Minutes of the Third
Quarterly Meeting held within The Thistle Hotel, Inverness on Wednesday 10th
September 2003.
1. MEMBERS
PRESENT
John Finnie (Secretary) Alan Drummond (Chairman)
David Ross (Assistant
Secretary) John Jones-Davies (Vice-Chairman)
John Crawford David
Miller
Derrick Cronie Donald
Ross
Graeme Ednie Calum
Steele
Reay MacKay Malcolm
Taylor
Peter MacPhee Darren
Williams
Alistair McBean
2. APOLOGIES
FOR ABSENCE
Hamish Grace - Sick Leave
George Murray - Duty
Commitments
3. OPENING
OF MEETING
The Chairman opened the
meeting by welcoming everyone present, particularly John Crawford and Darren
Williams, both attending their first meeting.
The Chairman indicted this too was his first Meeting and it would always
be his intention that Members be given every opportunity to contribute to the
discussions.
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 issues of access
afforded the Criminal Case Review Commission, and the retention of
records, were discussed by the Joint Central Committee's Efficiency Conduct and
Complaints Standing Committee.
A Legal Opinion obtained
regarding the function of the Commission outlined the wide-ranging powers it
has, including the power to demand access to all records held. It's understood that the Force intend
operating a 12 year retention policy.
As a result of the draft document 'Firearms (Police
Use Of) - Investigations and Remedies - F9', a very detailed Legal Opinion
has been received on 'Advice Firearms Officers - Post Shooting Incident'. A number of significant issues resulting
from this Opinion require both local and national deliberations and it was AGREED
that this matter would be progressed with some urgency by way of some
preliminary discussions at the forthcoming JBB Secretaries' meeting.
The recent meeting of JBB Secretaries heard from Ian
Woodhead, Assistant Secretary of Lothian & Borders, on both his experiences
and the learning outcomes from a recent incident in West Lothian.
Aide Memoire cards for Authorised Firearms Officers
(AFOs) and Federation Representatives attending such incidents are to be drawn up in
conjunction with the Federation's solicitors.
The Meeting acknowledged the need to ensure
arrangements reflect the dual needs of protecting the individual rights of
AFOs, and indeed elected Representatives, and ensuring thorough and timely
investigation. It is understood that
there are ongoing discussions between the Area Procurator Fiscal and Crown
Office regarding investigation of such incidents.
2. Discipline
/ Misconduct
Following the Assistant
Secretary writing Crown Office, Mr Napier, Area Procurator Fiscal acknowledged
that, with regard to the case of police assault charges being dropped and
substituted by a Breach of the Peace charge, no reference had been made to
the victim. He has since issued
instructions that, henceforth, officers will be consulted.
Concerns regarding the
proportion of police assault charges dropped has been encapsulated
within a wide-ranging letter on 'Court Disposals' sent to the Justice Minister
by the General Secretary.
Members commended the Area
Commander Ross, Cromarty and Skye's instruction that, with increased
levels of violence being directed towards officers, and whilst acknowledging
the need for each individual case to be treated on its merits, those accused
of police assault should, wherever possible, be retained in custody.
RETAIN
6.2 Police
Pay and Conditions
1. PNB
(Police Negotiating Board) and Other Circulars
PNB Circular 4/2003 - Annual
Report 2002 / 2003
PNB Circular 5/2003
(Advisory) - Amendment to the current provision for parental leave
PNB Circular 7/2003 - Amendment
to PNB Constitution Amended constitution document
PNB Circular 8/2003
(Advisory) - Incidental Expenses allowance for those attending residential
training courses
PNB Circular 9/2003
(Advisory) - Cadets Pay
PNB Circular 10/2003
(Advisory) - Pay of Federated ranks, dog handlers' allowance, PSNI allowance
and temporary non-pensionable supplement for inspectors and chief inspectors in
the PSNI
PNB Circular 11/2003
(Advisory) - London weighting
PNB Circular 12/2003
(Advisory) - Pay of superintending ranks
PNB Circular 13/2003
(Advisory) - Pay of chief officer ranks
PNB Circular 14/2003 - Managing
Overtime: Guidance (amendment)
Police Circular (Police Pay
Settlement 2003)
SPPA - Police Pensions
Circular 3/2003
SPPA - Police Pensions
Circular 4/2003
S.I. The Police Pensions
(part-time service) regulations 2003 - draft
RETAIN
2. Removal
Allowance
Following further
consideration by the Side Secretaries, the Police Negotiating Board instructed
the Force to make full and immediate recompense to the four officers with outstanding
claims. Payment has since been made
and Guidance on NOW is to be revisited by the Secretary, Human
Resource and Finance Departments to ensure that all advice is current and
accurate.
The Assistant Secretary
advised that one of the officers concerned had requested that the Minute
reflect his thanks for the Secretary's efforts in securing a satisfactory
outcome to this long-running issue. The Meeting acknowledged the work done by
the Secretary in these cases.
RETAIN
3. Subsistence
Allowance
Following an initiative by Calum
Steele, contact was made with the Head of Human Resources regarding the up
rating of the unreceipted expense figure of £4.20. This figure was linked to the rate of 'out
of pocket incidental expenses' which has since increased to £4.32.
(NOTE: as per Force Information Bulletin announcement, the unreceipted
figure has now been up rated to £4.32 w.e.f. 1.4.2003).
The review of the operation
of the new arrangements has yet to take place but will include feedback from
Representatives on concerns about differing interpretation placed on the term
'reasonable', the potential for differing standards to be applied to officers
attending the same event and the potential benefits of Force Credit cards.
The Secretary is shortly to
meet with the Head of Human Resources and the Finance Department to discuss
arrangements and guidance regarding direct billing of claims, including some
elements of removal expenses, which could reduce the administrative burden on
officers and have consequential VAT savings for the Force.
The issue of reimbursement
of officers who elect to stay with friends or relatives rather than making use
of 'approved accommodation' was raised with the Force who are unwilling to
alter existing arrangements.
RETAIN
4. Distant
Islands Allowance
The Secretary advised the
meeting that this issue had been the subject of detailed examination by the
Federation accountants who had prepared a report thereon. This report was
circulated to Members and it was AGREED that they undertake a full
consultation with their Membership and provide a written report to the
Secretary prior to the next meeting.
RETAIN
5. Future of
Community Engagement
The
Meeting discussed the issue of 'community wardens' at considerable
length. Among the views expressed were that
'wardens are a cheap option', 'wardens could provide a high visibility
presence' and 'it should not be viewed as a luxury to have police officers
patrolling'.
Areas of concern related to
a presumption that because money was made available for warden schemes that
this was not direct 'police' money, the question of 'control' being exercised
and the implications for vicarious liability.
Members shared the Chief Constable's view that 'wardens are not part of
the police family'.
The Meeting's attention was
drawn to in-Force documents which indicate that the Force 'would have to be
heavily involved in the day-to-day management of the ('warden') scheme' whilst
another document alarmingly suggested that the 'crime indicators' by which the
worth of any warden scheme would be judged would include 'home burglary and
other burglary'.
It was AGREED that
the issue of 'wardens' be placed on the agenda of the next meeting of the Joint
Negotiating and Consultative Committee in December.
RETAIN
6. Regulation 24 - Travelling Time
Following discussion with
the Force it was agreed to refer two specific queries regarding any
reimbursement of travel costs associated with this regulation to the PNB Side Secretaries.
RETAIN
7. Force Reference Document - D7 Deployment
and Selection Procedure for Constable, Sergeants, Inspectors and Chief
Inspectors
The Assistant Secretary
gave an overview of revised draft procedures, previously circulated to Board
members.
Following lengthy
discussion it was AGREED that the proposed changes were a positive
development and that the Assistant Secretary would compile, and circulate to
Members, a composite response highlighting the issues raised.
RETAIN
8. 'Temporary
Transfers'
The Secretary met with Head
of Operations regarding the variety of circumstances, which could be termed
'temporary transfers'. Service Unit
Managers have been consulted by the Head of Operations about this issue and a
meeting will be scheduled to consider their responses with a view to compiling
appropriate guidance thereon, in conjunction with the Side Secretaries's response regarding Regulation 24.
RETAIN
9. Bonus
Payments
In line with the Reform
Programme, the Force compiled a Force Reference Document outlining their
version of the Bonus Payment Scheme.
Following consultation, Members AGREED that whilst recognising
individual officers desire to increase their remuneration, the Scottish Police
Federation remains opposed to what it considers a further wholly divisive
scheme.
DELETE
10. '30 + Scheme'
The '30+ Retention Scheme'
has been extended to include up to 30 English and Welsh Forces. Initial uptake has been poor. At this time, there are no plans to pilot such
arrangements in Scotland. Any officer
requiring details should contact the Federation Office.
DELETE
11. Special Priority Payments
The PNB has set up a
working group to review the allocation of these payments. Indications are that the Home Secretary is
prepared to increase the percentage of offices eligible to receive these
payments, however, there is no indication that any further money will be made
available.
DELETE
12. Incidental
Expenses
PNB Circular 2003/8 uprated
this expenses from 1st January 2003, however the Official Side of PNB have
advised that they wish to 'engage in dialogue to consider the phasing out of
this allowance'. The Staff Side will
evidence the need to retain such payments.
RETAIN
13. Annual
Leave
The Staff Side of PNB have
tabled the following claim for an increase in Annual Leave entitlement; On
entry 25 days, 2 or more years service 30 days and 10 or more years service 35
days.
RETAIN
6.3 Health
and Safety
1. Working
Time Regulations (WTR)
The Workforce Agreement was
renewed on 28th August, unchanged until 1st December
The Force proposed the
following alteration to 'night-shift working';
'Police officers and support staff may work rostered tours of duty of up
to 12 hours duration, subject to exceptions as indicated below.
The duties of some police
officers and support staff may involve special hazards or heavy physical or
mental strain.
When planned activity is
identified by risk assessment, as subjecting police officers or support staff
to special hazards or heavy physical or mental strain, a compulsory control
measure will be applied limiting the rostered shift to a maximum of 8 hours
duration'.
This proposal was
circulated to Representatives to consult with their Members and, following
considerable discussion, the Meeting AGREED not to alter the existing
Agreement.
RETAIN
2. Officer
Safety Equipment
The issue of wet weather
gear has not been progressed by the Force.
The question of a 'corporate' approach to the issue of uniform, in
particular the question of fluorescent vests, will be progressed through the
Officer Safety Working Group.
The Assistant Secretary
reported on a presentation of the TASER equipment, which was given at
the recent meeting of the Joint Central Committee. This equipment is currently
on trial in five Forces in England and Wales and further developments will be
monitored.
RETAIN
3. Inspections
The Inspection process
continues with the recent round paying particular attention to custody
areas. Discussions have taken place
with
the Estate Department
regarding their early involvement in remedying structural faults.
RETAIN
4. Infection Control
The Health, Safety &
Welfare Manager has produced 'awareness' information on Blood Borne
Viruses. The intention is to ensure all
'at- risk' staff are offered a vaccination for Hepatitis B. Awareness leaflets have been obtained and
will be circulated.
RETAIN
5. Risk Assessment
The issue of medicals
for the Special Constabulary has been referred to the Force for their
attention.
RETAIN
7. New Business
7.1 Special
Constabulary
Calum Steele gave a
detailed report on research he'd undertaken into the training and deployment of
Special Constables throughout the Force.
He highlighted that in one
area there had been no training at all in the last three years whilst in
another individuals are being deployed without any training at all thereby
placing Regular Officers, the public and themselves at considerable risk.
It was AGREED that
the Secretary write to the Chief Constable highlighting concerns about this
unprofessional approach, commending the 'recommendations' of the 1996 ACPOS
Report on the Special Constabulary and in particular the need for each Special
Constable to be given a minimum 60 hours class-room based training prior to
their being deployed operationally.
RETAIN
7.2 Web
Page
The Secretary reported that
the Branch was the first in the UK to have a dedicated Web Page and, from the
outset, the intention was to utilise every opportunity to impart information to
the Membership.
The existing site was put
in place with the invaluable assistance of a Member, Cameron MacRae.
Technological developments and time demands mean that the decision was taken that
the site was subject to a substantial overhaul. A tendering process was initiated from which a supplier has been
identified.
The content and format are
at an advanced stage and it is hoped to have the new design launched by the end
of the year. The expectation is that,
given the increased level of access members have to the internet, both at work
and home, paper 'circulations' will be kept to a minimum.
RETAIN
7.3 Renewal
of Group Insurances
The Secretary reported on
the progress of negotiating the various Group Insurances for the renewal. The
Meeting AGREED to delegate the negotiation to the Full-time Officials
and that any potential savings should be offset against increased benefits.
Full details of any changes will be advised at the earliest opportunity.
RETAIN
8. AOCB
The Meeting AGREED John
Jones-Davies request that the electoral process by put in place to fill
outstanding vacancies.
9. SECRETARY'S CORRESPONDENCE
The Secretary advised the
Meeting of a request for financial assistance and, after discussion, it was AGREED
not to lend support.
10. 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 3rd December 2003.
11. CLOSURE OF THE MEETING
The Chairman closed the
Meeting by thanking Members for their contributions and wishing them a safe
journey home.
The Chairman's able
chairing of his first Meeting was acknowledged in the customary manner.
JOHN B FINNIE ALAN
DRUMMOND
JBB Secretary
JBB Chairman
