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PUBLICATIONS - Minutes

SCOTTISH POLICE FEDERATION

 

NORTHERN BRANCH

 

 

 

Minutes of the Third Quarterly Meeting held within The Thistle Hotel, Inverness on Wednesday 1st December 2004.

 

 

1.            MEMBERS PRESENT

 

John Crawford                                          John Jones-Davies (Vice Chairman)

Derrick Cronie                                          Angus MacLeod

Craig Dale                                                Alistair McBean

Alan Drummond (Chairman)                      David Miller                              

John Finnie (Secretary)                              Calum Scott                                          

Alex Forbes                                              Darren Williams            

Hamish Grace                                          

                                                                                                              

  

  2.      APOLOGIES FOR ABSENCE

 

Graeme Ednie - court

Alasdair Goskirk - annual leave

Archie Henderson - training course

Peter MacPhee - operational demands

Donald Ross - operational demands

Calum Steele (Assistant Secretary) - training course

Malcolm Taylor - operational demands

 

 

3.      OPENING OF MEETING

 

The Chairman opened the Meeting by welcoming everyone present, particularly Craig Dale, recently elected as Constables’ Representative for Ross, Cromarty and Skye, who was encouraged to take 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 Minutes of the last meeting were formally adopted.

 

6.      MATTERS ARISING

 

6.1              Legal Advice / Conduct

 

The draft Aide Memoire Cards for Authorised Firearms Officers (AFOs), and Federation Representatives dealing with Post-shooting Incidents, has been the subject of further legal examination.

 

The Secretary gave a brief report on the position with the Short Life Working Group on Review of Police Conduct Regulations, which is next due to meet on the 10th inst.

 

The Secretary outlined the terms of a recent Legal Opinion obtained in respect of an interpretation of the Police (Conduct) (Scotland) Regulations 1996.

 

The Secretary advised the meeting of the Ruling of a recent Police Appeals Tribunal and the detailed criticisms about the particular force, and named individuals, contained therein.

 

The Secretary advised that such rulings were confidential, although, suitably anonymised, every ruling is circulated throughout Scottish Forces.

 

 

6.2              Police Pay and Conditions

 

1.             Police Negotiating Board (PNB) Circulars

(Available @ www.ome.uk.com) –none issued since last meeting.

 

   Scottish Executive Police Circulars

 

   17/2004 Salary Placement on Promotion to Sergeant

 

   18/2004 Guidance on Medical Standards for Police Recruitment

 

   19/2004 the Disability Discrimination Act 1995

 

   20/2004 Monitoring Arrangements - New Capital Grants Scheme

 

        21/2004 Assimilation Arrangements for Sergeants Pay

 

        22/2004 The 30-Year Plus Retention Scheme

 

        

2.      Removal Allowance

 

The Secretary and the Head of Finance and Asset Management continue to examine the issue of guidance with regard to reasonable expenses.

 

All Members should reach agreement with their new Service Unit Manager regarding all costs associated with their transfer prior to the move and prior to incurring expense. 

        As previously reported, 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 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.

 

ACPOS and ACPO were to discuss this matter prior to further consideration by PNB.

 

 

     3.       Pensions

 

The Secretary reported on that considerable work is ongoing, not only with regard to the new Police Pension Scheme for entrants after April 2006, but also issues such as part-time and partner benefits. Full details would be available in the JCC Minutes on 2nd and 3rd November 2004 available at www.spf.org.uk

 

 

4.    ‘Draft On-call Claim’

 

This claim has been advanced with the recent JCC meeting agreed a letter to the Official Side Secretary detailing the claim.

 

Various views were expressed on this claim including the ‘rate’ at which such a claim would be met; the implications regarding some form of ‘compulsion’ for being on call with the implications for officers’ quality of life.  Members were aware of an existing ‘local’ arrangement applying in another Scottish Force which meant only 15 officers were classed as being ‘on-call’.   (N.B. Information on the specifics of this claim can be found at item 05.03 in the November 2004 minutes of the Joint Central Committee, available @ www.spf.org.uk)

 

 

5.     Regulations /Determinations

 

The Regulations and Determinations are now available through the ‘Members’ Section’ @ www.spf.org.uk.

 

Any Member wishing to access the Members’ Section require a ‘user name and password’ which are available from the Secretary, john.finnie@northernpolicefederation.com or

A/ Secretary  calum.steele@northernpolicefederation.com .

 

 

The Meeting applauded the work of the Assistant Secretary who, in addition to updating the Representative’s Handbook, prepared and published on our web page a Frequently Asked Questions section on police regulations.

 

 

 

 

6.     Officers on Training Courses

 

The Assistant Secretary met with Chief Inspector Ian Cox to discuss standardising and centralising the arrangements for probationary constables attending the SPC, a position widely favoured by Area Commanders.

 

Despite some continuing difficulties with misinformation and appropriate application of the regulations, progress is being made. 

 

Issues surrounding devolved resource management continue to impact on this area and the Assistant Secretary is working with Chief Inspector Cox to ensure potential problems are avoided.

 

 

7.     30 Year Plus Retention Scheme

 

With effect from October 2004, the 30 Year Plus Retention Scheme has been extended to Scotland.

 

 

8.        Calculation Procedure Sick Pay Entitlement

 

Following the change to Regulations, effective 25th June this year, the method by which sick days, and therefore continuing entitlement to retention on full pay, is calculated will alter slightly resulting in officers reaching the threshold for half pay and no pay more quickly.

 

The Secretary advised that this change is unlikely to alter the considered manner in which the Force applies this particularly sensitive regulation.

 

 

9.        FRD ‘Deployment and Selection Procedure’

 

As part of the Best Value Review of Human Resources a review of the FRD ‘Deployment and Selection Procedure’ is ongoing with the Secretary representing the Board.

 

Any proposed changes will be progressed through the meeting structure.  The Membership has unrestricted access to meeting papers via the Force’s ‘global directory’.

 

Members expressed concern regarding the uncertainty caused with officers with ‘over 23 years service’ being considered for arbitration; the apparent requirement for types of vacancies to go to interview and the need for equitable application of the policy, whatever its eventual format.

 

 

 

 

 

6.3        Health and Safety

           

 

1.            Working Time Regulations (WTR) – Workforce Agreement

 

The Meeting’s attention was drawn to the following;

 

A recent court case where a magistrate adjourned proceedings after a police witness, attending court after nightshift, was too tired to be able to remember their evidence and a recent extensive Report, commissioned by the Home Office, which states,

 

·          The first requirement of any shift pattern is a compliance with mandatory regulations and directives. The main sources of these regulations are the European Working time Directive and Police Regulations.

 

·          Night shifts should not exceed eight hours in length.

 

·          We do not believe regulations themselves are the problem {when dealing with shift patterns} – instead there appears to be widespread confusion and at times, ignorance of the regulations and their implications for shift working and for overtime.

 

·          Instead, we identified two key barriers:  A lack on national guidance for reviewing and implementing shift patterns and a lack of senior management ownership of resource management within forces

 

·          12-hour shift patterns fall foul of regulations.

 

 

Working Time Regulations are law. They 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.

 

The Meeting considered that there remained insufficient operational resources in-force, which resulted in significant issues for officers scheduled to work night shift on a week when they are cited to court.  Discussion took place on the requirements placed on Sheriff Clerks for timetabling trials and some efforts by some ‘Fiscals to address these long-standing issues.  It is understood that timetabling forms part of the agenda of the liaison meetings between the Force and the Area Procurator Fiscal.

 

 

 

 

2.         Inspections

  

The Secretary reported that, in addition to undertaking workplace inspections for the Federated Ranks and UNISON, at locations where joint working takes place, a similar formal agreement has been reached with the Transport and General Workers Union.

 

 

3.                  Officer Safety Equipment

 

Nationally, a variety of less lethal equipment options continue to be examined and evaluated.

 

Members considered it appropriate that the minute record their concern to ensure all officer personal protective equipment is worn in the correct manner, particularly fluorescent jackets should not be obscured by body armour.

 

 

4.                  Training

 

Calum Steele and Graeme Ednie are now both fully trained Health and Safety Representatives.

 

 

5.                  Force Health and Safety Co-ordinator

 

The Meeting noted that Ian Collins, Force Health and Safety Advisor had moved to a new post and considered it appropriate the Minute reflects thanks for his work during his time with Northern Constabulary along with best wishes for his new post.

 

As part of the Best Value Review of Human Resources the Force has examined the post and it has been decided that it sits more appropriately within the Corporate Services Unit.

 

The Secretary was consulted on the revised Post and Person Specifications and was pleased to note the emphasis on operational matters.

 

Interviews for the vacancy take place next week and the Secretary will be part of the interview panel.    

 

 

6.4                                Joint Branch Board Constitution

 

Derrick Cronie will give a verbal update on the position in relation   to electronic voting.  The G-mail system lacked the necessary security; not all of the Membership has access to the CJX system whilst the benefits of any proprietary system would be outweighed by the costs.

 

 

6.5                            Group Insurances

 

The Secretary advised there was no update on the ongoing Employment Tribunal Application against another Scottish Branch Board regarding their Group Legal Expenses Insurance Scheme terms whereby defence of civil proceedings brought in terms of the Sex Discrimination Act is covered whilst ‘prosecution’ is not.

 

The Norwich Union Scheme covering Half pay, Capital Sums and Critical Illness has been renewed for the existing terms.

 

 

6.6        Resettlement Courses

 

       This matter is still being researched by Graeme Ednie.

 

 

6.7        Reimbursement of Expenses

 

As agreed at the last Meeting, the Secretary raised various issues surrounding the reimbursement of expenses with Paul Fraser, Head of Finance and Asset Management who has AGREED those matters will be considered as part of an internal audit review scheduled to take place in the near future.

 

 

6.8       Disability Discrimination Act (DDA)

 

The whole issue of the Scottish Police Services application of the Disability Discrimination Act continues to be considered.

 

A Home Office Manager’s Guide on the DDA is yet to be agreed

by the Staff Associations in Scotland, however, in their eagerness to have some document in circulation, ACPOS, without any reference to the Federation, have issued out of date English and Welsh Guidance to forces.

 

The Assistant Secretary and Graeme Ednie attended awareness training and, in their absence, the Secretary gave a presentation, prepared by Graeme, outlining the principal issues the Federation will concern themselves with.

 

The essence of the DDA is that, wherever possible, employers

make all reasonable adjustments to enable disabled employees to continue in their current role.

 

The spirit of the legislation is that matters should not end up at Employment Tribunals for resolution.  Following Legal Opinion, JBB Representatives will no longer be involved in the recruiting process.  The Joint Branch Board has ‘trade union status’ under the DDA and the possibility for a conflict of interests cannot be overstated.

 

6.9 CBRN Issues         

 

As agreed at the last meeting, the Secretary wrote to the Head of Operations outlining the concerns regarding the lack of training, and equipment, given to officers in relation to CBRN issues.

 

The Meeting were alarmed to note that the detailed reply received advised that ‘The Area Commander, Caithness and Sutherland, has been tasked with producing the risk assessment associated with the deployment of officers in the event of an accident at a nuclear site’ everyone assuming that such a document would already be in existence.

 

The Meeting AGREED to consider the matter further following sight of the Risk Assessment.     

 

        

6.10 G8 Summit

 

The Assistant Secretary leads on this issue and his written report advises; There has been no major progress to date; The Force has began training of a second full PSU at Strathclyde Police’s training school at Jackton; The numbers required by Tayside are still unknown but will be significant; Provisions for Inspecting Ranks (similar to those at Kamp Van Zeist) continue to be explored. There has been some resistance to this from senior officers; The Force will retain many specialist officers to ensure resilience.

 

The Secretary has written to the Directors of Education of all four constituent authorities highlighting the difficulties Members will face in the next year regarding leave periods and the removal of children for school during term time.

 

A speedy, positive and sympathetic letter was received from the Director for Highland Council whilst disappointingly none of the Island Authorities have replied. 

 

 

6.11          Island Games

 

Darren Williams attended the recent meeting in Shetland and advised that matters appear to be progressing without major difficulties with Officers to work in Shetland already identified.

 

 

6. 13         DNA Sampling – Elimination Database.

 

A formal reply has been returned to the Force indicating that any database for serving officers would require to be constituted by statute, as with the legislation for new recruits, thereby ensuring the fullest possible consultation and safeguards.

 

 

6.14            JBB Office Administration

 

Arrangements are at an advanced stage to have all the Branch Board’s data stored in a centrally held server within the national organisation’s premises in Glasgow.

 

The intention is to have the overwhelming majority of hard copies scanned into this system.

 

The Meeting noted the changes and tasked the Secretary with progressing this matter.

 

 

7.        NEW BUSINESS

 

            7.1 Annual Conference

 

1.      Review

 

Members noted the recent review of Annual Conference.

(Item 05.12 in JCC Minutes, November 2004 refers)

 

 

2.      Conference Arrangements Committee

 

The Meeting AGREED the reappointment of Derrick Cronie as the Board’s Representative on the CAC.

 

 

3.      Motions 

 

      PUBLIC HOLIDAY PROVISION

 

     That this Joint Branch Board asks Annual Conference to ask the Joint Central Committee to seek an amendment to the Police (Scotland) Regulations 2004, Regulation 26(3) so as to delete the words “Christmas Day, 26th December or New Years Day” and substitute them with “Christmas Day, 26th December, New Years Day or 2nd January” on both occasions these occur within the stated Regulation.

 

      EXPLANATORY NOTE

 

      Currently where 2nd January falls on a Saturday or Sunday, unlike the majority of the working public, the Police Service receives no additional compensatory day.  This varies from Christmas Day, New Years Day and strangely enough the Boxing Day compensation that is currently provided.  This motion seeks to challenge this anomalous situation and provide an additional day’s compensation where 2nd January falls on a Saturday or Sunday.

 

      Proposed by Derrick Crone, Seconded by David Miller and passed.

 

 

     TIME OFF IN LIEU

 

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to seek statutory protection and compensation, similar to that afforded to rest days, for Time off in Lieu (TOIL), within the Police (Scotland) Regulations 2004.

 

      EXPLANATORY NOTE

 

      Time off in lieu has a peculiar standing within police regulations insofar as any time off, booked in lieu of overtime, has no protection whatsoever.  It is not uncommon for officers who have booked such time off (sometimes months in advance), either as an addition to their statutory rest days or annual leave, to have such time off cancelled with little or no notice and subsequently compensation.

 

      Time off is a commodity all officers cherish.  It seems bizarre this anomaly exists which effectively allows unscrupulous managers the ability to mismanage with the only detriment being felt by the affected officer.  This motion seeks to ensure that if toil is cancelled during a period of annual leave it attracts the same compensation as a cancelled annual leave day and that if cancelled at any other time, attracts the same compensation as a cancelled rest day.

 

      The mover of the motion is well aware of the ability to claim for payment any toil not received within three months.  This motion does not seek to remove this safeguard and indeed is dealing with something entirely different.                  

 

      Proposed by John Finnie, seconded by Craig Dale and passed.

 

      DIRECT ENTRY AT CHIEF OFFICER RANK  

 

This Joint Branch Board ask Annual Conference to discuss what benefits, in any, would be accrued from direct entry to the Scottish Police Service at chief officer rank.

 

EXPLANATORY NOTE

 

The Right Honourable David Blunkett MP, Home Secretary, is an innovative parliamentarian, unconcerned by judicial rulings or public reaction to his many proposals for legislatives changes.

 

In November 2004 Mr Blunkett announced a further raft of proposals concerning the future of the Police Service and Conference is encouraged to discuss one of them i.e. direct entry to the Police Service at chief officer level. 

 

Members may wish to have regard to: the existing criteria for selection as chief officer in Scotland; any additional criteria which may be beneficial and the, ‘turkeys voting for Christmas’, dilemma faced by existing post-holders who thus far have always provided unquestioning support for the First Minister who in turn has always provided unquestioning support for Mr Blunkett’s self-styled ‘partnership’ initiatives.

 

Proposed by John Finnie, Seconded by Derrick Cronie and passed.

 

      Police Appeals Tribunal (Scotland) Rules 1996, Rule 16

      No Further Detriment     

 

This Joint Branch Board ask Annual Conference to ask the Joint Central Committee to have the Police Appeals Tribunal (Scotland) Rules 1996, Rule 16 (6) amended by the addition after the word ‘tribunal’ in line seven of the phrase ‘instructing that the Appellant faces no further detriment, of whatever form, other than those disposals detailed in the Police (Conduct) (Scotland) Regulations 1996, Regulation 18.’

 

EXPLANATORY NOTE

 

It’s vitally important that all participants in an appeals process accept decisions reached.

 

Insertion of the words detailed will leave all those involved in this particular process in no doubt as to what reasonable expectations exist regarding their conduct post-decision.

 

Proposed by John Finnie, seconded by Darren Williams and passed.

 

Police Federation (Scotland) Rules

 

This Constables Branch Board asks the Constables Annual Conference to amend rules 3A(3), 3A(5)(3), 12(2), 12(3), 15(2), 15(4), 17(2), 17(3) and 17(4) of the Police Federation (Scotland) Rules as follows;

 

Rule 3A(3) – replace the existing rule with “At any such election each person qualified to vote shall be entitled to cast one vote”

 

Rule 3A(5)(3) – replace the existing rule with “When an ex-officio member seeks election to an ex-officio position on the Joint Central Committee, for such an election his/her replacement on the Joint Central Committee will stand down, and the ex-officio candidate will be entitled to cast one vote, except where the replacement seeks election to that same post when the ex-officio member and the replacement shall divide the vote equally, i.e. half a vote each.”

 

Rule 12(2) – replace the existing rule with “The conference Arrangements Committee shall consist of: -

 

One member of the federated ranks, regardless of rank, from each Police Force.

 

They shall elect from amongst their members a Chairman and Secretary.

 

Provided that members of the Joint Central Committee shall not be members of the Conference Arrangements Committee.”

 

Rule 12(3) – replace the existing rule with “The members of the Conference Arrangements Committee shall be elected from among their number by, in each Police Force, members of the Joint Branch Board, regardless of rank.”

 

Rule 15(2) – replace the existing rule with “Each Branch Board, at their Annual Meeting, shall elect from among their members of the Board, holding the rank of Inspector, Sergeant, or, as the case may be, Constable in the Police Force, 4 delegates to the appropriate Central Conference.”

 

Rule 15(4) Delete the existing rule in full.

 

Rule 17(2) – replace the existing rule with “The members of each Central Committee shall be elected by their respective Branch Board. Such elections shall take place at the first meeting of the Branch Board following the triennial Branch Board Elections.”

 

Rule 17(3) – replace the existing rule with “For the purposes of electing members as above to each Central Committee, each Branch Board shall elect 1 member.”

 

Rule 17(4) – replace the existing rule with “Members of the Central Committee will each have one vote. Members may only split their allocated number of the votes in the circumstances contained in Rule 3A(5)(3).”

 

Proposed by John Finnie, seconded by Derrick Cronie and passed.