Minutes of the Fourth Quarterly Meeting held within The Thistle Hotel, Inverness on Wednesday 3rd December 2003.

 

 

1.            MEMBERS PRESENT

 

John Finnie           (Secretary)                    Alan Drummond (Chairman)

David Ross           (Assistant Secretary)      John Jones-Davies (Vice-Chairman)

John Crawford                                          Reay MacKay

         Derrick Cronie                                          David Miller

         Graeme Ednie                                           Donald Ross

         Alex Forbes                                              Callum Scott

            Hamish Grace                                        Calum Steele                                        

         Archie Henderson                                      Darren Williams                        

 

           

2.            APOLOGIES FOR ABSENCE

 

Alistair McBean  - Personal Commitments

Peter MacPhee - Personal Commitments     

George Murray - Assessor, Assessment Centre

Malcolm Taylor - Work Commitments

 

 

3.            OPENING OF MEETING

 

The Chairman opened the meeting by welcoming everyone present, particularly Alec Forbes, Archie Henderson and Callum Scott, all attending their first meeting.  The Chairman encouraged the new Members to play a full and active part in proceedings.

 

 

4.      ADOPTION OF STANDING ORDERS

 

         Standing Orders were formally adopted.

 

   

5.      APPROVAL OF MINUTES OF LAST MEETING

 

         The Secretary reported that, when initially published, the Minutes indicated an incorrect figure for the ‘unreceipted expenses’.  The correct figure of £4.32 is now shown and the Secretary apologised for any confusion caused.

 

The Minutes of the last Meeting were formally approved.

 

 

 

 

6.      MATTERS ARISING

 

6.1              Legal Advice / Assistance

 

1.            Ongoing Legal Cases

 

As advised at the last Meeting, prompted by the draft document ‘Firearms (Police Use Of) – Investigations and Remedies – F9’, a detailed Legal Opinion has been received on ‘Advice Firearms Officers – Post Shooting Incident’.

 

A recent Joint Branch Board Secretaries’ meeting agreed that the Deputy General Secretary, Ian Woodhead, Assistant Secretary, Lothian and Borders and the Research Officer, liase with our lawyers regarding the production of Aide Memoire cards for Authorised Firearms Officers (AFOs) and Federation Representatives attending such incidents and this work is ongoing.

 

Following receipt of a Legal Opinion Restraint by Police Officers for the Administration of Medication to Mentally Disturbed Patients, which highlighted the vulnerability of Members, even if acting in good faith, a letter was sent to the Chief Constable requesting an instruction be issued that the practice cease forthwith.  The reply received made no reference to that request rather reproduced guidance on continuation of the practice, subsequently published in Force Information Bulletin 44/03.

 

With due regard to the Legal Opinion received, a further letter has been sent highlighting the vulnerable legal position Members may find themselves in requesting the Chief Constable issue a blanket acceptance of vicarious liability in all circumstances in which a constable is called upon to assist with restraint of a mentally disturbed patient while medical staff (or persons reasonably considered by the Constables to be medical staff) administer medication.  It has also been requested that the Chief Constable issue a formal written policy and compile a risk assessment of the whole issue of Constables restraining mentally disturbed persons in order to facilitate administration of medication.

 

Nationally, liaison is taking place with the Lord Advocate regarding the possibility of immunity for Constables acting in good faith in such circumstances.  It is also intended to seek appropriate reference to this practice in Mental Health (Care and Treatment) (Scotland) Act 2003 which comes into effect no earlier than 1st April 2005.

 

The Meeting were pleased to note that the Head of Operations is examining this issue further.

 

The Meeting were made aware of the legal background to a number of stress at work claims and, in particular, the increasing ease with which employers are being able to defend such cases.

 

The stated legal position is that the Force has an over-riding duty to take care of health, safety and welfare of Members and part of that duty is to carry out risk assessment, which should extend to psychological as well as physical injury. 

Members encountering stress at work can make use of the Federation’s Confidential Stress Counselling Helpline 08705 23499, available 24 hours per day and 365 days per year. 

 

Members should also consider discussing stress with their local Representative or a full-time Official and advise their line manager of their stress in order that, if appropriate/practicable, work practices/loads can be adjusted.  

 

The Meeting were also advised of the successful outcome of a Judicial Review of two Medical Certificates provided in terms of regulations H1 and H2 of the Police Pension Regulations 1987 in another Scottish Force which sought to obstruct an officer’s legitimate entitlement to an Injury Award under the Pension Regulations.

 

In light of the changes to the processes and procedures to be followed by Forces and Police Authorities since 1st October, this year, the Head of Human Resources attention has been drawn to this case.

 

2.      Discipline / Misconduct

 

The Force has introduced a revised Investigation Form which should provide welcome reassurance to Members the subject to investigation.

 

The Form states The service of this form does not infer any assumption of guilt on your part and it does not automatically follow that any misconduct proceedings will be taken.  The purpose of this form is to provide you with the protection of knowing what has been alleged, to advise you that you are the subject of an investigation, and to provide you with the opportunity to comment on the allegations if you so desire.

 

As with the previous Form, recipients are still posed three questions which it’s advised should be responded to as follows;

 

(a) Do you wish to make an oral statement? No

(b) Do you wish to make a written statement? Not at this time

(c) Do wish to provide the name and addresses of witnesses..? Not

at this time ‘

 

Any Members receiving an Investigation Form should liaise directly with their local Representative or a full-time Official.

 

The Meeting also welcomed the Force’s new Manual – Professional

Standards and Conduct, available on COE, which provides welcome clarity on procedures and time-scales.

 

The Meeting considered that the Membership did not fully understand that the criminal nature of some complaints meant that, unlike conduct allegations, officers tasked with the investigation could not necessarily ‘let the officer know’ the nature of the allegation. 

 

Members should note that the Guidance for Officers the Subject of Criminal Investigation reproduced in the pocket diary and on the Web Page (Legal Services Section).

6.2       Police Pay and Conditions

 

1.      PNB (Police Negotiating Board) and Other Circulars

 

Scottish Executive Police Circular 9 of 2003 Implementation of the Police Pay and Conditions Package Measurement of Overtime

 

Scottish Executive Police Circular 10 of 2003 Maternity & Additional Maternity Leave, Adoption Leave, Maternity Support & Adoption Leave

 

2.      Removal Allowance

 

Some months on from clarification from the Side Secretaries the Force have still to provide guidance.  To date, the offer of Federation assistance has not been taken up.

 

Discussions are ongoing with the Head of Finance regarding the possible reimbursement of costs associated with the setting up of rental agreements, presently not directly catered for by Regulations.   (Secretary’s Note; this matter has since been referred for appropriate consideration at national level)

 

The Meeting noted the entry in Force Information Bulletin 44/03 outlining the direct billing arrangements for ‘Legal Fess and/or Estate Agency Fees’.  It’s understood that the Force Solicitor checks accounts submitted and clarification has been sought as to whether he can undertake all conveyancing consequential to police removals. 

 

3.      Subsistence Allowance

 

There has been no review of the new arrangements.

 

4.      Distant Islands Allowance

 

The consultation process referred to in the previous Minutes was undertaken.  Following lengthy discussions on all aspects of the Allowance, the Meeting AGREED that the Secretary should liaise with the Force to ensure that best administrative practices are employed to ensure minimum difficulties for officers with the Inland Revenue.  It was AGREED to delete this item from the agenda.

 

5.      Future of Community Engagement 

                 

               The Meeting noted the ongoing developments with ‘community wardens’ and AGREED to delete this item from the agenda.

 

6.      Regulation 24  - Travelling Time

 

As reported at the last Meeting, following discussion with the Force it was agreed to refer two specific queries regarding reimbursement of travel costs associated with this Regulation to the PNB Side Secretaries.

 

The Secretary submitted the Request for Guidance (RFG) on 19th August, however, the matter did not feature on the next Side Secretaries’ agenda in October and will not now be considered until January 2004. 

 

Following discussions with the General Secretary, whose assistance with this matter has been greatly appreciated, an item has now been placed on the agenda of the January Side Secretaries’ meeting suggesting they consider a protocol, with agreed time-scales, for dealing with RFGs.  Discussions on a number of deployment related matters await clarification of the points raised.

 

7.      Force Reference Document – D7 Deployment and Selection Procedure for Constable, Sergeants, Inspectors and Chief Inspectors

 

As agreed at the last Meeting, the Assistant Secretary compiled a composite response on the revised ‘draft procedures’ and, on 28th November circulated the ‘latest versions’.

 

Members remain wholly supportive of the general thrust of the Document but disappointed that a number of points raised have not been incorporated in the latest version.

 

Following further consultation and submissions from Representatives, the Assistant Secretary will compile a response for the Head of HR.

 

8.      ‘Temporary Transfers’

 

This matter cannot be progressed until the Request for Guidance on the application of Regulation 24 ‘Travelling Time’ from the Side Secretaries is received.

 

9.     Incidental Expenses

 

                Nothing to report

 

      10.    Annual Leave

 

         Nothing to report.

 

A detailed response has been submitted in respect of a paper Proposed ‘Vetting Force Reference Document‘ tabled at a recent Management Services Group.  The document originates from England and Wales and, setting aside the predictable disregard for Scottish terminology, appears draconian in both content and intent.  (Secretary’s Note; Following further consideration, the Federation position is that, as the proposals represent a change to ‘conditions of service’ this proposal should, in the first instance, be considered by the Police Advisory Board for Scotland).  

 

The Assistant Secretary gave an update on the latest position with ACPOS Substance Misuse Policy highlighting the content of the detailed response he submitted to the most recent consultation. 

 

The Meeting noted that whilst the policy purports to be supportive of Members with difficulties, nine of the thirteen pages relate to ‘punishment’.  (Secretary’s Note; The General Secretary’s attention has been drawn to the Information Commissioner’s warning that Companies will break the law if they administers drugs tests designed to detect illegal use of drugs in a worker’s private life, rather then impairment of performance at work –Financial Times, December 2003).

 

6.3        Health and Safety

 

1.            Working Time Regulations (WTR)

 

The Secretary reported on widespread disregard for the statutory provisions of the WTR and the Meeting discussed the increasing burden placed on Sergeants to ensure compliance with Police and Working Time Regulations with Members concluding that the bulk of the problems originate from an insufficiency of front-line operational police officers. (see item ‘7.2’)

 

It’s understood that the Force continues to examine the issue of hours worked by Probationary Constables at the Scottish Police College.

 

2.      Officer Safety Equipment

 

The issue of wet weather gear for plain clothed officers has been progressed with a ‘standard’ agreed at the recent Operations Practitioner Group Meeting of a minimum of a jacket and over trousers.  The Assistant Secretary had contacted all Service Unit Managers urging them to make these items available to officers as soon as possible rather than wait for the proposal endorsed at the Operations Practitioner Group to progress through the Force meeting structure.  (Secretary’s Note; This proposal has now been approved by the Operations Service Group)   

 

3.      Inspections

           

The Secretary outlined a number of difficulties associated with the present Inspection process particularly the disregard of identified problems.  As a step towards addressing this issue he had suggested a protocol for the entire process and subsequently responded to a draft proposal from the Force’s Health and Safety Advisor.  (Secretary’s Note; The Operations Service Group subsequently ratified this proposal, subject to additional considerations for the Health and Safety Advisor) 

 

The Meeting AGREED that the Secretary write to the Chief Constable highlighting difficulties with the Inspection process and the failure to comply with the Portable Appliance Testing regulations.  (Secretary’s Note; The Force are to have this work undertaken force-wide by a contractor.)

 

4.      Infection Control

 

Questionnaires have now been issued to all police officers regarding blood born viruses.  The Meeting’s attention was drawn to the high level of tetanus infection among intravenous drug-using custodies in Inverness area.  It was AGREED that the Secretary would cause Occupational Health’s attention to be drawn to this issue to ensure the necessary action/advice.

 

5.      Risk Assessment

 

Nothing to report.  The Meeting AGREED to delete this item.

 

6.      Processes

 

The Secretary highlighted the deficiencies of the Inspection process and a wide spread disregard for a variety of health and safety Force Reference Documents all of which had been drawn to the Force’s attention.  Following lengthy discussions the Meeting concluded that issues were not being taken seriously and reluctantly AGREED that for those reasons the Federation would not be represented at the forthcoming meeting of the Safety Strategy Group Meeting.

 

The Meeting unanimously AGREED that issues are best resolved from within and hope the decision to temporarily step outwith the process will prompt action on the many issues highlighted.

 

In the interim, the Board will continue to fulfil its full health and safety remit.      

 

6.4          Special Constabulary

 

As agreed at the previous meeting a letter was sent to the Chief Constable highlighting concerns about the dearth of training for Special Constables, commending the recommendations of the 1996 ACPOS Report on the Special Constabulary, 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.

 

A reply was received indicating training is either ongoing or planned and is envisaged that this will equate to approximately 60 hours of training and the Meeting AGREED to monitor this issue.

 

The Assistant Secretary provided a detailed update on the response he’d provided to a national paper on a trial scheme to pay Special Constables in both Grampian and Tayside Police areas.  The scheme seems to be ill-conceived, not least as it’s failed to establish the willingness or availability of Special Constables to participate.

 

6.5          Web Page

 

The Secretary reported on the running of the Board’s Web page advising that every effort is made to ensure frequent updates.   ‘Hits’/Accesses were 15,987 in October rising to 18,833 in November.

 

The service provider has advised this indicates that between 900 and 1,100 people are looking at the page each month.

 

Feedback has been very positive and the Site represents an ideal medium to speedily disseminate information to the Membership.  The Meeting AGREED the purchase of additional promotional items intended to increase awareness of the Site.

 

6.6          Renewal of Group Insurances

 

The Secretary reported on the outcome of the recent renewals.  The Membership had all received a full update (reproduced on the Web page) and personal copy of the revised Travel Policy.

 

The Secretary reported that he was in early discussion with the Board’s Broker about the renewal of the Legal Expenses Scheme, presently with ‘Capita’, and due to be renewed in April.

 

7.         NEW BUSINESS

 

7.1        Annual Conference

 

a.         Conference Arrangements Committee

 

Derrick Cronie will be the Board’s Representative on the Conference Arrangements Committee 2004.

 

b.         Motions

 

            The following motions were discussed;

 

Policy on Compulsory Retirement After 30 Years Service

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to review its policy on compulsory retirement after 30 years service and to make alterations if found necessary

 

Explanatory Note

The current JCC policy of compulsory retirement after 30 years service has been in existence for some time now.  In light of forthcoming Age Discrimination Legislation the policy while in itself not directly discriminatory, could be argued as being indirectly discriminatory.  The legislation is due to be introduced in 2006 and given the timescales involved now would be a beneficial time for the policy’s review.  The proposer of the motion considers that the JCC should review the policy now to avoid having to make hasty decisions later.

           

Proposed by Derrick Cronie, Seconded by David Miller and defeated         

Legislative Impact Statements

This Joint Branch Board ask Annual Conference to ask the Joint Central Committee to seek assurances from the United Kingdom and Scottish Parliaments that any new legislation introduced by them includes an impact statement identifying the police resources required to enact the legislation and a commitment to provide the resources identified.

     

 

                        Explanatory Note

 

New legislation can have far-reaching, ongoing and increasing resourcing implications for the Scottish Police Service.  Both Governments must recognise that the Scottish Police Service is already fully committed and that any additional requirements made of it must be backed by the necessary resources.

 

            Proposed by David Ross, Seconded by John Finnie and adopted.               

 

Regulation 21 A Rostering of Duties

This Joint Branch Board ask Annual Conference to ask the Joint Central Committee to seek an amendment to Regulation 21 A of the Police (Scotland) Regulations 1976, as amended as follows; In paragraph 4(b) delete the number ‘7’ and replace with the number ‘5’.

                                   

                        Explanatory Note

We are constantly being made aware of the Government’s commitment to improving work/life balance. This was not reflected in changes included by Police Reform.  Our Members need to be assured that the Scottish Police Federation is seeking to improve their lot.  The proposed amendment would force the Service to look to change the antiquated 7 day shift cycle in favour of a system which would ensure our Members can spend more time with their families and be in a fit state to enjoy it.

           

            Proposed by Calum Steele, Seconded by David Ross and adopted.                        

           

                        ‘On Call’

This Annual Conference asks the Joint Central Committee to seek       statutory recognition of the three differing statuses an officer may have i.e. ‘on duty’, ‘off duty’ or ‘on call’ and to seek appropriate compensation for any officer ‘on call’. 

                       

                         Explanatory Note

 

Increasing numbers of officers are being required to be available for duty, to carry out a variety of tasks, outwith rostered tours of duty.

 

Forces would not function effectively were it not for the ongoing ‘good-will’ of officers ‘on-call’.

 

The mover of the motion is fully aware of the provisions of Regulation 63 of the Police (Scotland) Regulations 1976, as amended ‘allowance for recurring escort duty, etc’, PNB Circulars relating to officers ‘held in reserve away from their normal place of duty’ and indeed references to ‘on-call’ contained within the Working Time regulations, however, the statutory position requires clear definition to ensure parity of compensation both within and across forces.

 

            Proposed by Graeme Ednie, Seconded by John Finnie and adopted.

           

7.2        Officer Numbers

 

The Secretary advised the Meeting that he had sent a letter to the Chief Constable regarding ‘officer numbers’ in which he acknowledged ‘the autonomy single line budgets affords chief constables, the Comprehensive Spending Review and historic difficulties in establishing criteria for disbursing monies among the constabularies’ posing a single question namely whether he had ‘ever directly asked the Scottish Executive for further monies for additional officers and, if so, what the response was?  Members interpreted the reply received as answering ‘no’ to the question posed.

 

The Secretary advised Members of the Northern Joint Police Board’s recent decision to approach the Scottish Executive for additional monies for the forthcoming year and of an initiative in Edinburgh whereby the City Council has funded dedicated uniformed officers for specific areas and the analytical evidence on the shortage of officer numbers presently being collated by the Federation, both locally and nationally.

 

Members AGREED that ‘officer numbers’ were the most important issue facing the Membership; that rather than simply attempting to reach the figure of ‘700’ that any increase would require to be meaningful; that the Secretary would establish the position regarding the funding arrangements for the additional Edinburgh officers and that the Board ‘campaign’ involving local and national politicians for the necessary funding for additional officers.

 

7.3.      Plain Clothes Allowance

 

A Member raised the question of whether the Force intend doing anything to address the end of Plain Clothed Allowance next year and what, if any, plans existed for a ‘dress code’.

 

It has been confirmed that the Executive have decided to do nothing about the end of this allowance whilst the question of a ‘dress code’ is presently being examined by Professional Standards Department.  It was AGREED to delete this item.

 

8.          ANY OTHER COMPETENT BUSINESS

 

The Secretary raised the question of the statutory role Joint Branch Boards have in agreeing Variable Shift Arrangements (VSAs) suggesting that, rather than have the full Board consider every proposal for a VSA, the Board agree a framework which, if complied with in full, would mean any VSA would have automatic JBB support.  The Meeting AGREED the proposal that existing arrangements i.e. ‘open-meetings’, full confidential consultation with papers sent to officers’ home addresses, agreement for a full year trial, agreement for a 6 month evaluation along with all the other terms built into existing Arrangements means that support is automatic.

 

9.      SECRETARY’S CORRESPONDENCE