Minutes of the 3rd Quarterly Meeting held
within Caledonian Hotel, Church Street, Inverness on Wednesday 11th September
2002.
1. MEMBERS
PRESENT
Derrick Cronie Reay MacKay
Alan Drummond Blair Marquis
Graeme Ednie David Ross (Assistant
Secretary)
John Finnie (Secretary) James Simpson (Chairman)
Alan Heath Mairi Steel
John Jones-Davies
Mrs Claire Kerr, JBB
Administrator was also in attendance
2. APOLOGIES
FOR ABSENCE
Murdo Cameron - Sick Leave
John Chisholm - Annual
Leave
George MacDonald - Annual
Leave
Neil MacKinnon - Annual
Leave
Alistair McBean - Duty
Commitments
Tom Ogilvie - Annual Leave
Andrew Walker - Duty
Commitments
3. OPENING
OF MEETING
The Chairman opened the
Meeting by welcoming everyone present and expressing disappointment at the
small number of Members in attendance.
The Chairman asked that the
Minute intimates the Board's congratulations to Murdo Fraser on his recent
promotion and thanks him for all his efforts on the Sergeants' Board.
4. ADOPTION OF STANDING ORDERS
Adoption of Standing Orders
were formally proposed and seconded.
5. APPROVAL OF MINUTES OF LAST MEETING
The Minutes of the Last Meeting were formally adopted
as a true record.
6. MATTERS ARISING
6.1 LEGAL ADVICE/ASSISTANCE
1. Ongoing
Legal Cases
Further enquiry is
continuing into the role of the HMCIC in Complaints from Police Officers with
collation of any HMCIC involvement in such matters to date being undertaken
centrally.
The Secretary reported on
the progress of the review of The Provision of Legal Advice and Assistance
by the Joint Central Committee and the fact the it has been agreed to
further explore legal advice and assistance provided by Joint Branch Boards.
2. Discipline/Misconduct
The Secretary updated the
Meeting on the enquiry being undertaken by officers from Central Scotland and
Lothian and Borders Police. The team
moved from their Dingwall accommodation to finish of their work at Police
Headquarters, Stirling on 23rd August.
The Secretary has written,
and is to meet with, Temporary Assistant Chief Constable McGhee regarding the
continuing trend of malicious complaints being made against officers. The Meeting AGREED that malicious
complainers should face prosecution and in addition, in the very limited
criteria available, civil redress should also be considered.
The Assistant Secretary
reported on a recent case where an accused, initially facing 3 charges, Police
Assault plus two Breaches of the Peace at the District Court, had a plea of
'not guilty' to the Police Assault and one Breach of the Peace charges accepted
subject to a 'Guilty' plea to a Breach of the Peace charge with the
insertion of the words 'and DID punch Constable .. on the head.' The Meeting expressed concern about this
practice which could see an accused appear on a subsequent Police Assault
charge not having relevant previous conviction considered. The Assistant Secretary indicated that he
had sent a letter to Mr Napier, the Procurator Fiscal but, to date, no reply
has been received.
6.2 POLICE
PAY AND CONDITIONS
1. Disregard
of First Half Hour
Prior to meeting with the
Chief Constable, the Secretary prepared a detailed paper outlining the legal
position regarding the Disregard of First Half Hour and a
suggested the resolution.
The Meeting discussed the
Chief Constable's response and AGREED that it failed to meet the
Membership's legitimate expectations and significantly disregarded advice from
the Side Secretaries of the Police Negotiating Board. The Meeting AGREED that the Secretary is to communicate
further with the Chief Constable in an effort to swiftly conclude this
long-running issue.
2. PNB
Working Party on Pay
Much detailed discussion is
ongoing within the United Kingdom Working Parties set up to address the
following issues;
a. Regulations
and Determinations
This Working Group has held
two meetings with the Official Side yet to make clear why they have sought to
move from Regulations to Determinations, albeit they accept that the
application of Determinations can be the subject of legal challenge.
b. Management
of Overtime
There has only been one
meeting of this Working Group with neither COSLA nor ACPOS wishing to be
restricted to the Heads of Agreement figure.
The Official Side is undertaking a survey of hours worked which the
Staff Side will closely monitor to ensure the figures arrived at represent an
accurate starting point and are not distorted by being collected during a leave
period or other specific times of 'unusual expenditure'.
c. Competency
Threshold & Special Priority Payments
This Working Party has met
on seven occasions and is set to conclude by 30th September with the
Official Side scheduled to produce guidance on Special Priority Payments
(SPPs).
The Chief Constable had
sought the Board's views on the local application of SPP. The Meeting AGREED that it would
inappropriate for the Board to consider this matter prior to the publication of
the Official Side's guidance and, whilst not pre-empting the content of any
Guidance, further AGREED that it was unlikely the Board would
participate in considering who should be given SPPs.
d. Sick-Pay
Arrangements and Service Beyond 30 years
The main area of contention
relates to the question of 'permanent disablement' with revised advice to be
provided to Force Medical Advisors.
Attendance Management is being addressed at the Police Advisory Board
for Scotland with possible amendments to the Efficiency Regulations to include
the question of 'attendance'.
3. PNB and Other Circulars
PNB Circular 02/10 - Guide to Negotiable
Conditions of Service of Police Officers
PNB Circular 02/11 - PNB
Annual Report to the Prime Minister
PNB Circular 02/12 - Pay for Cadets
PNB Circular 02/13 - Pay of Federated Ranks
PNB Circular 02/14 -
i) London Weighting, ii) Dog Handlers' Allowance, iii) PSNI Allowance, iv)
Temporary non-pensionable supplement for inspectors and chief inspectors in the
PSNI
PNB Circular 02/15 - Pay
for Officers of Superintending Rank
PNB Circular 02/16 - Pay of Chief Officer Ranks
Intimation of the Federated
Ranks Pay Award for 2002 was circulated in Bulletin 8/2002 which also
contained updates on the PNB Agreement Working Parties and the PNB Federated
Ranks Committee.
A Circular from the General
Secretary covering Recall from Annual Leave has been circulated to
Representatives and should clarify some of the confusion caused by PNB Circular
01/10.
4.
Removal Allowance
There are currently four
cases where reimbursement of elements of Removal Allowance have been
refused by the Chief Constable which are being considered by the Side
Secretaries of PNB.
The Secretary reminded the
Meeting the Pay and Allowances Guidance - Relocation Expenses on
NOW, was agreed by the Branch Board, the Head of Human Resources
and the Head of Finance, and Asset Management.
There is
now an expectation that Officers relocating should clarify their entitlements
under Regulation 47 with the Head of Human Resources.
The Secretary is presently
seeking clarification on a change in the advice agreed in July 2000 regarding Restriction
of Costs which sought to restrict reimbursement of Stamp Duty and other
fees charged by lawyers on conveyancing property. The change, which will be beneficial to
the Membership, was made at the direction of the Chief Constable. The Restriction
of Costs has been discontinued, however the appropriate change was never
effected in the Guidance on NOW nor discussed with the Branch
Board or the Head of Human Resources or Service Unit Managers who are all
expected to provide correct advice.
5. Relocation Service
The Force now has a
contract for a Relocation Service, however, as Regulation 47 Removal
Allowance is to be replaced by a Determination, it has been decided to
await the outcome of that change prior to considering provision of specific
guidance on the use of the service. The
Meeting AGREED that this matter should be considered at the next Joint
Negotiating and Consultative Committee meeting.
6.3 FORCE
PERSONNEL POLICIES
1. Selection
and Deployment for Constables, Sergeants and Inspectors
The Force Reference
Document Selection and Deployment Policy for Constables and Sergeants,
now covers Inspectors and remains the subject of ongoing revision. The matter was briefly discussed at the
Joint Negotiating and Consultative Committee in June and a revised Policy was
discussed, and subsequently withdrawn, at the July Policy Forum. The latest 'version' was circulated to
Representatives prior to the Meeting.
The Meeting AGREED;
there is continuing confusion regarding 'transfers', the Membership wish clear,
unequivocal guidance of the issue and equitable application of any agreed
Policy. The Assistant Secretary is to
meet with the reconvened Working Group, comprising Derrick Cronie, Reay MacKay
and Blair Marquis to compose an appropriate response to the latest Document circulated.
2. Long
Service and Good Conduct Medals
Following representations
regarding the disappointment felt by many officers at the continuing delay in
the timeous award of the Long Service and Good Conduct Medals, the Secretary
contacted the Head of Human Resources who advises that there has been an
administrative problem which has since been resolved. The Head of Operations is now liasing with
Service Unit Managers to arrange presentations.
3. Queen's Jubilee Medal
The Queen's Jubilee Medals
have been ordered for all eligible officers i.e. officers with 5 years or more
reckonable service on the 6th February 2002.
6.4 HEALTH
AND SAFETY
1. Media
Services
The Secretary reported the
issues raised under the item Media Services continues to be
considered by the Operational Duties Standing Committee.
2. Working
Time Regulations
A generic Workplace
Agreement has prepared by Joint Branch Board Secretaries' and approved by
the Joint Central Committee.
The Secretary had
circulated the 'draft' Agreement prior to the Meeting, however, the Meeting AGREED
the Paper should be withdrawn pending further clarification of various
issues.
3. Occupational
Health Services
The Force's Occupational
Health Service is now up and running and the Secretary and Assistant
Secretary have met all the Occupational Health staff and held discussions with
the Human Resources Department regarding the administration of the Service.
The Assistant Secretary
raised the question of financial support the Force offers rehabilitating
officers and the Meeting AGREED that the Force should be approached to
meet the travel costs of officers attending the Northern Police Convalescent
Home.
4. Officer
Safety Equipment
A meeting is to be convened
to discuss various issues, including new light-weight protective vests,
provision of additional covers for the protective vests and garments for
wearing under the protective equipment.
The question of wearing of
ties during hot weather is a continuing source of complaint from the Membership
and the Meeting AGREED the Assistant Secretary's proposal he writes to
the Occupational Health Service for their views.
5. Inspections
The Secretary reported on a
recent Inspection which highlighted a significant structural Health and Safety
issue affecting the safety of Officers, Support Staff and the General Public
which, though known to Management, had not been rectified during the
intervening week.
The Secretary has raised
directly with the Chief Constable a concern that the Statutory role of the
Federation appears to being considered to obviate a similar, if delegated,
Statutory role for Police Managers in ensuring Health and Safety legislation is
complied with.
In the coming months the
Secretary and Assistant Secretary will undertake Inspections in a number of
areas and combine those visits with meetings with the Membership.
6. Risk Assessments
The Secretary reported that
legislation relating to Risk Assessment is being largely ignored with regard to
the requirement to compile Specific Risk Assessments.
The Force is to run a Risk
Assessors course for 15 staff on 13th November 2002.
The Meeting AGREED
that the role of the Force's Health and Safety Advisor be
clarified at the next meeting of the Force's Health and Safety Steering
Group.
7. Stinger Hollow
Spike Tyre Deflation System
Following concerns
regarding incidents when Stinger was deployed at incidents where
Officers lost their lives, the Secretary contacted Operational Support to
clarify whether the local Force Reference Document on the use of this equipment
was being complied with.
The Force has subsequently
been decided to limit the use of this equipment to the highly trained staff of
the Road Policing Unit in addition to which Officers are to be sent on a Health
and Safety Executive approved course Cascade training will then be rolled
out, giving priority to remoter Command Areas.
The Meeting fully supported
the Force's unequivocal Health and Safety stance on this issue.
8. Resource
Availability and Allocation
The Secretary had raised
with the Acting Head of Operations issues regarding compliance with the
provisions of the Force Reference Document on Resource Availability and
Allocation - FRD -R19 and it was agreed that the matters will be addressed
during the next round of Performance Reviews.
6.5
Dental/Optical Insurance - Cash-back Scheme
The Assistant Secretary
reported that 54 officers had joined the
Scheme and that the Insurers had agreed to extend the opt-in period
until 15th September. It will be possible
for the Membership to join thereafter, however, there will be a 6 month waiting
period.
7.0 New
Business
7.1 Airwaves
A Member raised the issue
of officers being 'required' to take home personal radios. The Meeting agreed that there would be
'security' issues for both the officer and others in the household should this
become accepted practice not least given the efforts to date of organised crime
to obtain 'new sets'. The Meeting AGREED
that only in exceptional circumstances, and only with the officer's express
approval, and subject to the provision of secure cabinet should this practice
take place.
The Meeting AGREED
that the Membership should take the opportunity to view the widely-circulated
Video on the Airwaves project which covers many Health and Safety issues often
referred to.
7.2 Electronic Duty Roster
A Member raised concerns about the proliferation of
Electronic Duty Rosters. Following
discussions it was AGREED that the Secretary write to the Chief
Constable confirming that all regulatory provisions are being applied
throughout the Force.
7.3 Health
and Safety Refresher/ NEBOSH Training
A Member raised the
question of refresher training for Health and Safety Representatives and
queried the provision of a further days training, plus a written examination,
which would provide a formal NEBOSH qualification.
The Meeting AGREED
that the Secretary should examine this proposal following the triennial
elections.
7.4 Group
Personal Accident and Sickness Scheme
1. Travel
Insurance
The Group travel Insurance
Scheme will be renewed, for the existing level of premium, for a further 12
months, subject to three minor wording amendments which will be intimated
directly to the Membership.
2. Salary
Replacement Scheme
3. Capital
Sum Ill-health Retirement Scheme
4. Critical
Illness
The Assistant Secretary
reported that renewal for all three elements of the Scheme was scheduled to
take place next month, however, the Insurance Company have yet to make a formal
offer least there be any 'late' claims'.
Subject to time limits, the
Meeting AGREED that, as per pervious occasions, the Secretary and
Assistant Secretary progress negotiations and refer back if appropriate and
time permits.
8. Secretary's Correspondence
The Secretary read out two
letters, one from Jacqui Lait MP, Shadow Secretary of State for Scotland
thanking the Secretary for meeting with her and her colleagues during a recent
visit to Inverness, the other from Norrie Flowers, National Chairman thanking
the Board for their hospitality during the visit of the Joint Central Committee
in June.
9. Any Other Competent Business
There were no items of Competent Business.
10. Time
and Date of Next Meeting
The Fourth Quarterly Meeting is scheduled to take
place at 10 am on
Wednesday 4th December at the Thistle Hotel, 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
