Minutes of the 3rd
Quarterly meeting held at the Lochardil House Hotel, Inverness on 12th
September 2001.
1. MEMBERS PRESENT
Murdo
Cameron Alistair
McBean
Derrick Cronie John
MacDonald
John Darcy (Vice Chair) Reay
MacKay
Alan Drummond Neil
MacKinnon
John Finnie (Secretary) David
Ross (Assistant Secretary)
Murdo Fraser James
Simpson (Chair)
Alan Heath Nigel
Stafford
John Jones-Davies Mairi
Steel
2. APOLOGIES FOR ABSENCE
As a result of duty
commitments, apologies were received from Murdo Fraser, Graeme Ednie, High
Court, and George MacDonald - Annual Leave.
3. OPENING OF MEETING
The Chairman opened the
meeting by welcoming everyone present and inviting then to play an active part
in discussions. He also paid tribute to
the Vice Chairman, John Darcy who chaired the last meeting of the Board in his
absence at relatively short notice.
4. ADOPTION OF STANDING ORDERS
Proposed by Derrick Cronie and seconded by David Ross.
5. APPROVAL OF MINUTES OF LAST MEETING
6. MATTERS ARISING
6.1 LEGAL
ADVICE / ASSISTANCE
1. Ongoing
Legal Cases
There are presently 18
cases, involving 19 officers, on-going with one settlement since the last
meeting.
2. Discipline
/ Misconduct
Complaints Against the Police in Scotland
The Assistant Secretary
reported that there had been lengthy and detailed discussion at the recent
Joint Central Committee (JCC) meeting regarding the consultation paper
'Complaints against the Police in Scotland'.
The Deputy General Secretary had prepared a draft response which the
meeting considered along with one prepared by the Associated of Police Officers
in Scotland (ACPOS).
As the ACPOS response was
considered poorly written and lacking the necessary clarity and detail, the JCC
were not prepared to put agree to its submission as a "joint
response".
The Deputy General
Secretary's draft was reviewed, subjected to minor amendment and will be
further circulated.
The Board discussed the
issue and Derrick Cronie reported a discussion paper is available now. The Assistant Secretary stated that he feels
the Board are being steered by the ombudsman.
Asked questions in role remit.
Until such time as we receive a response, cannot say in favour of going
down this line.
John Darcy stated that there
has been an increase in misconduct cases, and that the enquiry is ongoing, and
would ask all representatives to be aware of this.
The Secretary informed the
Board that the members are fortunate of having John Darcy as Vice Chairman and
officer in charge. John Darcy stated a
number of points. He is concerned that
an Ombudsman would interfere with the Deputy Chief Constable. John Darcy has a meeting with the Temporary
Chief Constable on Monday and would expect nothing but absolute adherence to
procedure with regard to the suspension of officers.
Alan Heath reported that he
was recently interrogated by officers from an outside force for 2 ½ hours. He was told that no statement would be taken
and not to worry. He also stated that
other names he had mentioned during the interview had been approached and told
they were carrying out an enquiry although never told what the enquiry
was. Alan stated that the officer
interviewing said that it is common purpose and they better get used to it.
John Darcy stated that they
do not have to tell staff what the interview is for.
The Secretary mentioned
that at a meeting on Monday, only 3 types of enquiries. Should be not dubiety of nature of interview
and wants it to be clear to people being investigated what nature of
investigation is. This is to be looked
at.
Impartiality
of Police Appeals Tribunal
The Board's motion on
challenging the impartiality of the police appeals tribunal, unanimously
endorsed by annual conference, has been examined by the Federation solicitors
who have been advised that any challenge would require to be made in respect of
an ongoing case. The Joint Central
Committee Meeting also discussed the motion and it was agreed by all present
that when an appropriate case presents itself a challenge will be mounted.
The Secretary reported that
he has prepared a fairly lengthy response to the Police Appeals Tribunal, which
was prepared by Neil Ramsay.
As soon as suitable case
made available can't proceed until then.
DR - Did express concern reluctance
from some Boards to proceed with tribunal as a lot of work involved in
proceeding. Is it ever going to get to
a stage when it is challenged.
RM- Now at a stage where a
log of cases will be thrown out.
6.2 POLICE PROPERTIES / HOUSING
The Board again discussed
the issue of safety and security of the occupiers of rural police stations in
light of the recent incident at Caol Police Station and expressed concern that
a year and half after raising this issue through the Force meeting structure
there appears to have been little or no progress in a number of areas.
JF expressed feeling of
disappointment with Angus MacLeod and will meet with him very shortly to push
this matter forward.
6.3 CRIMINAL INJURIES COMPENSATION
There are presently 12
claims being progressed two of which are the subject of legal Assistance. There have been one satisfactory settlement
since the last meeting.
If in any doubt please
contact Federation office, if they come into office uncompleted they will not
be passed on. JF reported that a lot of
forms received are incomplete.
6.4 POLICE
PAY AND CONDITIONS
The Police pay award for
2001 has been ratified by the Scottish Executive at 3.5% effective as of 1
September 2001 as per Scottish Executive - Police Circular 8 of 2001.
The Assistant Secretary
advised the meeting that there had been no further meetings of the PNB Working
Party on Pay however indications were that any progress was likely to be
delayed until any financial impact arising out of proposals from the
Governments plans for this reform were yet to be tabled and there is no
indication how or indeed if it will impact on the Scottish Police service.
JF put forward a proposal
to move to 4 weekly or monthly pay.
Best value review of financial services report conducted by John
Gourlay.
Would ask for everyone to
return response, If people do not respond will be taken in favour of monthly
pay. People cannot manage on daily
basis / fortnightly what will happen if they go onto monthly pay.
John Darcy stated that
support staff would also find the transfer onto monthly pay a hardship.
Alan Drummond stated that
if members are not in favour of monthly pay, should make this democratic.
JD - will we be given JBB
response, JF replied yes.
JF - interesting JD advised
the loss of interest to paying authority.
JJD - Any advices if this
goes ahead? JS feels that the Board
were jumping ahead of themselves, as decision is not final.
Travel
to Scottish Police College
The Assistant Secretary
reported that following a statement by the Deputy Commandment of the Scottish
Police College that 'the college was only residential from Monday to Friday'.
The Force have endorsed a proposal that all staff including probationers
attending their first stage training are entitled to claim return travel at
weekends for the duration of their course.
The Secretary feels that
rest days should be spent at home and not 200 miles away from home.
Alan Drummond - accept that
the vast majority of what JF is saying, although feels that people in college
who cannot get home at weekends due to ferry services etc. then it is not their
fault.
JF feels that a rest day
should not be spent in a dormitory and this is also applicable for
probationers.
DC - should maybe work to
working time regulations.
Neil - Would families be
able to come down if cannot get home.
NS - If someone at SPC is
on a rest day, then that should be a rest day.
Should be saying "these people live in Western Isles, and they
should be allowed to leave for the last flight home and arrive late at the
college on the Monday morning or if they do not want to do this then spend
their rest period at Scottish Police College.
Pple shirt - Feels letter
should be written to Human Resources to push this forward.
Compensation
for Officers Recalled from Annual Leave
The Secretary reminded the
Meeting of the recently circulated Scottish Executive Circular regarding
compensation for officers recalled from annual leave. The implementation date for this agreement is 4th
April 2001 and the phrase 'one day's pay' means the number of hours the officer
would normally have worked on that day.
DC - one live case claim
has been submitted. JF - refer them to
Scottish Executive circular 7.
Allocation
of Additional Public Holidays
The Secretary updated the
Meeting on progress of the motion passed at Annual Conference regarding the
allocation of "additional" public holidays when Christmas Day, 26th
December or New Year's Day falls on a Saturday and Sunday. The Scottish members of PNB considered the
issue and agreed guidance which is contained in Circular No 102 / 2001. The only issue yet to be resolved is the
definition of 'festive period' and the Secretary advised the Meeting that he
had indicated on behalf of the Board our preference for this to mean 'the local
Christmas and New Year school holidays'.
This was also the preferred view of the JCC when the issue was discussed
there and the General Secretary is to write to the Scottish Executive
expressing this view.
Allocation
of Additional Public Holiday 2002
The Secretary advised the
Board that the Police Negotiating Board had approved an additional Public
Holiday on 3rd June 2003 to mark Her Majesty the Queen's Golden
Jubilee.
Disregard
of First ½ Hour of Casual Overtime
The Secretary advised the
Board that legal opinions had been obtained by the Police Federation of England
and Wales and ACPO both of which indicated that the disregard of the first half
hour of casual overtime was not legal. The
Board discussed the issue and unanimously agreed that the Secretary seek to
have all officer compensated in full for any overtime worked which had been
disregarded.
PNB
Minutes
No minutes received since
the last meeting.
PNB
Circulars
01/11 PNB Annual Report to the Prime
Minister for 2000/01
01/12 (ADV) Pay of Federated Ranks
01/13 (ADV) Pay for Officers of Superintending Rank
01/14 (ADV) Pay for the Metropolitan Police
Commissioner
01/15 (ADV) Pay of chief Officer Ranks
01/16 (ADV) PNB
Agreement on New Rates of London Weighting, Dog Handlers Allowance, RUC
Allowance and Temp Non-Pensionable Supplement for Inspectors and Chief
Inspectors in the RUC.
01/17 (ADV) Pay for Cadets
01/18 (ADV) Agreement
on Provision of an Additional Public Holiday for the Queen's Jubilee
01/19 Revised
PNB Constitution
01/20 Police
Arbitration Tribunal decision on claim for national regional allowance
01/21 (ADV) PNB
Agreement on allowance for officers in Hertfordshire, Kent and Surrey
Legislation
The Human Rights Act 1998 -
CPOS Impact Analysis.
Criminal Justice and Court
Services Act 2000:
Amendments to the Sex
Offenders Act 1997.
Consultation
The following consultation
documents have been received:
Review of Common Police
Services
Justice 2 Committee of the
Scottish Parliament - Inquiry into the Crown Office and Procurator Fiscal
Service
Criminal Justice -
Accommodation Services
Police Act 1997, Part V:
Consultation on Regulations and Code of Practice
Review of Part 1 of the Sex
Offenders Act 1997
Discussion Paper on Age of
Criminal Responsibility
Review of Liquor Licensing
Law in Scotland
Enforcement of Vehicle
Emissions Standards by Local Authorities to Help Improve Local Air quality
POLICE REMOVALS
The delays experienced by
officers in respect of legitimate claims connected with their relocation has
not yet improved and the Secretary advised the Meeting that it was his
intention to raise this issue with the new Chief Constable Mr Latimer at a
meeting with him on 24th September.
RELOCATION SERVICE
The Assistant Secretary
advised the Board that the proposal for the provision of this service had now
progressed successfully through the Force meeting cycle and that he understood that
tenders would now be sought for the provision of the service.
7. FORCE PERSONNEL POLICIES
The Secretary stated that
he would be discussing the matter of Leadership Training with the new
Chief Constable.
At a recent meeting with
the Temporary Chief Constable and Temporary Deputy Chief Constable the
Assistant Secretary sought clarification on whether there was or was not a
moratorium in place in relation to transfer due to the number of advertised
vacancies appearing in Force Information Bulletins.
a. Auditing
of Policies
The Secretary advised the
Meeting that a response to his letter to the Chief Constable on 14th
December 2000 was received on 17th July 2001 with the Chief
Constable advising that "the only useful response I can make is to note
its contents".
The Board discussed this response and
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
The Force intends to advertise
a permanent position of Force Welfare Advisor during this month. The Head of Human Resources circulated a
draft job description for the post seeking comments and the Assistant Secretary
provided a detailed response principally regarding concerns over the reporting
mechanism for the post. Chief
Superintendent McGhee has also advised that the Staff Associations will be
involved in the recruitment of this post holder.
The Meeting discussed the
post and
c. Communication Officers Receive on
Retirement
The Secretary discussed the
issue with the Head of Human Resources who confirmed that only officers meeting
with Mr Robertson would receive a retiral presentation.
The meeting discussed this
practice and agreed
d. Recruitment
The review on recruitment
is still ongoing with the Assistant Secretary advised the Meeting that he was
hopeful from discussions to date that improvements to the procedure would bring
about more of a 'succession-planning' approach to recruitment as opposed to
plugging existing gaps as in the past.
He also advised the Meeting that following a recent advertising campaign
there does appear to be an improved rate of applications returned. Over the last 6 months 629 application forms
have been sent out with 134 completed and returned which is approximately 21%.
e. Grievance Procedure
The Vice Chairman wrote to
the Head of Human Resources prior to the Boards' last Meeting seeking
clarification of figures provided to HMI for their recent report. The reply provides a detailed breakdown of
all grievances recorded by Human Resources during year 2000 and clearly
indicates that information relating to all grievances raised is not being
passed to Human Resources as per the procedure.
The Meeting
f. Stress
The Secretary discussed
issues relating to stress with Chief Superintendent McGhee at a recent meeting
with him. Chief Superintendent McGhee
has advised that he has tasked the Human Resources Department with securing a
provider for Critical Incident Debriefing as a matter of urgency. He also
advised that through the review of Sickness Absence Management he hoped to
bring about more speedy resolutions to health related issues, including ill
health retirals.
RETAIN
Stress Risk Assessment
The Secretary reported that
he had been asked to provide comments for inclusion in the revised Force
Reference Document S8 - Stress Management.
The Secretary advised the Meeting that he had responded indicating that
a full Risk Assessment of Stress should always be carried out. The Meeting fully endorsed this response.
Letter
to Chief Constable - Stress
The Secretary advised the
Meeting that he had written to the Chief Constable following the last Board
meeting expressing the Boards' concern regarding his comments in relation to
stress. In his reply Mr Robertson
advises that "Your comments are noted".
8. HEALTH
AND SAFETY
"Day
on the Beat with the Police"
Prior to the last Board
meeting the Secretary wrote to the Chief Constable requesting sight of any risk
assessment prepared in relation to the charity prize a "Day on the Beat
with the Police".
A reply has now been
received from Chief Superintendent McGhee indicating that no assessment was
prepared and advising that he will ensure that a suitable risk assessment is
undertaken prior to any similar activities.
a. Inspections
A further round of
inspections has now been carried out throughout most Areas of the Force.
The Meeting discussed the
findings from these inspections and
b. Castle of Mey
c. Organisation
The Secretary advised the
Meeting that there were to be two further Health and Safety Representatives
Training Courses run in early 2002.
The Assistant Secretary
reported that discussion on extending this Course by a further day had taken place
at the recent JCC Meeting. This was in
order to have an examination at the end of the course, which will be accredited
by NEBOSH.
The Board discussed this
proposal and
d. Consultation
The Secretary advised that the
Meeting that the Deputy General Secretary had written seeking the assistance of
all trained Safety Representatives in completed and returning a feedback
form. Copies of the form were
distributed to all trained representatives who were encouraged to complete and
return them, as this was the basis on which future course content is informed.
e. Minimum
Safe Staffing Levels (MSSL)
A paper entitled 'Resource
Availability and Allocation' prepared by Inspector Donald Buntain, was debated
at the recent Management Service Group.
The paper sets out a number of criteria, including Minimum Safe Staffing
Levels, was approved by the Meeting.
The Board discussed this issue at
length and considered that it was the single most important issue affecting the
Force at this time. The Board have
strived for 10 months to have safe staffing levels approved and implemented
throughout the Force. There was
widespread disappointment that, despite an assurance by the Head of Operations
that figures for each station in the Force would be made available for this
meeting, no such information had been received.
The meeting agreed
f. Revision of Force Generic Risk
Assessments
The Assistant Secretary and
the Health and Safety Advisor have completed a review of the Force's Generic
Risk Assessments, however some of the specific assessments have been referred
to the appropriate specialist department for comment.
It is hoped that a revised
copy of these assessments will be prepared and circulated shortly incorporating
these comments.
g. The Installation of Audible
Warning Instruments to all Police Vehicles
The recent meeting of the
Management Service Group agreed that audible warning instruments be fitted to
all marked police vehicles.
h. Police Operations - Oil Rigs -
Risk Assessments
As agreed at the last Board
meeting the Secretary raised this issue with the Head of Operations, Chief
Superintendent McGhee who has instructed the Health and Safety Advisor to
compile a risk assessment "as a matter of urgency".
i. Officer Safety Equipment
The Assistant Secretary
advised the Meeting that the working group on officer safety equipment
continues to meet at regular intervals.
Any officer experiencing problems with any aspect of the officer safety
equipment should identify these to their Representative who will ensure this
Group consider the issue in ongoing discussions on improvement.
The Assistant Secretary
advised the Meeting that he had recently had contact from an officer who was
seeking the provision of garment to be worn under the uniform because of the
perspirations caused by the wearing of the protective body armour.
The Meeting discussed this
and
k. Working
Time Regulations
The Health, Safety and Welfare
Unit is currently carrying out a Force-wide audit of the recording and
monitoring of working time. The Meeting
tasked the secretary with writing seeking early sight f the results of this
audit.
The provision of an IT
based system was again discussed with the meeting agreeing this would be the
best means of ensuring compliance with these Regulations.
RETAIN
9. REVIEW OF SICKNESS MANAGEMENT
The Review is now complete
and a redrafted force reference document will be presented for discussion at
the next Hyman Resources Practitioner Group.
RETAIN
10. ANNUAL
CONFERENCE
The Secretary advised the Meeting that, notwithstanding
the unanimous endorsement of conference motions presented by the Board at Annual
Conference, the Joint Central Committee and decided not to progress some of the
decisions made by the Conference.
The meeting
DELETE
11. PERSONAL INJURY COMPENSATION
The Secretary advised that he
had written the Clerk to the Police Board seeking to have the Board utilise the
provisions of PNB Circular 94 / 11 covering "Personal Injury
Compensation". A reply has been
received from the Clerk's office indicating that the "Board's Insurance
Manager has been asked to consider the provisions" following which they
will revert.
12. FEDERATION TRAINING
The Secretary advised the
Meeting that it was intended to run 2 Basic Training Courses this year with 2
Health and Safety and 2 Equality and Fairness courses early next year. The Secretary will advise the Deputy General
Secretary of the Boards requirements in respect of this training.
11. NEW
BUSINESS
Renewal of Federation Insurance Schemes
The Meeting was joined by
Gordon Carmichael, the Boards' Insurance Broker who gave a presentation on
proposals for the renewal of all the schemes administered by the Board.
12. SECRETARY'S CORRESPONDENCE
