reached on the matter at the JNCC with the Head of Human
Resources tasked with drafting a joint statement from the Secretary and the
Chief Constable for publication in the Force Information Bulletin).
4. Temporary Transfers
As
previously advised this item awaited the response to the Request for Guidance
and will now be considered in detail in the near future.
5. Vetting
As suggested from the outset of
the Force raising this matter, this is matter concerning ‘conditions of
service’ which is now properly being dealt with at national level.
6. Possible
Pay Anomaly Inspectors and Chief Inspectors
Nothing
to Report.
7.
Pensions
The PNB Staff Side response to
the Government Proposals for a new Police Pensions Scheme for New Entrants
is available for viewing at www.spf.org.uk
8. 30+
Scheme
The
Scheme attracted only 47 applicants in England and Wales last year and,
although work remains to be done, the Scheme will be extended to Scotland at
some future date.
9. Annual
Leave
i)
Increase in Annual Leave
Details
of the hard fought for increase, effect this calendar year, have been widely
circulated.
ii) Compensation
for Weekly Rest Day During Annual Leave
Discussions
have been ongoing to address the substantive financial difference resulting
from a requirement to perform duty on a weekly rest day during annual leave as
compared with an annual leave day with efforts to secure the same compensation
‘agreed in principal’.
10. Employment Act 2002
The two
issues which remain outstanding in translating this legislation into Police
Regulations are Occupational Maternity and Adoption Leave. Both are being actively considered by the
PNB.
11. Temporary Salary
Efforts
to remove the ‘qualifying period’ prior to which the higher rate would be paid,
similar to those applying to the Superintending ranks, have met with Official
Side objections and a ‘failure to agree’ registered.
12. Officers Held in Reserve
Discussions
are ongoing as to whether the circular covering Officers Held in Reserve away
from their Normal Place of Duty applies to the Inspecting ranks. The Official Side have written Chief
Constables advising that the Circular does not apply, however, they can make
bonus payments in such circumstances.
13.
‘Draft On-call Claim’
The
Secretary outlined the basis of a draft claim to be considered by the Joint
Central Committee’s June Meeting.
The
Meeting Agreed that this was a welcome development and acknowledged Graeme
Ednie’s continuing input to the National Claim resulting from his Annual
Conference Motion.
14. Regulations /Determinations
The
Secretary updated the Meeting on the progress of consolidation of circulars
advising that the Police (Scotland) Regulations 2004 were in ‘draft’
form and would hopefully be ratified in the near future.
It is
hoped that the Regulations will be accessible via www.northernpolicefederation.com
and, as part of the process of ensuring all information in circulation is
accurate, all Force copies of the Statutory Instruments Handbook, issued and
maintained by the Joint Branch Board, are being recalled.
6.3 Health and Safety
1.
Working Time Regulations (WTR)
Following
due consideration of all the circumstances, it was decided not to consult with
the Health & Safety Executive regarding “the minimum period of 11 hours
between rostered tours and the Force’s on call arrangements”.
The
Secretary commended the following statement by Douglas J Keil, QPM, General
Secretary
“Working
Time Regulations are law. The place
certain responsibilities on Joint Branch Boards and these cannot be set aside. Indeed to do so would render the Board liable
to prosecution and punishment under the law.
As well as bringing some clear benefits, it may appear that the
Regulations ‘spoil’ some long standing’ comfortable working arrangements but
they are on the statute book to ensure public and police officer safety.”
i)
Officers at the Scottish Police College
Despite
considerable evidence of confusion, evasion, and misrepresentation surrounding
compliance with the legislation, the Force have confirmed, in writing, that ‘to
the best of our knowledge’ the Working Time Regulations are being complied with
in full for all students at the College.
ii) Officers Attending Court
– Night Shift
Despite
repeated assurances to the contrary, the illegal practice of officers working
night shift and attending court continues with apparent impunity.
The
Federation view compliance with legislation as non-negotiable and are
disappointed the Force, by apparent indifference to non-compliance, does not
appear to share that commitment.
Officers
continue to work ridiculous hours, without any risk assessment and a disaster
will be one of the inevitable consequences.
Detailed
discussion took place on this matter with the following remarks made; police
witnesses at one court have details of their rostered shift noted at the court
(NOTE: whilst this may be the case it does not stop illegal work
practices taking place at that location); further and more detailed training is
required for all supervisory staff directly involved in deploying officers; the
Board should detail its position regarding non-compliance; most issues result
from failure to adhere to the regulation and circulars covering rosters (NOTE:
disregard of statutory rostering provisions have been
highlighted to the Force but continue); most breaches of the WTR are ‘planned’.
The
Secretary advised the Meeting that the Membership cannot be compelled
to breach the WTR; Members have a statutory ‘right not to be subjected to any
detriment by any act, or any deliberate failure to act, by his employer done on
the ground that the worker – (a) refused (or proposed to refuse) to comply with
a requirement which the employer imposed (or proposed to impose) in
contravention of the Working Time regulations 1998, (b) refused (or proposed to
refuse) to forgo a right conferred on him by those Regulations AND ‘a worker
may present a complaint to an employment tribunal’.
The Board
hope to resolve the issue of compliance in-house and, to that end, the Meeting AGREED
the Secretary write to the Chief Constable proposing that supervisors’ routine
checking of records i.e. working time sheets, overtime card and notebooks, take
place each time an overtime claim is submitted. That way the supervisor can
sign confirming that both Police and Working Time Regulations have been
complied with in full in respect of each instance. This would require the provision of adequate and suitable
training, however, basic provisions are widely known and SHOULD be being
complied with.
iii) Workforce Agreement
Nothing to report.
2. Inspections
Nothing to report.
3.
Officer Safety Equipment
The
Secretary was given early intimation by the Force of some difficulties with ‘SCS
8 Body Armour’. This equipment is
being recalled due to it’s reduced ballistic capabilities. Guidance on
deployment of the mainly plain-clothed officers with this equipment was issued
to all Operational SUMs whilst a report on the updated position was copied to
all Representatives.
6.4 Special Constabulary
The
Assistant Secretary provided a very comprehensive report regarding the
following issues connected with the Special Constabulary; deployment, training,
(including diversity training), ‘special constabulary co-ordinator’, special
constables’ conference, all of which are covered by an in force working group
in which he represents the Board.
6.5 Web Page
The Web
Page, www.northerpolicefederation.com,
averaged over 10,482 “hits” during each of the last 3 months.
Brief
discussion took place on the layout of the existing size of the visible screen,
and the Secretary undertook to discuss same with the service provider.
(NOTE:
the layout of the screen is such as to meet legislative requirements including
disability-access)
6.6
Group Insurances
Discussion
have been ongoing regarding the question of regulation for those managing
insurance schemes such as the Board’s Group Schemes, our Broker advises ‘the
early indications are quite encouraging and looks likely that the Federation
Boards will not require to be regulated’.
(NOTE:
The Federation role in the group schemes is simply an administrative one
with legislative matters addressed by the Board’s Broker and/or Lawyers)
6.7
Occupational Health
As agreed
at the last meeting the Secretary wrote the Head of Human Resources expressing
concern regarding unacceptable delays in securing appointments with the Force
Medical Advisor (FMA).
The FMA
has failed to comply with statutory requirements in one instance. Nine weeks elapsed before a reply to a
formal request for information from the Head of Human Resources regarding that
officer’s case was received.
Experience
in other Forces suggests that officers’ welfare is secondary to ‘targets’
regarding ill health retirals. The
Board will not allow the Members’ health or statutory entitlements to be eroded
to satisfy a cosmetic administrative exercise and, should practices not
improve, legal proceedings will be considered.
The
Meeting commended an email sent by the Deputy Chief Constable to Service Unit
Managers encouraging appropriate support for those on sick leave.
6.8
