Minutes of the Annual
General Meeting held within Lochardil House Hotel, Stratherrick Road, Inverness
Wednesday 13th and Thursday 14th February 2002.
1. MEMBERS
PRESENT
Murdo Cameron John Jones-Davies
Derrick Cronie George MacDonald
John Darcy (Vice Chair) John MacDonald
Alan Drummond Reay MacKay
Graeme Ednie Neil
MacKinnon
John Finnie (Secretary) Blair Marquis
Murdo Fraser Alistair McBean
Alan Heath James Simpson (Chair)
2. APOLOGIES
FOR ABSENCE
David Ross - Representing
the Board at the Mass Lobby of Parliament
Mairi Steel - Sick Leave
3. OPENING
OF MEETING
The Chairman opened the
Meeting by welcoming everyone present.
He stated that, given the large number of parliamentary constituencies
within the Force area, it was important the Board were represented at today's
Mass Lobby of Parliament and David Ross, Assistant Secretary, was in attendance
and scheduled to meet local MPs and other politicians.
The Chairman spoke of
officers not on the Board who had raised concerns about the current position
regarding terms and conditions with MPs and MSPs and thanked them for their
efforts on behalf of their colleagues
The Chairman also asked that
the minute record the Meeting's best wishes to Mairi Steel for a speedy
recovery. He then went on to outline
the agenda for the next two days then adjourned the Joint Meeting in order that
the Separate Rank Committees could convene.
The Joint Meeting
reconvened at 11.55am and was joined at noon by the Chief Constable, Mr Ian
Latimer. Mr Latimer addressed the Board
at length and answered questions from the Members on a variety of issues.
The Chairman warmly thanked
Mr Latimer for taking time out from his busy schedule to meet with the Board,
for his comprehensive address and the frank manner in which he answered the
questions posed. Mr Latimer thanked the
Board for the invitation to attend and joined Members for lunch.
4. DELEGATES
AND RESERVES TO JOINT CENTRAL COMMITTEE
Constables
Delegate: John Finnie
Reserves: David
Ross, Jimmy Simpson, Murdo Cameron, Graeme Ednie, Ali McBean, Reay MacKay,
Mairi Steel
Sergeants
Delegate: John Jones-Davies
Reserves: Derrick Cronie, Alan Heath,
Murdo Fraser,
Neil MacKinnon
Inspectors
Delegate: George MacDonald
Reserves: Alan Drummond, Blair
Marquis John MacDonald,
John Darcy
5. DELEGATES
AND OBSERVERS TO ANNUAL CONFERNECE
Constables
Delegates: Murdo
Cameron, John Finnie, David Ross and James Simpson
Observers: Graeme
Ednie, Reay MacKay, Alistair McBean and Mairi Steel
Sergeants
Delegates: Derrick
Cronie, John Jones-Davies, Murdo Fraser and
Neil MacKinnon
Observer: Alan Heath
Inspectors
Delegates: John Darcy, Alan Drummond,
George MacDonald and
John MacDonald
6. ADOPTION OF STANDING ORDERS
Proposed by Derrick Cronie
and seconded by Alistair McBean.
7. APPROVAL OF MINUTES OF LAST MEETING
Approval of the minutes of the last meeting was
proposed by John MacDonald
and seconded by Graeme
Ednie.
8. TREASURER'S
REPORT AND BALANCE SHEET
The Treasurer presented the
certified Annual Accounts which were formally adopted.
9. MATTERS
ARISING
9.1 LEGAL ADVICE/ASSISTANCE
1. Ongoing
Legal Cases
There are presently 18
cases ongoing with two settled since the last meeting.
2.
Discipline/Misconduct
Laminated cards 'Guidance
to the Membership' have now been obtained and will be distributed.
Senior Counsel's Opinion is
to be obtained to clarify the role of the HMCIC in Complaints from Police
Officers.
RETAIN
9.2 POLICE PROPERTIES/HOUSING
A Member queried why police
houses identified for disposal were being offered to Housing Associations
rather than police officers.
The Secretary outlined the
legal position i.e. that houses deemed surplus to requirements were required,
in the first instance, to be offered to the Police Authority. The Authority in turn was obliged to offer
the properties to constituent authorities and the current political view is
that housing stock should be removed from local authorities to housing
associations.
(Note: Police officers
occupying police provided accommodation are not considered as having 'secure
tenancy' in terms of the 'the right to buy' legislation. In recent years only properties deemed
'surplus to operational requirements' have been disposed of. In response to a question on this matter, Mr
Latimer indicated that, although he had not, as yet, examined this issue in
detail, he would clearly be bound by legal restraints and did not envisage any
wholesale disposal.)
DELETE
9.3 CRIMINAL
INJURIES COMPENSATION
There are presently 8 cases ongoing with two
satisfactory settlements since the last meeting.
DELETE
9.4 POLICE PAY AND CONDITIONS
a. Disregard
of First Half Hour
As discussed at the
previous meeting, the Secretary was involved in discussion with the Chief
Constable on the Force's position with regard to recompense for the time
covered by the Disregard of First Half Hour.
Forces are now in receipt
of an agreed position from the Independent Secretariat of the Police
Negotiating Board on Disregard of Casual Overtime - Qualification for
Time Off in Lieu. The Meeting discussed the issue at some
length following which the Secretary was instructed to try and secure a
collective agreement.
b. PNB
Working Party on Pay
§
This was acknowledged as a
'fast-moving issue' and the Secretary highlighted the main points since the
last meeting;
§
Six Bulletins have been issued
to keep the Membership fully appraised of developments with regard to Pay and
Conditions.
§
Members were pleased with
both the turnout and result of the vote on the Heads of Agreement and the media
coverage thereof.
§
Conciliation on the Heads
of Agreement took place on 25th February with no agreement reached
and a further meeting is scheduled for 18th March.
§
The Joint Central Committee
(JCC) met on 5th & 6th March and agreed a position
regarding the relative priorities to be pursued and also decided that nothing
would be 'agreed' without referring the matter back.
§
A Special Meeting of the
JCC has been arranged for 21st March to discuss the outcome of the
conciliation meeting on 18th inst.
§
The Assistant Secretary's is
representing the Board at the Mass Lobby of Parliament and will be meeting a
number of constituency MPs.
§
Members' noted the
advertisements appearing in today's papers.
§
MPs and MSPs are being contacted
and receiving detailed information on 'Police Reforms & Pay and Conditions
- the Scottish Perspective'.
c. Removal Allowance
The tendering
process for the Relocation Scheme is now complete and been referred to
the Force Executive.
Two cases, involving Mortgage
Guarantee Premia, which could not be resolved locally, are being referred
to the Side Secretaries of the Police Negotiating Board.
d. Changes
to Pay Period
This item was the subject
of detailed discussion with a Member posing questions, particularly with regard
to the consultative process, to the Chief Constable on the issue.
The Meeting recognised that
savings, equivalent to two additional constables, could be made and regretted
that the consultative process had not been more informative on the that aspect
of any change.
Following discussions with
Mr Latimer, the Board are content that any future consultation will be
meaningful. (Note: Monthly salary payments will commence in April 2003)
The Secretary advised the
meeting that the Force are aware of the Side Secretaries of the Police
Negotiating Board's clarification of the provisions of PNB Circular 01/2 application
of the Working Time Regulations 1998, as amended by the Working Time Amendment
Regulations 1999 as regards Payment for Annual Leave.
(The letter from the
Independent Secretariat, dated 10 January 2002, stated 'on termination of
employment, an officer who has not taken his/her proportionate annual leave
entitlement at date of termination in entitled to pay in lieu. This provision took effect on 8th
February 2001')
As advised at the last
Meeting, the Force are aware of the provisions of PNB Circular 01/22 maternity,
maternity support, parental and adoption leave and time off for dependants
and in the process of ensuring that all relevant Force Reference Documents
comply with its terms.
PNB Circulars:
01/23 Guidance on the Allocation of 'Additional'
Public Holidays in Scotland (This Circular does not sanction an
increase in the number of public holidays, rather it provides guidance to
Forces as to how to allocate any such 'additional' days e.g. the Millennium).
01/24 Reintroduction of the ranks of chief
superintendent, deputy assistant commissioner and deputy chief constable.
01/25 Leave arrangements for NCIS officers serving
overseas ('an entitlement to return home with their household
once a year at public expense').
02/01 Amendment to PNB Constitution (changes
name of constituent member to 'Northern Ireland Policing Board').
02/02 Electronic Version of PNB Circulars (www.ome.uk.com).
02/03 Change to chief officers' pensions ('no
longer excludes the chief officer ranks as listed from being entitled to an
ordinary pension under Regulation B1(1) unless they have reached the age of
60').
02/04 Extension of part-time working to all ranks and
pro rata payment of South East Allowance.
SPPA -
Police Pension Circulars 2002/1 and 2002/2 have been received and principally relate to Pension
Sharing on Divorce. These
Circulars stipulate that the Force should draw Officers' attention to the
content therein and the Secretary agreed to clarify where responsibility for
this lay.
The Scottish Executive
White Paper Making Scotland Safer: Improving the Criminal Justice System,
which was responded to both locally and nationally has some
significant implications for the Service regarding turnkeys', prisoner
escorts' and 'court custody officers'.
The 'Generic Thematic
Protocol' for the HMIC Thematic Inspection on Public Reassurance and Police
Visibility has been received along with intimation that HMI have requested
all forces carry out a small-scale activity analysis during March in advance of
the Inspection. The exercise in this
Force will run in Ross, Cromarty and Skye from 20th -26th
March 'and officers will not be required to complete any forms'. The General Secretary has expressed the
JCC's misgiving about activity analysis exercises to HMIC staff.
The Consultation
Paper Proposals for a Vehicle Identity Check Scheme is to be
responded to.
RETAIN
9.5 FORCE PERSONNEL POLICIES
a. Leadership Training
Nothing to report.
DELETE
b. Force Welfare Advisor
The Meeting were
disappointed that, unlike on previous occasions, the Board were not involved in
the recruitment process for the Welfare Advisors, however, welcomed the fact
that the Force now has permanent Welfare provision.
DELETE
c. Critical Incident Debriefing
Advertisements will be
placed in the Force Information Bulletin outlining the principals of Critical Incident
Debriefing seeking volunteers to participate in Peer Counselling Scheme. The Meeting welcomed any initiative which
could contribute to a reduction in the levels of stress being experienced.
DELETE
d. Redeployment Working Group
The Redeployment Working
Group, which included David Ross and Alan Drummond, convened 'To put in place a
policy for the redeployment of staff unable to fulfil the duties for which they
were originally employed to undertake' has concluded its deliberations which
are to be considered at the forthcoming Human Resources Practitioner Group.
RETAIN
Selection
and Deployment Policy for Constables and Sergeants
Following two recent
Transfer Appeal Panel decisions, the Secretary sought clarification from the
Human Resources Department as to whether those decisions were to be interpreted
as a departure from the Force Reference Document references to 'tenure' as it
related to 'station' rather than 'post' occupied.
This matter was briefly
discussed at the Joint Negotiating and Consultative Committee and subsequently
proposals, including the suggestion that moves within a 25 mile radius which
are not a change of Area Command or Service Unit would not be considered a
change of tenure, were put together by the Andrea Sillars and Lindsay Ferries
and circulated to Board Members.
The Secretary cautioned
against the Board sanctioning any policy which introduced a mileage criteria as
this could have wide-ranging financial implications for Members, not simply
with regard to travel, where in most areas public transport is limited, if
existent at all, but significantly in relation to question of removal allowance
and taxation.
The Meeting agreed that a
small group, comprising Derrick Cronie, Reay Mackay and Blair Marquis consider
Representatives' views and compile a response on behalf of the Federated Ranks.
RETAIN
9.6 HEALTH AND SAFETY
The Risk Assessment
relating to public patrolling with police officers, now titled
Non-Police Staff Observing Police Force Operations was circulated to
Representatives for their comments.
This matter was considered
along with 'item 10.2 Media Services' and Members welcomed the Generic
Assessment, particularly the requirement that the driver be satisfied regarding
the carriage of 'additional equipment'.
The Meeting agreed that the
existence of a Generic Assessment would assist in the provision of the Specific
Risk assessment required to be compiled for each individual occasion. The Secretary is to secure clarification on
a number of legislative issues connected with such activities.
The question of work
placement within police offices is addressed by the fact that
'persons on a work placement are classed as employees and would therefore be
covered by the risk assessment already in place for work in offices (NC 06)'.
The meeting noted the
content of the Risk Assessment Working on Oil Rigs has been prepared.
a. Minimum Safe Staffing Levels
The Management Services
Group meeting of 12th December considered
Minimum Safe Staffing Levels in the context of the Resource
Availability Force Reference Document.
That meeting agreed 'a local instruction be drafted by each Area
Commander by 31 March 2002 and thereafter filed locally as Section D of the
Force Reference Document. The on-going review
process would be taken forward by the Head of Operations through Performance
Review.' Representatives agreed to
closely monitor this matter.
b. Working Time Regulations
A copy of the Force's 2001
Audit of the Working Time Regulations was
circulated to all Representatives.
c.
Health Assessments
The processing of
Night-worker Health Assessments, as required by the Working Time Regulations,
was ongoing and the Meeting hope all staff will cooperate fully with this
important process.
d. Occupational Health.
The tendering process for
an in-force Occupational Health Service is ongoing.
e.
Officer Safety Equipment
There is no update on the
provision of the undergarment to be worn with the Safety Equipment.
The Standing Sub-Committee
on Self-Defence and Restraint (SDAR) provided an update on the Incapacitant
Spray PAVA recommending that confidence in the police use of
Incapacitant sprays will best be secured by ensuring that adequate research is
completed before any wider use of PAVA is contemplated.
The Airwave Project
Team have provided detailed responses to the technical queries posed regarding
safety issues surrounding Terrestrial Trunked Radio. The issued is monitored at UK level by the National Chairman who
provides regular updates on progress.
The Meeting noted the
proposed Force Reference Document on First Aid, to be considered at the
forthcoming Human Resources Practitioner Group, and in particular the section
relation to Incident Reporting.
9.7 PERSONAL
INJURY COMPENSATION
The Secretary outlined the
background to the proposal made to the Northern Joint Police Board, in August
2001, i.e. that they put in place an insurance Scheme to cover payments to individual
officers permanently disable as a result of an injury received in the execution
of their duty, but where the injury is not so serious as to necessitate the
ill-health retirement of the officer.
In January of this year the
Clerk to the Board referred the matter to the Chief Constable. The issue was considered at the recent JNCC
at which time the Board's Representatives deferred progressing the matter
further pending any national developments flowing from related proposals in the
Heads of Agreement.
DELETE
9.8 MOTIONS
FOR ANNUAL CONFERNCE
Annual Conference motions,
previously distributed to Representatives, were discussed and speakers
agreed. Two amendments to the Board's
motions have been proposed by another Board and, after discussion, it was
agreed to accept one of the amendments.
RETAIN
9.9 COMMUNICATIONS
Derrick Cronie provided an
update on his examination of better use being made of technology for
disseminating information advising that it would be inappropriate to consider
the matter until after the new E-mail system is installed. The meeting thanked Derrick was his work
with this matter.
DELETE
10. NEW
BUSINESS
10.1 RETENTION IN CUSTODY OF PERSONS ACCUSED
OF POLICE ASSAULT
A Member expressed concerns
at an apparent reluctance to retain persons in custody following assault on
officers. After discussion on the Lord
Advocate's Guidelines and an acknowledgement that each individual case requires
to be considered on its individual merits, it became apparent this concern
focused on one area. It was agreed the
matter be raised locally and if resolution couldn't be reached further avenues
would be explored.
(Note: In response to a
question on this subject, the Chief Constable advised Members that he considers
any attack on an officer a matter of the utmost seriousness. He added that, if
provided with details of cases giving rise to the concern, he would be happy to
raise the matter with the Regional Procurator Fiscal)
RETAIN
10.2 MEDIA SERVICES
This matter was discussed
at '9.6 Health and Safety - Public Patrolling with Police Officers'.
RETAIN
10.3 EVALUATION
OF NORTHERN CONSTABULARY BEST VALUE REVIEW
A Member, in receipt of a
detailed letter from an officer querying the Best Value Review, indicated that,
having heard the Chief Constable's comments about Best Value, namely that there
is no point if the cost of the process exceeds the benefits, felt able to allay
the officer's concerns.
DELETE
10.4 'WORK TO RULE'
A Member indicated that he
was having difficulty addressing questions raised by the Membership as to the
parameters of working within regulations. The Meeting recognised the sentiments giving rise to such
current enquiries and the Secretary agreed to examine a number of issues in
order to provide some clarity to Representatives.
DELETE
10.5 MEDIA RELEASE PROTOCOLS
The Meeting discussed the
compilation of Media Releases and indicated satisfaction with the present
arrangements.
DELETE
10.6 BRANCH BOARD CIRCULATIONS
The Meeting discussed roles
and responsibilities associated with the compilation and distribution of Joint
Branch Board Circulations and indicated satisfaction with the present
arrangements.
DELETE
11. SECRETARY'S
CORRESPONDENCE
