Minutes of the Fourth
Quarterly Meeting held in Lochardil House Hotel, Inverness on Wednesday 5th
December 2001.
1. MEMBERS
PRESENT
Murdo Cameron George
MacDonald
Derrick Cronie Neil
MacKinnon
John Darcy (Vice Chair) Blair Marquis
Alan Drummond David Ross
(Asst Secretary)
John Finnie (Secretary) James
Simpson (Chair)
Alan Heath (late due to
duty commitments) Mairi
Steel
John Jones-Davies Alistair McBean
2. APOLOGIES
FOR ABSENCE
Graeme Ednie - Kamp Van Zeist
John MacDonald -
Annual Leave
Reay MacKay - Sick Leave
3. OPENING OF MEETING
The Chairman opened the
Meeting by welcoming everyone present particularly Blair Marquis, the new
Inspectors' Representative for Badenoch, Strathspey, Nairn and Lochaber. The Chairman advised those present that Reay
Mackay was in hospital and the Meeting wished him a speedy recovery.
4. ADOPTION OF STANDING ORDERS
Proposed by
Derrick Cronie and seconded by David Ross.
5. APPROVAL OF MINUTES OF LAST MEETING
Approval of the last
minutes was proposed by John Darcy and seconded by Alistair McBean.
6. MATTERS ARISING
6.1 LEGAL
ADVICE/ASSISTANCE
1. Ongoing Legal Cases
There are presently
nineteen cases ongoing.
2. Discipline/Misconduct
The Scottish Police
Federation's response, plus the joint response from the three Staff
Associations, to the consultation paper 'Complaints against the Police in
Scotland' have now been submitted.
As agreed at the previous
meeting laminated cards 'Guidance to the Membership' have been obtained
and will be issued to Members in the coming weeks.
RETAIN
6.2 POLICE
PROPERTIES/HOUSING
The Secretary provided an
update on the issue of the safety and security of the occupiers of rural police
stations and it was agreed this issue be examined during the forthcoming
round of Inspections.
RETAIN
6.3 CRIMINAL
INJURIES COMPENSATION
There are presently eight
claims being progressed two of which are the subject of Legal assistance. There have been two settlements since the
last meeting.
RETAIN
6.4 POLICE
PAY AND CONDITIONS
As a result of the legal
opinions obtained by the Police Federation of England and Wales and ACPO both
of which indicated that the disregard of the first half hour of casual
overtime when claimed as time off was not legal the Secretary is presently
liasing with the Chief Constable regarding local resolution.
The Secretary has confirmed
the Force's awareness of the provisions of PNB Circular 01/22, circulated
to JBB Representatives on 12th October, on maternity, maternity
support, parental and adoption leave and time off for dependents.
The Secretary reported on
recent JBB Bulletins intended to keep the Membership fully updated on the Official
Side's widely leaked Proposals on Changes to Conditions of Service.
The Secretary advised the
Meeting he'd ensure the fullest possible information continues to be given to the
Membership who are rightly confused by simultaneous media coverage of the
"Police Reform" proposals which only relate to England and
Wales.
Members fully endorsed the
early response sent by the Secretary to the General Secretary and agreed it
appropriate he writes MPs, MSPs, Councillors and others outlining the
Memberships outrage at the ongoing attack on their terms and conditions.
The following consultation documents have been
received and responded to;
·
Rehabilitation of Offenders
Act 1974
·
Regulation of Private
Security Industry in Scotland
·
'Getting our Priorities
Right' - Interagency Guidance on Working with
·
Children and their Families
Affected by Drug Abuse
·
Procedure for a Victim's
Statement Scheme
·
HMI's thematic Inspection
on 'Public Reassurance and Police
Visibility'.
The Secretary raised the
question of delays experienced by officers in respect of legitimate removal
allowance expenses with the Chief Constable and it's hoped that ways
of securing prompter settlements can be obtained.
Given the potential value,
the contract for the relocation scheme has been advertised throughout
the European Union. It's hoped to have
the Scheme in place early in the New Year.
The Meeting agreed that the
Secretary clarify the exact position resulting from the consultation of pay
periods.
RETAIN
6.5 FORCE
PERSONNEL POLICIES
As agreed at the last
Meeting the Secretary contacted the Head of Human Resources to clarify the
present and future position regarding leadership training, vis-à-vis the
identity of the individual within the Force now responsible for the training,
the sources of training and the method of accessing the training. The Meeting expressed disquiet that Ms
Sillars declined to answer the questions posed
The Secretary reported that
the long-term position of the post of 'Force Welfare Advisor' remains to
be clarified. David Ross stated that
many Members do not want to deal with anyone who is deemed
"Temporary" as they may not be there to see issues raised through and,
as a result of this, the Federation continue to deal with many welfare
issues. Members agreed the Secretary
should obtain early clarification of the position regarding long-term welfare
provision and, as on previous occasions, seek active involvement in the
recruitment process.
Critical
Incident Debriefing
continues to be discussed with active Branch Board involvement on the most
recent working group scheduled to meet on 6th December.
The Board are represented
on the Redeployment Working Group which will 'review a paper on the
subject presented to the Human Resources Practitioner Group, consider how best
to find posts suitable for individuals requiring to be redeployed, consider the
impact on terms and conditions and the documentation that will be required'. This group will meet on 11th December.
The Secretary has confirmed
that the Force is aware of, and responding to by way of revised training, the
Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations
2001 which mean that it's now down to the employer to show that no breach
of the principle has taken place whilst it will now be sufficient for an
employee to show that an application of a condition, criterion or practice is
merely to their detriment, regardless of the previous compliance
consideration.
George MacDonald, in his
capacity as Staff Development Officer, prepared a paper Support
Arrangements for Officers Deployed Overseas which outlines the support
arrangements put in place.
Members spoke of the
widespread confusion which presently exists regarding whether movement within stations e.g.
uniformed to detective duties, no longer constituted a transfer and the
Secretary agreed to have the point clarified.
RETAIN
6.6. HEALTH AND SAFETY
Following concerns raised regarding the charity prize
a 'Day on the Beat with the Police' a Risk Assessment has been prepared
and is presently being considered in relation to the wider implication of public
patrolling with officers.
The Secretary agreed to clarify whether consideration
had been given to the implications of work placements within police
offices.
The issue of Minimum
Safe Staffing Levels remains the subject of ongoing discussions. The
Secretary reported that the Joint Executive of the UK Police Federations Health
and Safety Group had contacted the Force directly regarding this matter. The Meeting agreed that the Secretary raise
the question of a protocol for National Federation bodies to ensure that Branch
Boards are fully aware of external contacts with their Force.
A Draft Generic
Risk Assessment Police Operations - Oil Rigs has been
prepared with further consultation presently being undertaken with Ports
Authorities and Rig Operators. In the
interim, the Assessment will serve as an excellent reference point for any
Specific Risk Assessment required in respect of operations.
The Health, Safety and
Welfare Unit Force-wide audit of the recording and monitoring of Working
Time is almost complete with no significant issues identified. A
considerable number of issues remain to be resolved with this legislation and
it's hoped to have a more comprehensive report for the next meeting.
Health
Assessments have been delayed by the
unfortunate resignation of the Occupational Health Advisor. The Secretary reported that he had discussed
Occupational Health with the Chief Constable and Members were pleased to
note Mr Latimer's personal support for the provision of this service.
The Generic Risk
Assessment - Officers on Patrol has been revised to make mention of
attendance at Firearms Incidents and the necessary awareness training is
to be provided by Local trainers
Following concerns from the
Police Federation of England and Wales, the Secretary has written to Jim
Abernethy, Airwaves Project, seeking clarification of a number of safety
aspects highlighted in the use of Terrestrial Trunked Radio (TETRA).
An England and Wales JBB
Circular Threat of Anthrax and other biological agents has been
received and is available for inspection.
David Ross reported the numbers
of assaults on officers which have fallen since the introduction of the ASP
baton and CS Incapacitant Spray. The
Officer Safety Group agreed that sufficient samples of a suitable undergarment
be obtained for trials in a number of areas.
RETAIN
6.7 PROGRESSION OF ANNUAL CONFERENCE MOTIONS
The Meeting noted the
detailed response from the General Secretary to a letter from the Secretary
seeking an explanation as to whether the JCC 's failure to act on an unanimously
adopted Annual Conference motion, which sought an investigation by the Scottish
Executive into the use of consultants within the Scottish Police
Service, contravened the Guidance provided to the Membership on the Functions
of the Joint Central Committee.
As agreed, the Secretary
wrote the Head of Police Division and the Regional Procurator Fiscal regarding
the Force's use of consultants and the issue is now being progressed with the
appropriate authorities.
DELETE
6.8 PERSONAL INJURY COMPENSATION
As advised at the last
meeting, the Secretary has written the Clerk to the Police Board seeking to
have the Board utilise the provisions of PNB Circular 94/11 covering 'Personal
Injury Compensation'. Although an initial
acknowledgment has been received indicating that the 'Board's Insurance Manager
has been asked to consider the provisions', repeated requests for an update
have been ignored.
RETAIN
6.9 FEDERATION TRAINING
The Secretary reported that
Mairi Steel had attended the recent Basic Training course, no places have been
taken up on the Health and Safety Representatives course whilst consideration
will be given to training a further Equality and Fairness Advisor at some time
in the future.
DELETE
7. NEW
BUSINESS
7.1 VARIABLE SHIFT ARRANGEMENTS (VSAs)
The Secretary advised the
Meeting that frequent enquiries are received regarding Variable Shift
Arrangements (VSAs) with consideration of VSAs masking the reality that
sufficient staff were in place to operate existing patterns.
The Secretary advised that
Branch Board support for initial, and then continued, working of any VSA was
that 85% of staff support, and subsequently continue to support the Proposal. This position is made quite clear to all
participants from the outset.
An issue has arisen where,
following a trial of a VSA in Kirkwall, the necessary 85% support was not
obtained for continued working and this had caused some disquiet. Both Neil MacKinnon and Murdo Cameron
queried the level of percentage approval required by the Board and suggested
support (77%) should be sufficient.
Following extensive,
discussions the consensus reached was that the status quo of 85% continues to
apply.
DELETE
7.2 MOTIONS FOR
ANNUAL CONFERENCE
The following motions were adopted for Annual
Conference;
1. This
Joint Branch Board asks Annual Conference to accept that, as HM Government's
actions make it quite clear that they no longer consider the Police Service a
'special case', the Joint Central Committee should secure Members the full
range of employment rights afforded other 'employees', including the right to
withdraw their labour.
2. This
Joint Branch Board asks Annual Conference to ask the Joint Central Committee to
cause enquiry to be made with the appropriate authorities, regarding the proportion
of charges under the Police (Scotland) Act 1967, Section 41 (1)(a) which are
'bargained away', without reference to the 'victim', and to consider the wider
implications of this practice.
3. This
Joint Branch Board asks Annual Conference to ask the Joint Central Committee to
make known to the Scottish Executive that the Scottish Police Federation will
strongly resist any or all of the proposed police reforms put forward by the
Home Secretary where said reform is clearly seen to be detrimental to the pay
and conditions of it's Membership.
4. This
Joint Branch Board asks Annual Conference to ask the Joint Central Committee to
send a powerful message to the Labour Government and the current Scottish
Executive that the Scottish Police Federation believes that they, the
Government and Executive, hold the Police Service in contempt and have no
commitment to a high morale, properly funded, operationally effective Police
Service.
5. This
Joint Branch Board asks Annual Conference to ask the Joint Central
Committee to request the
Scottish Executive to produce concrete evidence that there is widespread public
dissatisfaction with the Police Complaint System as it exists at present.
6. This Joint Branch
Board asks Annual Conference to ask the Joint Central
Committee to approach the
Association of Chief Police Officers in Scotland (ACPOS) and request that they
resist political interference in policing and the 'Performance Culture' that
the Executive wants to impose.
7. This Joint Branch Board asks Annual
Conference to ask the Joint Central
Committee
to cause a revision of Police Regulations and Circulars to ensure full
compliance with the Working Time Regulations 1998.
8. This Joint Branch Board asks Annual
Conference to ask the Joint Central Committee to seek a properly funded Police
Service which will obviate the need for any enhanced role for the Special
Constabulary.
The following motions were defeated;
1. This Joint Branch
Board asks Annual Conference to ask the Joint Central Committee to confirm to
the appropriate bodies that the Scottish Police Federation should no longer be
considered an apolitical organisation.
2. This Joint
Branch Board ask Annual Conference to ask the Joint Central Committee to employ
a full-time media adviser to put forward the fears of our Members, and the
truth of the Government attitude to the Police Service.
3. This Joint
Branch Board asks Annual Conference to ask the Joint Central Committee to make
it clear to the appropriate body that the Accelerated Promotion System is not
working and that it should be brought to an end.
4. This Joint
Branch Board asks Annual Conference to ask the Joint Central Committee to ask
the Scottish Executive to confirm that they will not support any further
reduction in the 'drugs laws' by Mr Blunkett.
The Meeting agreed that
David Ross represents the Board on the Conference Arrangements Committee.
RETAIN
7.3 COMMUNICATIONS
Derrick Cronie raised the question
of whether maximum use is being made of technology to disseminate information
to the wider Membership. The Meeting
agreed that Derrick liaise with the IT Department regarding the creation of
'E-mail groupings' within the Federation directory.
RETAIN
8. SECRETARY'S
CORRESPONDENCE
Letters of thanks were
received from Stewart Falconer, ex National Vice Chairman, Tom Rowatt, ex
Deputy General Secretary and Alison Urquhart, ex Occupational Health Advisor,
in respect of presentations of Federation Plaques. A letter of thanks was also received from an officer regarding
assistance given with a criminal injuries compensation claim
As agreed at the last
meeting, the Secretary wrote the Chairman of the local Branch of the
Association of Scottish Police Superintendents (ASPS). A response was received and, following an
informal meeting with the ASPS's Chairman, the Secretary confirmed that good
relations the two associations have enjoyed continue.
9. ANY OTHER COMPETANT BUSINESS
There were no other items of competent business.
10. DATE AND TIME OF NEXT MEETING
The Annual General Meeting
will take place on Wednesday 13th and 14th March 2002 at 10 am within the
Lochardil Hotel, Inverness.
11. CLOSURE OF MEETING
In closing the Meeting, the
Chairman thanked everyone for their involvement and wished Members a safe
journey home. The Chairman was thanked
in the customary manner.
JIMMY SIMPSON
JOHN B FINNIE
Chairman
Secretary
