Minutes of the 4th Quarterly Meeting of the Northern
Constabulary Joint Branch Board held at Police Headquarters, Inverness on 6th
December 2000.
1. MEMBERS
PRESENT
Murdo Cameron Alan Heath
James Simpson (Chairman) Derrick Cronie
John Darcy (V/Chairman) John Jones-Davies
Graeme Ednie Reay
MacKay
John Finnie (Secretary) Fiona
MacLeod
Murdo Fraser Bob Pollock
David Ross (A/Secretary)
2. APOLOGIES FOR ABSENCE
Alan Drummond - Assessment Centre
Alistair McBean - Scottish Police College
George MacDonald - Temporary duties in Kosova
John MacDonald - Assessment Centre
Tom Ogilvie - Sick Leave
Nigel Stafford -
Scottish Police College
3. OPENING OF MEETING
The Chairman opened the
meeting by welcoming everyone present, particularly Graeme Ednie, newly elected
for Headquarters and Inverness and Bob Pollock attending his first meeting
since his election in March and invited everyone to play an active part in
discussions.
4. ADOPTION OF STANDING ORDERS
Proposed by Derrick Cronie
and seconded by David Ross
5. APPROVAL OF MINUTES OF LAST MEETING
Proposed by David Ross and
seconded by Murdo Cameron subject to the following alterations; add "Murdo Fraser" to this list of
"Members Present" and at "6.9. Health and Safety", the
fifth paragraph should have read " The Chairman, the Board's Health and
Safety Advisor, is"
6. MATTERS ARISING
6.1 Legal
Advice/Assistance
1. Ongoing
Legal Cases
There
are presently sixteen cases, involving eighteen officers, on-going.
2.
Discipline/Misconduct
The
Federation, nationally, have been sent a copy of the Liberal Democrat's
"Policy Initiative -Complaints against the Police" which they
published on 1st November 2000.
Due cognisance of this document will be
taken during any future consultations by the Scottish Executive on the
Independent Investigation of Complaints Against the Police.
The Board will monitor the progress of an
action by a retired officer from another Force who is independently challenging
Misconduct Procedures under the Human Rights Act.
RETAIN
6.2 Police
Properties/Housing
The
meeting commended the efforts of Mr Angus MacLeod, the Estates Manager, whose
untiring efforts will ensure greatly improved office working conditions for
Members in Lerwick and Wick.
The
question of "Security - Rural Police Stations" is progressing and
will form part of forthcoming Health and Safety Inspections.
RETAIN
6.3 Criminal Injuries Compensation
There
are presently eleven claims being progressed three of which are the subject of
legal assistance.
The
Secretary advised the meeting whilst even minor damage to a police vehicle
resulted in in-depth reporting, the under reporting of at-work injuries
continues unabated and may be reflected in potential claims for criminal
injuries compensation being missed.
If
any officer has enquiries regarding the Criminal Injuries Compensation Scheme
they should contact their Local Representative who has been provided with
Guidance Notes.
Members
should appreciate that there is an absolute requirement for medical
assistance/advice to have been sought prior to the submission of a claim and be
aware that it is vitally important that all Claims Forms are forwarded to the
Secretary from whom further advice is available.
RETAIN
6.4 Northern Police Convalescent Home
(NPCH)/ St George's Fund
The
system of referrals to the NPCH through the Federation Office is working well
with the current waiting list approximately 4 weeks. Application Forms are available from the Federation Office.
Though
very high, not every officer subscribes to the Northern Police Convalescent
Home and/or St George's Fund and anyone wishing to join need only send a
memorandum to the Payroll Section to that effect. (Codes 819 & 870).
It was
again noted that Members returning from the Home speak very highly of the
facilities.
DELETE
6.5 Joint
Negotiating and Consultative Committee (JNCC)
This
committee has not met since the last Joint Branch Board Meeting however the
Board discussed the following issues, which had all been raised at the last
meeting of the JNCC.
1. Protective
Equipment
Measurements for the body armour have now been
completed in most Area Commands with those completed having been forwarded to
the manufacturer, it is hoped that the armour will be ready for issue early in
the New Year.
The CS Incapacitant Spray and storage units for same
have now been delivered and will be issued to Officers when they have completed
the relevant training.
The ASP batons have also been delivered but will meantime
not be issued as the holder for the baton are still awaited. When the holders are received the batons
will be issued as Officers have already been trained in the use of the baton.
It
was agreed that the Secretary examine issues around the provision of a personal
locker suitable for damage-free storage of the new equipment.
RETAIN
2. Grievance
Procedure
Peter
Lamont, Head of Administration, submitted his report on the Force's Grievance
Procedure to the Chief Constable in September 2000. To date, the Chief Constable has neither published nor consulted
upon the recommendations contained therein.
The
Human Resources Department have a obligations to provide statistical
information on Equal Opportunities to the Scottish Executive though not
meantime on the Force's Grievance Procedures.
The meeting agreed that whilst some recent improvement
is evident, it has become apparent that, save the few occasions when matters
fall within the scope of Employment Tribunals, the Grievance Procedure, like
many other hard-worked "force personnel policies" is selectively
ignored.
The
Chairman, submitting a grievance on an issue affecting the entire Membership,
noted "it appears our (force personnel) policies are to be seen and
admired but not acted upon."
Members
noted that whilst dealing with a recent grievance, the Chief Constable advised
the officer of their access to Her Majesty's Inspectorate should they be
dissatisfied with the outcome of Stage 3.
RETAIN
3. Risk Assessments & Health and Safety
Inspections - see "6.9"
4. Stress
As a resulting of the widely conflicting professional
views which exist regarding "Critical Incident Stress Debriefing",
the Draft Force Reference Document remains the subject of ongoing discussions.
The meeting were aware of, and expressed no surprise
regarding, recent research by Labour Research Department among Health and
Safety Representatives which indicated "two out of three safety reps said stress
at work was a major health and safety concern". The research also revealed
"poor management was found to be the top cause of stress - 58% of
respondents said it was the main cause".
The Secretary advised the Board of his personal
frustration that, since raising the issue of "stress" for the first
time at the JNCC on 18 March 1991, the Branch Board's consistent concerns have
been met by apparent indifference by the Northern Constabulary.
Members noted that, in terms of the Force Reference
Document "a stress risk assessment
will be included in all job descriptions, operational planning and operational
activities." Since the inception
of this Document on 11th October 2000 there is no evidence that compliance has
occurred and the meeting agreed the Secretary raise this with the Deputy Chief
Constable and Head of Human Resources.
The Branch Board are solely responsible for the
provision to all Federated Officers of a "Stress Counselling
Helpline", staffed by professionals, 24 hours a day, 365 days a year.
(Telephone Number 08705-234999).
The meeting hope the Force will recognise it's duty of
care in this vital area , failing which it can only anticipate further
litigation.
6.6 Insurance
The Secretary reported that all the Insurance Scheme
put in place by the Board
continue to operate satisfactorily.
DELETE
6.7 Police
Pay and Conditions
The Secretary advised the meeting that national
negotiators are dealing with the "PNB Joint Working Party on Pay"
and "Regional Allowance" details of which he trusted Members
would accept meantime remain "Private and Confidential".
The provision of a "Standby (On-Call)
Allowance", under discussion at PNB for some time is, once again, the
subject of research with the implications for "working time" to be
considered in light of returns.
Local Representatives are collating the necessary
information and it is to be hoped that, on this occasion, all the other
Scottish Branch Boards will support the compilation of the questionnaire. (NOTE - the agreed position of the Scottish
Police Federation, the Association of
Scottish Police Superintendents and the Association of Chief Officers in
Scotland is that officers can only be "on" or "off"
duty. Any officer electing to be
"on-call" is to be regarded as doing an obligement.)
Legal advice has been obtained regarding Regulation
22 "Overtime" which states "the language of 22(5) is that
time off is granted 'equal … to the period of overtime worked'. There is no reference here to the
disregard" (of the 30 minutes).
In practice any officer electing to take time off in lieu of additional
hours worked should not deduct "the first half-hour".
1. Pensions
The
Human Resources Department have agreed to advise the Federation Office of any
enquiries from Federated Officers regarding Extension to Service in order that
the fullest information can be supplied regarding the wide-ranging pension
implications.
2. Police
Negotiating Board (PNB)
a) Minutes - none
b) Circulars
-
00/14 back pay for officers who worked part-time
between 1/7/92 and 31/8/98
00/15 the
effective date of the PNB's earlier agreement on the treatment of police
officers transferring from the British Transport Police to Home Department
Forces
00/16 introduction of a career break scheme for
the police service
00/17
Guide to Negotiable Conditions of Service
3. Legislation
Scottish Executive Police Circular No
10/2000 Police Pay Settlement 2000
4. Consultation
Documents
The following Consultation Documents have been
responded to; National Policy for the Recruitment, retention and Development
of Minority Ethnic Staff within the Scottish Police Service and Tagging Offenders:
The Role of Electronic Monitoring in the Scottish Criminal Justice System.
The following document will be responded to in due
course: Redressing the Balance: Cross Examination in Rape and Sexual Offence
Trials.
5. Police Removals - Regulation 47
Following problems encountered by an Officer the
Assistant Secretary wrote to the Chief Constable expressing concern at the lack
of information provided to Officers transferring, a reply is awaited.
A query regarding the cost of Mortgage Indemnity Premiums
being included in the mortgage costs was addressed by the PNB and deemed to be
qualifying expense.
The Secretary had placed an entry in a recent
Federation Bulletin regarding mis-information placed by the Force on PINS
encouraging "any officer who has encountered difficulties being reimbursed
such costs, particularly survey fees, should send WRITTEN
details to the Federation Office and a check will be made to confirm
whether officers have been fully reimbursed".
The Secretary agreed to examine the issue of retention
of original receipts by the Force following submission of claims. Members expressed concern that the absence
of original receipts could invalidate guarantees.
6. Force Structure
On 6th November, the Justice Minister Jim Wallace
announced his adoption
of the Steering Group's proposal that the eight forces
be retained.
7. Working Time Regulations 1998
These Regulations were discussed at the Human
Resources Practitioner Group on 21st November 2000. It was agreed that the accurate recording of working time was
essential and that the current paper based system was both cumbersome and
inadequate. The early progression of a
computer-based system was considered to be desirable and, in the meantime
current practise being adopted in Area Commands is to be examined to determine
best practise with paper recording. The Assistant Secretary advised the Board
that at this meeting Ian Collins, Health, Safety and Welfare Manager, was to
have addressed questions raised by Area Commands/Service Units, however, in the
event only three questions were dealt with.
Board Members were encouraged to submit any questions on the
Regulations, either from themselves or their respective areas, direct in writing
to Ian Collins.
6.8 Force Personnel Policies
The Secretary advised the meeting that he was
concerned at an apparent reluctance on
the part of the Head of Human Resources to respond to written
communications
from the Board.
Members agreed that this situation
will not continue unchecked.
The Secretary advised the meeting that a number of
officers, and their families, have
been subjected to unnecessary anxiety by the
inefficient manner in which a several
retirals have been administered in the last year.
On occasions delays in the decision-making process can
result in officers suffering
unnecessary financial penalties under the Police
Pension Regulations. The services of
the Federation solicitors have and will continue to be
utilised to ensure no officer is
disadvantaged in this area. (Note - In terms of Regulation A17 of the Police Pension
Regulations 1987, all retirals require the consent of
the "chief officer" (chief constable)).
The
Secretary advised the meeting that the well-documented difficulties with Regulation
27A, Pay During Sick Leave, at its inappropriate, though subsequently rescinded, application to a seriously ill
officer, was the latest in a line of on-going problems with the Force's
mismanagement of that Regulation. As a
result of recent difficulties the Secretary is representing the Federation on a
small HR Group recently tasked with examining the whole area of "Sickness
Management".
The Secretary had endeavoured to provide Members with
detailed accounts of the
Auditing
of a variety of Force Personnel Policies which the Human Resource
Department are charged with undertaking.
Members expressed concern that, the absence of
detailed audits was evidence of the
Human Resource Department failing to meet its
obligations to the Membership.
The meeting believed there appeared a "general
malaise" in a number of areas and
questioned the worth of the auditing process and the
absence of in-house
"inspectorate"? The meeting agreed that the Secretary write the Chief Constable
highlighting the Board's concern at the above matters.
The
Secretary raised the question of full compliance with all equal opportunities
legislation following the Area Commander's Shetland's belief that he "can justify advertising for female
officers on the grounds of 'genuine occupational qualification'". The majority of Members expressed support
for the view that significant operational difficulties can be encountered by
the limited number of female officers available for deployment in Island
Areas. The meeting agreed to monitor
developments closely.
Following
the issue on 13th November of an E-mail from the Head of Training to all
Service Unit Managers regarding "Overtime of Courses", the Secretary
submitted a detailed letter on the 15th November to Head of Human Resources "Federated
Officers Attending the Scottish Police College and Other Training
Establishments Outwith the Force Area" which will form the basis of
guidance from the Board.
Investors
in People
The
Meeting endorsed the Secretary's response to a paper suggesting the Force
"joins" "Investors in
People" and his view that the £5,000 pound cost be directed to operational
policing.
Members,
however, commend the notion that "the Force works towards …..
identify(ing) gaps in current practice" and believed the Board may already
have provided some assistance with that exercise.
6.9 Health
and Safety
1. Inspections
Members again noted the Force's failings
in the area of Reporting of Injuries, Diseases and Dangerous Occurrences. The Force may well be in Breach of its
statutory requirements particularly with regard to the wide discrepancies particularly
between the number of assaults and the injuries recorded. The Head of Human Resources, "Quality
Auditor" for this matter's attention to the wide-spread problem.
It
is understood that the Force intends to publish a "Health and Safety Information
Sheet in the near future to remind people of their obligations under the
regulations and our Force Reference Document and also of the type of incidents
they should be reporting."
The Chairman reported on a Safety
Inspection he had carried out in respect of "Operation Thistle"
commended the prompt and detailed written response he received to issue raised.
The Secretary reported his surprise
that, until last month, the Force had no Specific Risk Assessment in
place for matches at Dingwall involving Ross County Football Club.
Local Management were given advance
notice of a Safety Inspection of the police
operation at a subsequent home match by the local Safety Representative,
Derrick Cronie. The Inspection revealed
no significant issues with several minor matters being addressed locally.
The Chairman reminded the meeting that the
legislation allowed for inspection at
any location where officers were deployed.
The Force Reference Document, and indeed
the statutory legislation, on Electrical
Equipment (Portable) Maintenance is being widely ignored. Safety Representatives
will be paying
particular attention to this issue at forth-coming round of inspections.
2.
Organisation
Nothing to report.
3.
Consultation
Nothing
to report
4. Risk
Assessments/Staffing Levels
The Secretary was delighted to report that the
Operations Service Group meeting on the 16th November agreed that "Risk
Assessment be undertaken to inform the basis on which officers are deployed
with Minimum Safe Staffing Levels set for each Area". This would be a major exercise as
consideration will require to be given to each station for all times of the
week.
Members
understood the exercise under way in many areas and the Temporary Deputy Chief
Constable agreed to reinforce the requirements following the agreement.
The question of time off in lieu of additional hours worked was examined by the Branch Board in two
Command Areas and, if the figures were to be replicated across the Force, and
there was nothing to suggest any exceptional returns, then the Force has a
potential financial "time-bomb" it requires to manage.
Following the Branch Board's enquiry, the
Force undertook a force-wide examination.
The information has not been made available to the Branch Board with the
suggestion that the figures
