Northern Police Federation

SCOTTISH POLICE FEDERATION

NORTHERN BRANCH

Minutes of the 3rd Quarterly Meeting held within The Glenmoriston Hotel, Ness Bank, Inverness on Thursday 1st September 2005.

1. LIST OF MEMBERS

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John Crawford

D Craig Dale

John Jones-Davies (Vice Chairman)

R Alan Drummond (Chairman)��

Graeme Ednie��

John Finnie (Secretary) ��

Alex Forbes ��

Hamish Grace

Alastair McBean

David Miller

Donald Ross

Callum Scott

Calum Steele (Assistant Secretary)

Darren Williams

2. APOLOGIES FOR ABSENCE

Derrick Cronie � Annual Leave

Alasdair Goskirk � Funeral

Angus MacLeod � Duty Commitments

Peter MacPhee � 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/CONDUCT

The Federation are now sighted on the Report on Modernising Scottish Police Complaint and Conduct Legislation.� A Meeting has been held with ASPS and ACPOS to discuss common ground in relation to the report, the most significant proposal being the creation of an ombudsman to oversee any revised system.

The Secretary continues to represent the Federation nationally on a working group examining this and associated issues, however, will shortly handover this responsibility in order that longevity of membership can be assured.

ACPOS Code of Practice for Ambience Listening, now on its 6^th version, will be examined by Federation Solicitors.

O2 provide Forces with records of when the ambience listening facility has been activated and, in common with other Branches, a request has been made for the Force to provide this information which we have been assured will normally be utilised for Health and Safety purposes.

Members AGREED that the Force should be providing the necessary guidance to Control Room staff as to when this facility should be used.� The Secretary undertook to pursue this matter.

Regarding DNA Samples provided by Police Officers for elimination purposes, the following information has been provided by the Head of the Police Science Laboratory, Strathclyde.

1. Where are the samples kept?

The Scottish samples are held and analysed at the Police Laboratory in Dundee.� The actual sample is destroyed and the details of the DNA sample are stored electronically.

There are in effect 2 databases.� A crime database and an elimination database.� The elimination holds details the samples obtained from Police officers, Police support staff from Forces and Police Laboratories.

There is also an England and Wales database, which is held in Birmingham.

2. Who checks them?

The files can only be checked by accredited staff, of which there are two in Scotland both employed by the Police Science Lab.� They are the only people who can access the files.

3. Do the samples get destroyed?

The laboratory will weed thy system of Police officers on cessation from the service.� There is no physical destruction required as the entries are held electronically.

6.2 POLICE PAY AND CONDITIONS

The Secretary reminded the Meeting that the Heads of Agreement �package� introduced by the then Home Secretary David Blunkett is due to end in March next year.

Already, there are signs that a further sustained attack on terms and conditions is underway with the failure by the Home Office, under Charles Clark, to renew the contract for collecting the data that informed the uprating mechanism for the annual pay award.

The Secretary advised that it is likely that some unpalatable elements such as annualised hours may resurface.

The Chairman outlined the background to alterations to terms and conditions in other areas of the public sector where funding related to evidenced performance.

� �� 1.�� PNB & Other Circulars

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The above can be found at www.ome.uk.com and /or www.spf.org.uk.

PNB Circular 05/9 covered the pay of Federated Ranks, Dog Handler�s Allowance and Competence Related Threshold Payment

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2. Removal Allowance��

The Secretary gave a detailed update on the extensive discussions which had taken place between the Head of Finance, himself and the Assistant Secretary.

Substantial progress had been made and it is hoped that meaningful, jointly agreed, advice can be issued in the very near future.

The Secretary advised that guidance would cover the question of timescales which applied in relation to house building on relocation.

Reimbursement of rental costs associated with relocating has been agreed, and will be incorporated in the above advice.

3. Pensions

A Bulletin The New Pension Scheme & What it Means For You is widely available.� Members of the existing Police Pension Scheme can be assured that there is no retrospective penalty.

Following discussions with the Force it is possible that Independent Actuarial Advice will be made available by Northern Constabulary.

The Secretary reminded the Meeting that pension�s advice was professional matter and that no Representative should provide any information to Members which could be construed as being pension�s advice.

4. Vetting

The Federation are now involved on the ACPOS Group looking at Vetting which will be discussed at the next Meeting of the Police Advisory Board for Scotland.

6.3 HEALTH AND SAFETY

Following participation in the UK Federations Inspections of Custody Areas, some significant points highlighted were;

1. Evidence that custodies taken into Reception area were not routinely handcuffed.�

2. Evidence of non-compliance with the Force�s Smoking Policy.

3. With two exceptions locations checked continue to have ligature attachment points within cells and detention rooms.� Whilst acknowledging design difficulties, the Force�s continuing disregard of this matter is disappointing given repeated intimation of this matter which featured significantly at a Fatal Accident Inquiry a number of years ago.

4. Use of custody processing areas for storage purposes afforded an assortment of items which could be used as weapons.

Much of the Board�s detailed submission in respect of the Force�s draft Force Reference Document on Uniform has been incorporated.

The Assistant Secretary is to sit on the Group examining Uniform.

The Secretary highlighted concerns raised at the last meeting regarding standardisation and quality of officer safety training at the Policy Forum and received an assurance that this matter was at hand.

Comment was also passed on apparent Officer Safety failings implicit in information provided in Accident at Work Reports.

Mention was also made of continuing under-reporting of accidents, injuries and near misses at work.

The Assistant Secretary is compiling a Database detailing the location and time, type and cause of accident, and whether any investigation was carried out.

This Database will prove vital for Members in cases of litigation against the Force, and to that further stress the importance of full and accurate reporting.

The Force have produced a Risk Assessment Access to Vessel at Sea � NE/17636/05

JCC Circular 141/2005 National Police Health Screening Programme covers Airwaves � Imperial College, London, Health Monitoring Study and is available at www.spf.org.uk.

6.4 JBB CONSTITUTION

The Board�s Web Provider is in the process of developing a mock secure voting forum which members of the Board should be able to view in the not too distant future.

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The electoral initiative is taking place alongside further developments of our Website and will be circulated to Representatives to view the proposals and test the security.

�� 6.5 �� CBRN

�� Nothing to report.

6.6 G8 SUMIT

The event did not pass off without incident, and in some cases significant discomfort, for Members.

The vast majority of claims for payment were scrutinised by the Assistant Secretary.

It is hoped that all attendees used the opportunity to provide the feedback invited.� Similarly, the Branch provided detailed comment on regulatory, statutory and organisational shortcomings.

The Secretary and Assistant Secretary were thanked by Members in respect of all the general work done in relation to this event and specifically in relation to the remuneration of Inspectors.�

6.7 ISLAND GAMES�

Darren Williams reported that the event passed off well.

7.�� NEW BUSINESS�

1.�� Grievance Procedure / Harassment and Bullying Policy

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Several years ago, concerned by the Force�s continuing failure to adhere to its own Grievance Procedure, the Board passed a motion, subsequently adopted by our Annual Conference, to have this matter examined nationally and have put in place mechanisms for internal conflict resolution which would enjoy the confidence of our Members.

The matter was to have been referred to the Police Advisory Board for Scotland, however, the Federation nationally was persuaded that the matter could be addressed by the three staff associations outwith that forum.

There followed years of procrastination by ACPOS, however, they have now finally agreed to have the matter considered in advance of the PABS Meeting in October.�

Locally, concerns regarding non-compliance with timescales, deviation from agreed policy and lack of confidence by those to who grievances were directed� prompted the Secretary to write both the Chief Constable and Director of Human Resources outlining those concerns.

A detailed breakdown of the number, nature and outcome of grievances has been obtained from Human Resources and some very preliminary discussions taken place on mediation, a method of conflict resolution.

These concerns extend to the inadequacy of the existing harassment and bullying Force Reference Document and indeed how it sits in relation to the existing Grievance Procedure and related issues of alleged misconduct.

The Secretary and Assistant Secretary are involved in ongoing dialogue with the Human Resources Department about conflict resolution, and additionally, the Secretary is shortly to meet with the Deputy Chief Constable to discuss concerns about bullying and those discussions will involve ideas of how training could be developed to improve the present situation.

2. Workforce Agreement

Hamish Grace queried whether, if evidenced by Risk Assessment,� the 8 hour restriction on night-working, based on identified and evidenced special hazards, could be relaxed in relation to the Federated Ranks working within the Control Room and be replaced by 9 hours.

The Meeting AGREED that;

� subject to a satisfactory Risk Assessment evidencing the acceptability of the proposed change, support would be given to the request.

� as is agreed practice, such Risk Assessment would not be compiled by a Board Member.

� following receipt of a any satisfactory Risk Assessment, it would be for Hamish to liaise with the Secretary regarding progression of the issue which would be via a formal proposal to the Chief Constable for incorporation of this caveat in the Workforce Agreement.

The Meeting AGREED it appropriate the Minute stresses the decision;

� relates to a specific group of staff i.e. the only non-operational Members working full 24 hour rotational shift

� was not about any particular shift pattern or Variable Shift Arrangement

� would not impact on any other group of Members.

3.�� Group Insurances

Following excellent work by our Broker, Gordon Carmichael, all existing Group Insurances are being renewed with no overall increases applied.� A reduction in Group Life Spouse cover was offset by an increase in the Travel Scheme and the overall effect for premia is status quo.

The Group Travel Scheme will be re-written and updated for the next renewal on 21st October.� Cover will be improved and all Members will receive a revised policy in due course.

8.�� AOCB

1. Federation Rule Change

The Secretary gave a report on proposed changes to National Rules expressing the hope that participants in recent discussions will adhere to undertakings given.

2. Variable Shift Arrangements (VSA)

The Secretary reported that in recent weeks further VSAs had been agreed�� for the Dog Section and the Black Isle Section.

The Secretary had been approached by an officer in the Western Isles proposing a VSA, for uniformed officers in Lewis and Harris, which sought to have annual leave calculated in hours.�

The JBB have always refused to agree any VSAs requiring annual leave to be other than being taken in days.

The Secretary advised that it was unprecedented for such a proposal to emanate from officer wishing to work a VSA.� Indeed, to date, such proposals had always come from managers, been rejected by the JBB and, in each case, the VSA went ahead on the basis of annual leave being in days.

The proponent of the VSA advises he has contacted those who would fall within its scope and received 100% support for the Arrangement whereby leave is calculated in hours.

The Secretary advised that the issues he considered the Meeting had to examine were;

Does the Board alter a long-standing position, based on the fact that officers would receive less annual leave days, which is at odds with the wishes of a particular group of officers?

Were the Board to agree to this change what, if any, are the wider implications for other VSAs in operation and indeed areas where non VSA patterns do operate?

The matter was discussed at great length following which the Meeting unanimously AGREED;

� Transforming days leave into hours of leave always results in a reduction in the number of days annual leave.

� Annual leave days enjoy more protection that other days.

� No explicit regulation exists sanctioning annual leave in hours.

� The Board will support this proposed VSA so long as annual leave was NOT calculated in hours.

� The Board will not move from its position that annual leave be calculated in days not least as to do otherwise was a dilution in terms and conditions for which no regulatory references existed.

� To accede to this request could have implications for other VSAs in operation, not least as it was understood that the Chief Constable did not favour VSAs and therefore support for the existing Arrangements could be threatened or indeed withdrawn as has happened in two locations within the last year.

�� 3.�� Force Reference Document D7 Deployment and Selection

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The Assistant Secretary advised the meeting that following a recent in depth examination of the Deployment policy it is his view that it may contain discriminatory elements.

He suggested that continued Federation involvement with the current Deployment and Selection process may leave the Board vulnerable to litigation, albeit the Board has trade union status in anti-discriminatory legislation.

He advised that the current Force Reference Document on this subject requires to be examined to ensure that the Board is not vulnerable.� It is hoped to have the issue clarified prior to any further meetings on deployment, however, this would require the co-operation of the Force with the provision of statistics requested some time ago.

The Meeting AGREED that it would be a retrograde step, unacceptable to the Membership, to decline to participate in the redeployment process.

The Secretary and Assistant Secretary indicated that, given the dubiety that existed, they would not participate until they were satisfied that the process was not open to challenge.� They hoped the Force would attempt to understand this position and stop procrastinating with information legitimately requested in order that they could resume representing the Membership in this vital area.

8.�� SECRETARY�S CORRESPONDENCE

1. In addition to routine items of correspondence, the Secretary outlined a request received from the Christian Police Association (CPA) to have a link placed to the Branch�s Web Page.

The link provided related to a firm of Accountants in the United States, however, the Secretary advised that the actual CPA website contained a number of links to American religious sites.

The Board had previously taken decisions not to affiliate to any particular religious group believing that is appropriate for the Board to be viewed as a secular organisation and the Meeting therefore AGREED not to put a CPA link on our Web Page.� However, the Meeting approved the �banner� supporting the Police Dependents Trust placed on the Home Page.

2. Communication was received from UNISON thanking Federated Members for help and support given during the recent day of industrial action.

9. �� TIME AND DATE OF NEXT MEETING

The next meeting will be the Fourth Quarterly Meeting which is scheduled to take place at The Glenmoriston Hotel, Ness Walk, Inverness commencing at 10am on Wednesday 7th December 2005.

10.�� CLOSURE OF MEETING

The Chairman closed the Meeting by thanking everyone for their contribution and in turn was thanked in the customary manner.

Alan Drummond�� John Finnie

JBB Chairman�� JBB Secretary