SCOTTISH POLICE FEDERATION
NORTHERN
BRANCH
Minutes of the Third Quarterly
Meeting held within The Thistle Hotel, Inverness on Thursday 9th September
2004.
1.
MEMBERS PRESENT
Alan Drummond (Chairman) Angus
MacLeod
John Finnie (Secretary) Peter
MacPhee
Calum
Steele (Assistant Secretary) Alistair
McBean
John
Jones-Davies (Vice Chairman) David
Miller
John
Crawford Donald
Ross
Graeme
Ednie Malcolm
Taylor
Alasdair
Goskirk Darren Williams
2. APOLOGIES FOR
ABSENCE
Derrick
Cronie - personal commitments
Alex
Forbes - annual leave
Hamish
Grace - personal commitments
Archie
Henderson - duty commitments
Calum
Scott - 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.
5. APPROVAL OF MINUTES OF LAST MEETING
The Minutes of the Last meeting were
formally adopted.
6. MATTERS ARISING
6.1
Legal Advice / Assistance
1.
Ongoing Legal Cases
The draft
Aide Memoire Cards for Authorised Firearms Officers (AFOs), and
Federation Representatives dealing with Post-shooting Incidents, has been
delayed by further necessary legal checks.
Nothing has been heard
from the Force regarding the Restraint by Police Officers for the
Administration of Medication to Mentally Disturbed Patients. It was hoped that a definitive Force
position vis-à-vis vicarious liability and a risk
assessment would be made known.
In the
absence of a written undertaking that the chief constable accepts vicarious
liability in such circumstances, or preparation of a risk assessment, the
Meeting AGREED that Members should be advised NOT to assist in any way with the
administration of medication to mentally disturbed patients.
The Meeting considered the
matter of officers ‘driving ambulances’ and potential legal issues
resulting therefrom. It is understood
that the Head of Operations is liasing with the Scottish Ambulance Service on
this matter. The Meeting AGREED
to monitor this situation and considered that distinction must be drawn between
assistance given by officers in life-threatening situations and any suggestion
of Police Officers providing ‘routine’ assistance due to an insufficiency of
ambulance crew.
Considerable
discussion took place regarding the issue of Police Assault charges not
being progressed or dropped without reference to the ‘victim’. One particular case, for which the
Secretary awaits requested information, was examined in some detail.
The
Meeting AGREED that, to avoid any suggestion that matters were not
progressed due to an insufficiency of information, the fullest possible detail
should be provided to Procurators Fiscal.
The
Secretary gave a report on his membership of the Short Life Working Group
on Review of Police Conduct Regulations.
The
Meeting noted the General Secretary’s Media release on Restorative
Justice in Police Complaints.
6.2
Police Pay and Conditions
1.
Police Negotiating Board Circulars
(available at www.ome.uk.com)
04/09 salary
levels and bonus … Chief Officers Metropolitan Police etc
04/10 amendment
to the assimilation procedure
04/11 merger of
Parks Constabulary etc
04/12 annual
report
04/13 London
Weighting
04/14 pay for
officers of superintending rank
04/15 pay of
chief officer ranks
04/16 revision
to Annex B of PNB Circular 03/10
04/17 pay of
federated ranks, dog handler’s allowance, CRTP
04/18 pay for
cadets
Scottish Executive
Police Circulars
12/2004 The
Police (Scotland) Regulations 2004 and Determinations
13/2004 DNA
Sampling of Police Recruits
14/2004 Independent
Custody Visiting National Standards
15/2004 Special
Priority Payment Scheme
16/2004 Police
Pay Settlement 2004
2. Removal Allowance
The
Secretary is to meet again with the Head of Finance and Asset Management and a
Member of the Human Resources Department management to try and advance the
matter of guidance with regard to reasonable expenses.
Some
ongoing claims have been pegged to the figure of £1,608 and it may be that
matters will have to be referred to the Side Secretaries of the Police
Negotiating Board for clarification.
The
Meeting AGREED that it is vital to have agreement reached regarding
costs associated with transfer agreed prior to the move and incurring of
expense.
(NOTE:
the Meeting, which involved only the Secretary and the Head of Finance and
Asset Management took place on 15th September at which time it was agreed to
recommend the Heads of Finance and Human Resources, the receiving Area
Commander and a Federation Official meet in advance of each proposed move to
consider the reasonable expenses which may be incurred. Further guidance, in the form of a ‘flow
chart’ will also be made available to individual officers).
The Staff
Side of the PNB accepted the SPF claim in respect of expense incurred in
setting up a rental agreement where an officer is moving from his/her
home (but not selling it) to police provided accommodation.
The
Official Side said they would need time to consider the claim but agreed it
appeared to offer both Sides some advantage.
3. Temporary Transfers
The
Meeting AGREED the following guidance for Members;
§
All Federated
ranks are appointed to a ‘station’.
§
Officers who are ‘seconded, temporarily
transferred’ or any other such term which implies prolonged absence from their
appointed station should not be financially disadvantaged.
§ With regard to travel; officers should
either be conveyed by or provided with police transport to convey them from
their appointed station to their temporary station; failing which they should,
where practicable, be reimbursed the actual costs of public transport from
their original station to their temporary station; where it is practicable to
use public transport and an officer elects to use their private motor vehicle,
then the officer should be recompensed at ‘locally agreed rate’; where there is
no police or public transport and an officer uses their private motor vehicle
to travel they should be reimbursed at ‘casual user’s rate’.
§
Prior to
undertaking any such duties, officers should clarify the exact nature of terms
applying to the post i.e. rostering, travel, accommodation and meals.
4. Pensions
The
Secretary reported on; The Police Pensions (Scotland) Amendment Regulations
2004, to come into force on 1st November 2004, covering extensions of the
pensionable maternity allowance period and the option of buying back service
for parental leave; miscellaneous changes to both regulation H and schedule H
re appeals and medical questions; part K revision and withdrawal or forfeiture
of awards and transfer agreement with the British Transport Police; His
response to the Police Pensions Review Working Party and SPPA Pensions
Circular No 2004/3 covering procedures for submitting appeals to SPPA and
degree of disablement guidance.
5. ‘Draft On-call Claim’
This
claim was discussed by the Staff Side’s July meeting at which time it was
agreed that our researchers carry out further work on comparative scheme costs
etc.
6. Regulations /Determinations
The
Police (Scotland) Regulations 2004 and Determinations made under those
Regulations came into force on 25th June 2004.
The Force
has supplied a copy of the Regulations to all Service Unit Managers.
The
Federation Statutory Instruments Handbook (contained in a yellow folder) and
The ‘Representative’s Handbook’ (produced by the Branch) are incorrect and any
remaining copies in circulation should be returned to the Federation Office.
The
Regulations and Determinations will shortly be available to all Federated ranks
through the Branch’s web site www.northernpolicefederation.com
or at www.spf.org.uk.
The
Assistant Secretary has overhauled the Representative’s Handbook and is
also preparing a ‘common regulatory question and answer guide’ for
circulation to all Members.
7.
Distant Islands Allowance
A Member
queried whether the Distant Islands Allowance should be applied pro rata and
the Meeting AGREED that there was no logic to the Allowance being
applied on that basis.
Entitlement
to the Allowance was briefly discussed and the Meeting AGREED to take no
further action.
8.
Officers on Training Courses
The
Assistant Secretary reported on, and gave examples of, significant continuing
difficulties in relation to the arrangements for probationary constables
attendance at the Scottish Police College (SPC).
He cited
as one example the weekend meal arrangements for one officer, for eight weeks,
consisting of supplying that officer a microwave oven.
Some
difficulties have also risen locally with probationers and their attendance on
local courses at Headquarters.
Members
considered that Devolved Resource Management (DRM) was compounding problems,
with Area Commanders taking differing views of the longstanding agreements that
exist to cover such situations.
The
Meeting AGREED the Assistant Secretary meet with Chief Inspector Ian Cox
with a view to establishing the centralisation of all arrangements billing etc
within the Learning Unit in advance of officers attendance at the SPC and any
other local courses.
6.3 Health and Safety
Members
attention is drawn to the National Chairman’s update on the Airwave project,
dated 26th August 2004, available at www.spf.org.uk
1.
Working Time Regulations (WTR) – Workforce
Agreement
The
Secretary advised the Meeting of a recent exchange of correspondence with the
Chief Constable regarding inappropriate comments.
Despite
advising the Chief Constable that the Joint Branch Board remain willing to
consider any proposed changes to the Agreement that ensure legislative
compliance and therefore safe working-practices no specific proposals have
been received.
The Secretary
again 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.”
Discussion
took place regarding the manner in which other Forces apply the Working Time
Regulations. The Meeting AGREED
that the Workforce Agreement signed by the Branch Board and the Chief
Constable was based on appropriate professional advice and the working
practices of other forces and Branch Boards was not a matter for this Branch.
The
Meeting noted that Police Negotiating Board guidance to Police Forces on
Officers Cited to Court During Night Shift has been in force, and widely
ignored, since 1986 whilst the Police (Scotland) Regulations require an
eleven hour gap between rostered tours.
The
Meeting AGREED that the vulnerability of the Sergeant rank regarding
issues of non-compliance with Police and Working Time regulations cannot be overstated.
2. Inspections
Nothing to report.
6.4
Joint Branch Board Constitution
This
whole issue continues to be examined and will be reported on at the next
meeting.
6.5
Group
Insurances
The
Secretary gave an update on the Group Legal Expenses Insurance Scheme and
in particular the present terms whereby defence of civil proceedings brought in
terms of the Sex Discrimination Act is covered whilst ‘prosecution’ is
not.
This
issue is the subject of an ongoing Employment Tribunal Application against
another Scottish Branch Board and the outcome of that case is awaited with
interest.
The
‘Industry standard’ endorsement will henceforth apply to the following Norwich
Union Schemes: Half pay Scheme, Capital Sums Scheme and Group Critical Illness
Scheme now includes the following 1) excluding all war risks and 2)
restricting the maximum liability for terrorism to £1,00000 and excluding
entirely terrorism involving nuclear or chemical or biological or
radiobiological means.
The
Secretary gave an update of the ongoing negotiations to renew the Group
Personal Accident Scheme and, as in previous years, the Meeting AGREED
the Secretary and Assistant Secretary liaise with the Board’s Broker on renewal
terms.
The Group
Life Scheme has no exclusions re war riot or civil commotion.
The
Group Travel Scheme has been renewed for the existing terms and premium
7.
NEW BUSINESS
7.1 Resettlement
Courses
Graeme
Ednie advised the Meeting that he was presently examining the Force’s
Pre-retiral course.
He
believed that the course should be termed a ‘resettlement course’ and have
similar objectives as those provide by the military and that the purpose of any
such course should be to support future employment prospects. To that particular end, he believed all
police training courses should be formally accredited whilst the timing of any
course would be significant, especially with regard to the provision of
financial advice.
Despite
several requests, the Force’s Human Resources Department had failed to respond
with details of the present course’s content, aims and objectives.
Further
enquiry will continue and the matter will be reported on at the next meeting.
7.2 Reimbursement
of Expenses
Graeme
Ednie raised issues regarding the extension of the pay period during which
claims could be submitted, greater use of imprest funds and purchase cards and
the requirement for receipts submitted to be ‘VAT’ receipts.
The
Meeting AGREED that the Secretary should raise these issues with Paul
Fraser, Head of Finance and Asset Management at a meeting scheduled for the
following week.
(NOTE:
At that Meeting Mr Fraser AGREED that the foregoing items would be
considered as part of a internal audit review scheduled to take place in the
near future.)
7.3 Disability Discrimination Act (DDA)
Draft
Home Office Guidance on the Police and the Disability Discrimination Act has
been responded to.
A Home
Office Manager’s Guid
