Northern Police Federation

2. Apologies

Angus MacLeod � due to weather

David Miller (am only) � due to weather

3. Opening of Meeting

The Chairman opened the meeting by welcoming everyone present and expressed his pleasure at seeing almost full attendance.

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 approved.

6. Election of JBB Secretary

The Chairman called for nominations for the position of Joint Branch Board Secretary.� John Finnie was proposed by John Jones-Davies and seconded by Derrick Cronie, and there being no other nominations, was duly elected.

The Chairman congratulated John on his re-election and thanked him for his continued contribution over the years.

John in turn, thanked the Board for their continuing support and assistance and assured the Board of his tireless commitment for as long as he remained in post.

The Chairman thereafter called for nominations for the position of Joint Branch Board Secretary Elect.� Calum Steele was proposed by Graeme Ednie and seconded by Derrick Cronie, and there being no other nominations, was duly elected.

The Chairman congratulated Calum on his election and Calum thanked the Board for their support and assured he would give his continued best efforts as Secretary following John Finnie�s retirement next year.

7. Election of JBB Assistant Secretary

The Chairman called for nominations for the position of JBB Assistant Secretary.� Calum Steele was proposed by Graeme Ednie and seconded by Derrick Cronie and, there being no other nominations, was duly elected.

8. Matters Arising

8.1 Legal/Conduct

The Police Advisory Board for Scotland has set up a Working Party to examine the implications of the revision of the complaints process as outlined in the Police Bill.� The Secretary, Deputy General Secretary and the Research Officer are representing the National Federation.

The Secretary reported that all Scottish Branch Boards have been required to provide detailed information regarding their legal protection schemes to the Employment Tribunal.

The request results from an ongoing case involving an officer from another Scottish Force alleging that one aspect of that Board�s scheme is indirectly discriminatory.

Whilst in no way complacent, and awaiting the Tribunal�s ruling with interest, the Secretary advised that he was satisfied that the Scheme operated by this Board could not be considered discriminatory.

As a consequence of this particular case, the Joint Central Committee (JCC) is examining their vicarious responsibility in such matters.

ACPO(S) �draft� Ambient Listening policy has been forwarded to our lawyers for examination and will be put to the Police Advisory Board for Scotland for adoption.� Any local additions will be progressed through the internal meeting structure.

During recent discussions at the Policy Forum on the Professional Standards report, the Deputy Chief Constable agreed a request from the Secretary that the Board be kept appraised of any ongoing prosecutions relating to malicious complaints against the police.� This welcome assistance will ensure that the maximum publicity can be secured for any conviction.

8.2 Police Pay and Conditions

a. PNB and other Circulars

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

PNB Circular 05/12 detailed the �PNB report to the Prime Minister�.

SPPA Police Pension Circulars 5 & 7 �The Police Pensions (Part Time Service) (Scotland) Regulations 2005�

SPPA Police Pension Circulars 6 New Pension Scheme � An Update

b. Removal Allowance

The Secretary advised the Board that the long awaited Guidance on this subject had been prepared in consultation with the Head of Finance, Paul Fraser.

It was hoped this Guidance could have progressed through the Executive Advisory Group, however, several questions were raised over its regulatory accuracy resulting in its progress being devolved to the Force meeting structure.

The Secretary Elect advised the Board that the paper had been debated at the recent HR Practitioner Group with some of the comments tendered simply referring to long standing inaccurate application and misunderstandings.� Any comments on the Guidance are to be made in writing to the Head of Finance for early clarification.

In addition, a complimentary flow-chart/questionnaire is being developed by Paul Fraser, the Secretary and Secretary Elect with a view to establishing a protocol between the transferring officer and the receiving Service Unit Manager, which should ensure consistent and equitable application of what is recognised as a difficult regulation.� (NOTE This Guidance was agreed at the Management Service Group on 17th January 2006)

c. Pensions

The Secretary reported that a significant update on pensions was available in the November JCC Minutes published in the last few days. The areas covered include a summary of progress, Draft NPPS regulations, Members �Guide, blueprint for transitional arrangements, transfers between PSNI and GB forces, conversion rate between current and new schemes, review of retirement ages, HMRC related issues, civil partnerships, guidance on unmarried partners benefits, guidance on ill-health benefits and retirement procedures, injury award regulations and a review of injury awards.� It is intended to discuss a media strategy with the Official Side, a NPPS �Commentary which should be in draft form shortly and a Frequently Asked Questions for NPPS is in Draft Version 5.

The Secretary took the opportunity to remind Representatives that they should exercise caution in dealing with any pension enquiry in order that nothing they say could be construed as providing �actuarial advice.�� All available information with be provided to the Membership who should seek appropriate independent advice on any financial matters.

The Force have access to all the information mentioned and have been encouraged to ensure appropriate information is relayed to any recruit joining after 1st April 2006.��

The Secretary AGREED to obtain clarification on the pensions implication of the Force�s �Home Computers� initiative.� (NOTE:� This matter is addressed in PNB Circular 05/15 �Flexible Benefit Salary Sacrifice Scheme for Police Officers� available at www.ome.uk.com )

d. Vetting

The Secretary reported that this matter is now progressing satisfactorily at national level with detailed consultation ongoing and to be concluded at the Police Advisory Board for Scotland.

e. Official Side�s proposals

The proposals were outlined in the PNB News Bulletin �1� and are being considered nationally.� A second Bulletin Board, dated 2nd December, provides further information.

The Meeting discussed this matter at some length with the views expressed consistent with the approach being taken nationally.

The General Secretary has written to Chief Constables seeking them to become actively involved in discussing the wide-ranging proposals.

As happened at the time of the Sheehy Inquiry, Members are to be surveyed via a questionnaire available for completion electronically in the Members� Section of the national website www.spf.org.uk .� The Secretary Elect will ensure the Membership is given a password.

f. Regulatory Non Compliance

The Secretary advised the Board that following a lengthy productive meeting between himself, the Assistant Secretary and the Head of Operations on �Regulatory Non Compliance�, it was agreed that the Secretary would write the Head of Operations advising of the many issues of agreement and, thereafter, the Head of Operations would write to all Service Unit Managers (SUMs) instructing compliance.�

Subsequent discussions with the Head of Operations indicate that the points raised were generally accepted.

The Meeting discussed this matter at considerable length - combining ��New Business item 9.1. Duty Management and Rosters� � issues referred to included the number of persons eligible to access duty rosters and therefore make changes (estimated at 25% of workforce), the need for a speedy IT solution;� the benefits which may be accrued from the Group examining a system known as CARM (Computer Assisted Resource Management) which �could be available in 6-9months�; the perceived difficulties in maintaining Minimum Safe Staffing Levels (MSSL);� the misconception that MSSLs can only be made up from uniformed beat officers;� the overview required of Time Off in Lieu; the benefits for officer safety from command and control systems and the belief that improvements would be forthcoming.

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The Secretary advised that it was incumbent upon every officer to advise their supervisor of any occasion when MSSLs would not or were not being met.� The Meeting AGREED to monitor compliance.

8.3 Health & Safety

a. Uniforms/Officer Safety Equipment

The Secretary reported the working group examining uniform nationally had moved on to examining the issue of body armour and protection levels.

Locally, the Secretary intimated that the Force position on body armour is unequivocal �Wearing will be mandatory in operational situations�.�

A wide ranging discussion on this policy, covering issues such as personal risk assessments, back problems associated with wearing; certain Units understood not to be required to wear; the impracticability of the covert armour; difficulties regarding a mandatory wearing in vehicles policy which affects officers with known back problems .� The Secretary AGREED to raise this matter and report back. (NOTE � a Group comprising the Head of Operations,� Chief Inspector Operational Support, the Health and Safety Advisor and the Secretary Elect is to meet on 1st February to discuss this matter)

The Secretary and Secretary Elect have accepted an invitation to attend an awareness presentation on the pending deployment of �Taser�.

b. Accidents, Injuries and Near Misses

The Secretary Elect advised the Board of correspondence he had received in relation to a near fatal injury sustained by a colleague in an English force.� The officer was carrying a long barrelled handcuff key on his belt loop and, during a struggle with a prisoner, this key punctured the officer�s femoral artery resulting in considerable blood loss.�� It was later suggested that had he individual who administered first aid removed the key, the injury could have proved fatal.� The Secretary Elect has already communicated this information to the Force Learning Unit in order that the information is disseminated to all Force Officer Safety Instructors.� The Meeting AGREED the matter be placed on both our web page and in the Force Information Bulletin.

The Secretary Elect further advised the Meeting that there was a continuing and disappointing trend in Accident Reports insofar as little, and indeed in some cases no, investigation and/or remedial action were detailed as having taken place.� Of continuing concern were the incidents in which it appeared approved officer safety techniques were not being followed.� The Board AGREED it may be that techniques were being properly followed in most cases and that it was the wording used on the forms that indicated otherwise.� The importance of full and accurate recording cannot be over stressed and it was hoped that an electronic �link �on the Accident Form could be introduced.�� The Secretary Elect has been collating the number of accidents/injuries or near misses received at the Federation Office for the calendar year �till the beginning of December and provided a detailed resume of the statistics.

c. Airwaves

The Secretary reported having formally requested that the Force undertake Audio Testing for all staff who may be called on to use Airwave sets, and therefore earpieces.� The purpose of this was to identify existing or potential audiometric difficulties and provide a base-line against which future �issues� could be examined.� The official response to the request was �The issue of hearing testing for officers using airwave terminals will be raised through ACPOS Health, safety and Wellbeing Committee.�� The Secretary advised he considered this unsatisfactory and that he would monitor the time taken to progress this matter which is largely redundant due to the system being in use.

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d. Blood Borne Viruses

The Meeting commended the Force�s poster campaign �Have you been exposed?� Risk of Transmission of Blood Borne Virus�.

e. Occupational Health

The Meeting commended the �Guide to Northern Constabulary�s Occupational Health and Welfare Services� pamphlet issued to all staff.

The Secretary highlighted the role played by Representatives in supporting officers absent from duty through illness and stressed the benefits of good occupational health support.� There are an alarming number of missed occupational health appointments which is costly to the organisation not only in time but also money and missed opportunities for other patients.� The Meeting AGREED that Members should, at all times, co-operate fully with Occupational Health requirements.

f. Workforce Agreement

The Meeting AGREED to renew the existing Agreement in January .

g. Minimum Safe Staffing Levels

The Secretary reported that this matter had featured in the lengthy discussions with the Head of Operations who was advised that, whilst ineffective rostering plays a part in failure to achieve agreed levels, the fundamental cause remains insufficient officers being deployed on front line uniformed operational duties.� The Force have been advised that, as all supportive attempts to assist seem to being disregarded, should a Member sustain an injury that can be directly attributed to the Force�s disregard of its own risk assessments, then speedy and detailed examination will be made as to all possible avenues of legal redress.

Last years� UK Health and Safety Inspection covered �custody areas� and suggestions are being sought for next year�s.� (NOTE: this matter has now been decided and the coming year�s theme will be �police vehicles�).

8.4 Joint Branch Board Constitution

The Secretary Elect reported receiving an apology from our web provider in relation to their being unable to conclude the establishment of a voting forum on our web site.� The matter will be progressed as a matter of urgency, however, the forthcoming elections would be undertaken in paper form.

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8.5 CBRN Training issues

The Secretary advised the meeting that Lothian and Borders Police have now taken overall Scottish responsibility for this matter and, following further clarification on local matters, he will meet with the Head of Operations to progress this important issue.

8.6 �� Grievance Procedure/Harassment & Bullying Policy

The Secretary advised the meeting that progress was being made on this issue. Alistair Graham, Human Resources, has begun to consolidate both documents with the hope of reintroducing confidence into the system.� The Assistant Secretary reported that a proposed new FRD, combining both current documents had been submitted to the recent HR Practitioner Group for approval and was the subject of lively debate.� Contained within the document are proposals for an �informal stage� in which mediation could be used.� Discussions in relation to mediation are at a very preliminary stage.� Also contained with the document is the requirement for complaints of Bullying and Harassment to be raised through the Grievance Procedure.

8.7�� Group Insurances

The Secretary advised the Board that, prompted by the new Civil Partnership legislation, our Insurance Broker negotiated with Canada Life and Norwich Union, to have �partners� of Members included within the scope of the Group Life and the Group Personal Accident & Sickness Schemes.� Whilst some marginal issues remain to be clarified, this will represent a significant improvement for the Membership.� A further improvement has also been made which allows �a window of opportunity� for Members who previously elected not to include the �spouse element� of cover within the Group Life Scheme, to do so now with no retrospective penalty.

Partners are defined as �a person to whom the member is married or if the member is not married, a person

who is openly co-habiting with him or her and who has been so co-habiting for the six month period prior to the date of their inclusion in the policy.�

8.8 National Rules Change

The Secretary advised the Board that, thanks to pragmatism from all quarters, considerable progress has been made on this issue following this year�s Annual Conference and that he was hopeful of a satisfactory outcome at the next JCC Meeting.

8.9 Variable Shift Arrangements (VSA)

The Secretary advised that the detailed discussion at the last Board Meeting regarding a proposal to have annual leave in a proposed VSA for Lewis and Harris calculated in hours was shared with the Member who originally raised the issue.� The Proposal was subsequently amended to reflect �Annual Leave being calculated in Days� and, following the agreed process, the Joint Branch Board approved a one year trial.

8.10 FRD D7

The Secretary Elect advised the Board that, despite several requests for information and statistics about selection criteria previously applied in the �transfer� process, the Force now appears reluctant to provide same.

He stressed that, in the absence of this necessary information, he was uncomfortable with the possibility that any Board Member could find themselves involved in a �potentially discriminatory� transfer process.�

The Secretary echoed the concerns voiced adding he was very disappointed at the Force�s apparent unwillingness to acknowledge that, if any member of the forum taking decisions held any concerns about a process, albeit they may subsequently proved to be unfounded, then the matter must be addressed to all participants� satisfaction.� The Meeting was unanimous in the view that the Membership rightly expected Federation representation at any forum making transfer decisions and that it would be inappropriate for the Board�s Officials to withdraw from the process.� The Secretary and Secretary Elect indicated they wished to continue to participate and were hopeful that the Force would swiftly return to their original position at the time of the request i.e. �the information will be supplied�.

9.0 New Business

9.1�� Pursuit Management

Alistair McBean advised the Board that he recently attended an Instructors� Seminar on �Pursuit Management� at the Scottish Police College (SPC) and went on to highlight a number of important factors for the Force i.e. the importance of having such a policy;� the significant� training implications of a revised policy, not only for the operational officers but significantly for Control Room staff who require to give �authority� to pursue;� a concern there will be potential reluctance for authority to be granted with the implications of criminals� awareness of same.� Another Member who had attended the training gave a resume of the course suggesting, as had been fed back to SPC, it was insufficient in length; the Meeting AGREED this was a sensitive issue, the core of which was officer and public safety, and that the practical implications of the change would be monitored.

9.2 JBB 30 Year Policy

Derrick Cronie advised the Meeting that he viewed the Board�s long-standing policy on retiral on completion of 30 year�s Police Service was both divisive and discriminatory.�� He added that the Membership could take advantage of a �30+ Scheme�, the new Police Pension Scheme was effectively a �35 year Scheme� and our policy was now at odds with the national position.� John Jones Davies stated that the policy conflicted with the Board�s stance on discriminatory policies and meant that individuals with a lot to offer have been lost.� A motion that �the present policy be rescinded� was proposed by Derrick Cronie, seconded by John Jones-Davies and carried.

9.3 Duty Management & Rosters

Callum Scott indicated that he was content that this matter had been addressed in full at �item 8.2.f�.

9.4 Annual Conference Motions

1. Scottish Police Negotiating Board

This Joint Branch Board asks Annual Conference to instruct the Joint Central Committee to commence negotiations to ensure that, at the earliest opportunity, the terms and conditions of all Scottish Police Officers are negotiated and concluded within Scotland via a properly constituted �Scottish Police Negotiating Board�.

Proposed by John Finnie, Seconded by Calum Steele and carried.

2. Temporary Salary

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to actively pursue the abolition in its entirety of Annex I, Regulation 27 Police (Scotland) Regulations 2004 and replace with a new Annex I to read, �Any member of a police force required to carry out duties normally performed by a member of the force of a higher rank than their own shall be paid in respect of each completed hour of duty, at which they are required to perform such duties at a rate equal to the lowest rate of pay to which the member would be entitled on promotion to the higher rank.�

Proposed by Calum Steele, Seconded by Malcolm Taylor and carried.

3. Police (Scotland) Regulations 2004 - Offence

This Joint Branch Board asks Annual Conference to instruct the Joint Central Committee to actively pursue the amendment of the Police (Scotland) Regulations 2004 to include the words, �Any person who knowingly causes the provisions of these regulations to be breached shall be guilty of an offence.�

Proposed by Calum Steele, Seconded by John Finnie and defeated.

4. Health & Safety Arrangements - HMIC to examine

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to actively encourage Her Majesty�s Inspector of Constabularies to inspect Health & Safety arrangements within forces, as a matter of routine during primary inspections.

Proposed by Derrick Cronie, Seconded by Ali McBean and carried.

5. Annual leave

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to seek similar compensation to that afforded to annual leave days when an officer is required to work on a public holiday during a period of annual leave.

Proposed by Calum Steele, Seconded by John Finnie and carried.

6. Relocation Package

This Joint Branch Board asks Annual Conference to instruct the Joint Central Committee to vigorously pursue the introduction of a fair relocation package, over and above the current reimbursement of expenses, to accurately reflect the significant stresses and disruptions to an officer and their family when, due to the exigencies of police duty or in the interests of the efficiency of the force, that officer moves home.

Proposed by Calum Steele, Seconded by John Finnie and carried.

7. Office of Constable

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to resist any attempt to dilute the status of the office of Constable.

Proposed by Calum Steele, Seconded by John Finnie and carried.

8. Officers Held in Reserve

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to vigorously pursue the introduction of an allowance, over and above the current arrangements, to accurately reflect the significant stresses and disruptions that occur when an officer is held in reserve away from their normal place of duty.

Proposed by Calum Steele, seconded by John Finnie and carried.

9. Flexible working

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to seek the right for flexible working to apply to all officers within the Scottish Police Service.

Proposed by Calum Steele, seconded by John Finnie and carried.

10. G8 Acknowledgement

This Joint Branch Board asks Annual Conference to thank all those officers who in the face of ludicrous working hours, poor leadership and threat to personal safety made the G8 summit pass largely without incident.

Proposed by Calum Steele, seconded by John Finnie and defeated.

11. Child Care Costs

This Joint Branch Board asks Annual Conference to ask the Joint Central Committee to actively pursue the right for an officer to reclaim expense incurred in securing child care as a direct result of any additional operational need or as the case may be, in the event of any additional operational need for which, in the event, they were not required for duty.

Proposed by Calum Steele, seconded by John Finnie and carried.

10.0 AOCB

10.1�� Probationary Constable Patrol Arrangements

The Secretary Elect sought the Board�s view on whether they felt it in the best interests of probationary officers to patrol unaccompanied, to patrol solely with members of the Special Constabulary or to patrol solely with other probationary officers.� He advised the Board that he was raising this issue as a direct result of the tragic shooting of Constable Sharon Beshenivski who was fatally wounded whilst attending a robbery with her colleague, Constable Teresa Milburn, who was also shot. Both officers were in their probation.� The Secretary further advised the Board of the Motion passed at the Constables� Branch Board i.e. �� to ask Annual Conference to ask the Joint Central Committee to petition the Scottish Executive and ACPO(S) to ensure that under no circumstances, during the entire period of their probation, will officers patrol unaccompanied, patrol solely with Special Constables or patrol solely with other Probationary Constables�.

Following discussion this motion was formally proposed by the Secretary Elect, seconded by the Secretary and defeated.

10.2 Regulation 28 Application

The Secretary Elect advised the Board of an alarming development with the Force�s application of Regulation 28 Police (Scotland) Regulations 2004, �sick pay arrangements�.� The Meeting was advised of a recent case in which a Member who had been on long term sick was automatically placed onto half pay, advised of this some 14 days later and told he could make retrospective application to have this decision reversed.� This unexpected position left the officer facing short term financial difficulties and understandably caused the officer some considerable distress.� The Secretary advised that his enquiries revealed that this was a highly unfortunate administrative error which was subsequently corrected.� He had discussed administrative arrangements with both the Heads of Finance and Human Resources and had been assured mechanisms were in place to prevent a repetition.� The Secretary Elect advised the meeting that the Chief Constable was to be commended on the humanitarian way he deals with this difficult and emotive Regulation.�

10.3 Impact of Misconduct on CRTP/SPP

Alasdair Goskirk raised the issue of recent papers presented to the Human Resources Practitioner Group on 21st October which sought to have Competence Related Threshold Payments and Special Priority Payments 2005 withheld for misconduct disposal which were �minor and trivial� and therefore not open to challenge.� The potentially significant financial implications of such a proposal were outlined in detail.� The Secretary Elect indicated that discussions at the Group had covered the many valid points raised but were confused by the status of the Papers, apparently submitted for discussion and �approval�, but determined to be policy for �noting�.�� Following discussion the Meeting AGREED a proposal from the Secretary that he meets directly with the Deputy Chief Constable to highlight the widely held concerns.