Northern Police Federation

SCOTTISH POLICE FEDERATION

NORTHERN BRANCH

Minutes of the Annual General Meeting held within The Glenmoriston Hotel, Inverness on Wednesday 1st and Thursday 2nd March 2006.

1. Members Present

Julie Connor

John Crawford

D Craig Dale

R Alan Drummond - Chairman

Graeme Ednie - Assistant Secretary Elect

John Finnie - Secretary

Simon Fraser

Hamish Grace - Vice Chairman

Archie Henderson

George MacDonald

Neil MacDonald

Linsey MacKintosh

Angus MacLeod - part of meeting

Alistair McBean

David Miller - part of meeting

Donnie Ross

Calum Steele - Secretary Elect

2. Apologies

Angus MacLeod - late due to weather

David Miller - late due to weather

Jim Neil - personal business

3. Opening of Meeting

The Secretary opened the meeting by welcoming everyone present, particularly those attending for the first time.

He outlined the timetable for the following two days following which Members adjourned to their individual rank Boards.

4. Election of Chairman

The Meeting reconvened at 11.15 am.

The Secretary calling for nominations for the post of Joint Branch Board Chairman; Alan Drummond was nominated by Donnie Ross and seconded by Hamish Grace and, there being no other candidates, was duly elected.

The Chairman thanked the Board for their confidence in him and the support given and advised he would do his very best to serve the Board in the coming months prior to the appointment of his successor.

5. Election of Vice Chairman

The Chairman called for nominations for the post of Vice Chairman; Hamish Grace was nominated by John Crawford and seconded by George MacDonald and, there being no other candidates, was duly elected. Hamish thanked the Meeting.

6. Office Bearers For Separate Boards

Constables’ Board

Chairman: Alistair McBean

Vice Chairman: Graeme Ednie

Secretary: John Finnie

Assistant Secretary: Craig Dale

Sergeants’ Board

Chairman: John Crawford

Vice Chairman: Hamish Grace

Secretary: Simon Fraser

Assistant Secretary: Archie Henderson

Inspectors’ Board

Chairman: Alan Drummond

Vice Chairman: George MacDonald

Secretary: David Miller

Assistant Secretary: Donnie Ross

7. Joint Negotiating and Consultative Committee

As per the Constitution, the Joint Branch Board Office Bearers Alan Drummond, Hamish Grace, John Finnie and Calum Steele were formally appointed.

8. Delegates & Reserves to Joint Central Committee

Constables’ Central Committee

Delegate - John Finnie

Reserves - Calum Steele, Graeme Ednie and Alistair McBean

Sergeants’ Central Committee

Delegate - John Crawford

Reserves - Hamish Grace, Angus MacLeod and Archie Henderson

Inspectors’ Central Committee

Delegate - Alan Drummond

Reserves - Donnie Ross, George MacDonald and David Miller

9. Delegates/ Observers to Annual Conference

Constables’ Board

Delegates - John Finnie, Calum Steele, Graeme Ednie and Alistair McBean

Observers - Neil MacDonald, Lindsey Mackintosh, Craig Dale and Julie Connor

Sergeants’ Board

Delegates - Angus MacLeod, John Crawford, Simon Fraser and Hamish Grace

Observer - Archie Henderson

Inspectors’ Board

Delegates - Alan Drummond, Donnie Ross, George MacDonald and David Miller

10. Adoption of Standing Orders

Standing Orders were formally adopted.

11. Election of Assistant Secretary Elect

Graeme Ednie was nominated by Alistair McBean and seconded by Craig Dale and, there being no other nominations, was duly elected. Graeme thanked the Meeting for its support.

12. Approval of Minutes of Last Meeting

Minutes of the Last Meeting were adopted as a true record.

13. Treasurer’s Report and Balance Sheet

The Secretary advised the meeting that he deeply regretted that, due to a variety of factors, an IT system failure being the most significant, he was unable to present the accounts in an appropriate format. He stated that certified accounts would be made available as soon as reasonably practicable.

14. Matters arising

14.1 Legal Advice / Conduct

The Secretary reported that the Employment Tribunal dealing with a Federated Member from another Force’s application, alleging that that Branch’s legal protection scheme was discriminatory, is yet to rule. (NOTE: The Tribunal ruled that there was no case to answer)

As a consequence of this particular case, the Joint Central Committee (JCC) awaits a decision regarding the extent of its vicarious responsibility in such matters.

A Legal Opinion on ACPO(S) ‘draft’ Ambient Listening policy has been prepared and this matter continues to be the subject of ongoing national discussions.

Hamish Grace outlined the ‘health and safety’ background to the recent use of this facility in another Scottish Force the results of which were ‘very poor’.

The Deputy General Secretary has written to the Information Commissioner ‘concerning the Disclosure of Information relative to Police Officers previous convictions and outstanding pending cases’ which appears to be being addressed in a very fragmented way across Scotland. ACPOS have yet to respond to a request for clarification on their position on this matter. Members will be advised of a definitive position as soon as possible.

The Secretary advised the meeting that he had spoken with the Deputy Chief Constable on the agenda paper ‘Shadowing of Investigating Officers’, submitted to the last Police Board meeting and clarified that the ‘shadowing’ was simply a paper examination and that there would be no deviation from existing Investigation procedures whatsoever.

14.2 Police Pay and Conditions

a. PNB and other Circulars

See www.ome.uk.com and /or www.spf.org.uk.

b. Removal Allowance

The Secretary reported that Guidance on this subject had been prepared, agreed by the Policy Forum, and is available on NOW.

Additional work on a ‘draft’ flow-chart and questionnaire has been undertaken by Paul Fraser, Head of Finance with the intention of establishing a protocol between the transferring officer and the receiving Service Unit Manager to ensure consistent and equitable application of what is recognised as a difficult regulation

Despite agreement being reached on the Board’s proposal to have the costs of setting up rental agreements reimbursed, in July of last year, and the wording of a PNB Circular having been agreed, final approval from the Official Side is still awaited. (NOTE: Terms now included in PNB Circular 06/03 available at www.ome.uk.com)

c. Pensions

Forces have been circulated with the Members’ Guide to the New Police Pension Scheme (also SPPA Police Pensions Circular No2006/1) together with a template letter for Forces to issue to all current members who are on career breaks and those who have opted out of the Scheme. This letter provides serving officers advance notice of the introduction of the new scheme, of the NPPS Members’ Guide and of the options exercise which will allow current PPS members to transfer to the NPPS. Also enclosed is a set of Frequently Asked Questions and a comparison table between the current and new schemes.

The Secretary undertook to establish whether this information could be made available electronically via the web page.

Further work requires to be done on transitional arrangements whilst consultation is ongoing on new injury benefit provisions, and Compulsory retirement ages which affect both the old and new scheme with the latter likely to be concluded by October this year.

The Secretary reminded 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.

As agreed at the last meeting, the Secretary circulated to the Membership, via an update in the last Minute, the pensions implications of the Force’s ‘Home Computers’ initiative ( as outlined in PNB Circular 05/15 ‘Flexible Benefit Salary Sacrifice Scheme for Police Officers’ available at www.ome.uk.com ).

The Civil Partnership Act came into effect on 5th December 2005 and broadly this means that all provisions available to married persons under the Police Pensions Regulations 1987 will now also apply to civil partners. Government policy is to back-date the effect of the Regulations until 6th April 1988

d. Official Side’s proposals

All appropriate updates have been circulated to Members.

Members responded well to the survey questionnaire which was available for completion electronically in the Members’ Section of the national website www.spf.org.uk. Details of the findings can be obtained at that site.

From recent updates it is apparent that the Official Side will not agree to anything outwith the pay reform discussions at this time, however, SPF proposals in relation to Public Holiday Provision and Reinstatement of Cancelled Annual Leave Days will be included within the context of the current discussions on pay reform.

The Secretary advised the Meeting that the recent Joint Central Committee Meeting had approved his proposal that our National Negotiators cease any further discussions with ACPOS on their ‘draft proposals’ as they had not been processed through PNB UK.

e. Regulatory Non Compliance

The Secretary advised the Board that following yet more difficulties with rostering he had once again contacted the Head of Operations who responded that each area appoints ‘a Sergeant or Inspector to oversee this function’.

The Secretary advised that, as outlined at many previous meetings, it is apparent that the ‘Chief Constable’ will take no responsibility for non compliance with the very clear steer that any blame for short-comings allocated to Sergeants and Inspectors determined by their Service Unit Managers to have responsibility for rosters.

The Secretary advised that it was incumbent upon every officer to advise their supervisor of any occasion when Minimum Safe Staffing Levels (MSSLs) would not or were not being met or rostering arrangements were not being complied with.

The Meeting discussed this matter at considerable length with some Members seeing the issue as very clear whilst others’ experience was that the printed directions took no account of the practical ‘realities’.

Following detailed discussion on the composition of MSSLs, it was AGREED that the particular issue being focussed on was a ‘local’ one which would be addressed by way of a meeting between the local Representatives and the Area Commander.

A draft Circular from the Official Side with regard to the Staff Sides’ claim for 13 weeks’ adoption leave on full pay continues to be discussed.

A pay survey contract has been awarded by the Office of Manpower Economics.

The Home Secretary has requested a review of negotiating machinery and meetings have been arranged with each staff association.

An Inland Revenue/Finance Act 2004 restriction has come to light during discussions on the NPPS, which affects current PPS members at the 30+ Scheme. From 6th April, 2006, Members will have to be aged at least 50 to join the 30+ Scheme. This is because if advantage is taken of ‘protected pension age’ to draw benefits before age 55 then it is not possible to be employed by one of the employers participating in the scheme after ‘his’ pension has come into payment. From April 2010, this threshold will raise to 55.

8.1 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 and that this work was ongoing.

Already there were suggestions that the ‘national’ uniform arrangements were becoming fragmented with Forces deviating from agreed schedule of items.

Locally, the Secretary advised that he had highlighted Members’ grave concerns about the poor quality of the present issue of uniform and, at the recent Joint Negotiating and Consultative Committee Meeting it was agreed to set up a short-term working Party on the matters.

The Group met for the first time on 28th February under the Chairmanship of the Deputy Chief Constable and the Secretary Elect reported on the deliberations.

Following a meeting of a Group comprising the Head of Operations, Chief Inspector Operational Support, the Health and Safety Advisor and the Secretary Elect, the Force’s position on the mandatory wearing of body armour was reinforced to all plain-clothed officers by way of an individual memorandum from the Head of Operations.

Members believed that uncertainty remained about various issues surrounding Personal Protection Equipment including; the carriage of equipment on belts, ill-fitting equipment, belt loops and the absence of pockets on the new body armour.

b. Accidents, Injuries and Near Misses

Ongoing concerns regarding both under-reporting and inadequate investigation were discussed at the recent JNCC, at which time the Secretary highlighted that this was not simply the ‘Federation’s view’ but also that of the Force’s Health and Safety Co-coordinator.

The Chief Constable agreed to highlight deficiencies and the appropriate action to the Force.

c. Airwaves

The Secretary advised that an Airwave Health Monitoring programme will be available to all officers who should not hesitate to take advantage of the confidential comprehensive health check offered.

d. UK Health and Safety Inspection

This year’s United Kingdom wide health and safety check by the Federations will involve the inspection of police vehicles.

The Secretary highlighted the loss of two trained Healthy and Safety Representatives at the triennial elections and the imminent retiral of a further two, thereby leaving the Board with just three trained Representatives. National training has been arranged and it was AGREED that the Secretary Elect draw up a plan of the Board’s projected training requirements.

The First Report ‘Advice to the Scottish Executive on mandatory blood testing’ has been considered by the JCC.

14.4 Joint Branch Board Constitution

The Secretary advised that some disquiet had been voiced about the efficiency of the recent postal election. The Secretary acknowledged that there had been problem which were largely due to the provision of an inaccurate electoral list by the Force.

The Secretary Elect reported having held detailed discussion with our web provider on the potential for establishing a voting forum on our web site and highlighted the following points; The importance of an accurate electoral roll; the importance of having a ‘secure’ system; the potential to have any system accommodate ‘national voting’.

A proposal to subdivide the present electoral area of ‘Headquarters and Inverness’ into its two component parts was not supported.

The status of ‘non-subscribing’ Members was discussed and it was AGREED further work would be done with due regard to other Boards’ arrangements.

14.5 CBRN Training issues

This matter has now been placed on the agenda of the National Operational Duties Standing Committee.

Members noted with disappointment that there had been no movement on the question of inadequate equipment (with a suggestion that some equipment had been withdrawn) whilst slippage on training continued.

14.6 Grievance Procedure /Harassment & Bullying Policy

The Secretary advised that a revised policy combining both elements had progressed through the meeting structure. ‘Mediation’ has been included in the policy with the inclusion of a ‘frequently asked questions’ appendix provided by the Federation. Disappointingly, although agreed some time ago, the Force have yet to publish the revised policy.

14.7 Group Insurances

The Secretary Elect advised that in order to ensure accurate information is held, he had circulated the Membership with Nomination Forms for them to complete.

He also held detailed discussions with the Board’s Broker, Mr Gordon Carmichael on future arrangements for the Group Schemes.

Following discussions the following points were AGREED;

- The Group Legal Protection Scheme provider will move from Capita to DAS with comprehensive details provided to the Membership.

- A revised Travel Policy will be circulated to the Membership intimating some ‘industry standard’ changes.

- In common with ongoing discussions with other Forces, further examination will be made of extending some aspects of the Group Schemes to revised officers, however, there will be not retrospective application of this enhancement.

- Officials should continue to robustly apply the Salary Replacement Scheme.

A Member highlighted detailed difficulties experienced during a break-in whilst on holiday, particularly the problems of the ‘excess’ applying to individuals which he had raised directly with the company indicating that the Membership should fully familiarise themselves with the terms of their cover.

14.8 National Rules Change

The Secretary advised the Board that, thanks largely to the good will of colleagues from Strathclyde, agreement had been reached on a Joint Central Committee motion to Annual Conference to bring about proportional voting at all national meetings and , in keeping with this spirit of good will, he has now withdrawn the Board’s two rule change motions.

14.9 Selection and Deployment

The Secretary updated the Meeting on developments with the Board’s request for information on the Selection and Deployment procedure from the Force;

Following several requests and informal meetings, the Force provided ‘raw data’ on part of what had been requested advising that it would ‘take the Human Resource Department two weeks to analyse that data’ and, accordingly, they have declined to do so.

The Secretary told the Meeting that both he and the Secretary Elect are working to full capacity and that it would be impractical for the Branch to analyse this data within any meaningful time frame.

The Secretary held a detailed discussions with the Deputy Chief Constable on the Board’s continuing unease as to the potential for challenge to the process urging the Force to jointly examine the issue.

The Secretary had also attended the recent Compulsory Transfer Board and advised those present of his disappointment that the Force’s enthusiasm for having the Federation involved in this important decision-making forum isn’t matched by any effort to understand the concern raised and assist in; a) evidencing that there is no problem or b) correcting any identified short-coming(s).

Following receipt of a ‘less than helpful’ letter, the Secretary held frank discussion with the Chief Constable advising that the best source for the ‘Federation’ position on any matter was the Federation, rather than briefings of questionable accuracy from others.

As things currently stand, extraneous matters, outwith the control of either the Force or the Federation, now make early resolution unlikely.

In wide-ranging discussions the following views were made ‘there is an apparent disregard of officers married to each other’; ‘senior managers are playing with people’s lives’; ‘recent controversial decisions were taken because of the absence of a Federation presence on the Board’ with the Secretary advising of his surprise when told by a member of the Executive ‘we anticipated all of those decisions would be appealed’ as it is generally a very small percentage of decisions that are appealed.

***

12am - At this point, as previously arranged, the Chief Constable joined the Meeting. He spoke on a variety of topical issues, including his position on the transfer policy, and answered some questions on housing before joining the Board for lunch, leaving immediately thereafter for another Meeting.

***

The Meeting reconvened with further discussions on the present position regarding transfers.

Members expressed their disappointment at the Chief Constable’s confrontational approach on this important issue, his unwillingness to listen to the concerns raised and his ‘wildly inaccurate and bizarre’ statement that the Federation are now claiming the transfer policy, which it assisted in compiling, is ‘racist’.

The Meeting AGREED;

· Were it not for the Force’s prevarication in providing information they will ultimately require to provide, this matter could have been readily resolved.

· There is an urgent need to counter the Force’s misrepresentation of prevailing circumstances.

· As a matter of urgency, the Secretary should produce a Bulletin for distribution to the Membership.

Day 2

14.10 Annual Conference Motions

1. Conference Arrangements Committee

Derrick Cronie had attended at the last meeting where the business transacted was of a routine nature.

2. Motions

The Chairman advised the Meeting that the purpose of examination all annual conference motions was to consider the possible need for amendments to those motions and to agree speakers on the Board’s own motions.

***

12noon – David Lyall, Secretary of the Gay Police Association (GPA) was welcomed to the Meeting and invited to speak on the work of his Association.

David thanked the Board for the invitation to address the Meeting and outlined the history of the Association stressing the supportive role it now provides to officers in every Force in the United Kingdom.

David advised that the GPA was not an ‘alternative staff association’ rather, like SEMPER, the Scottish Ethnic Minority Officers’ Group, it would work in tandem with the Scottish Police Federation and other Police Staff Associations to benefit all officers.

David answered a number of questions regarding the Civil Partnership Act, GPA Liaison Posts and described difficulties which had arisen for lesbian, gay and bi-sexual officers and steps that could be taken to reduce prejudice in the workplace.

David is to commence work as the GPA’s first funded full-time official in Scotland on Monday 3rd April 2006 and, following circulation to the full Board, one of his early acts will be to oversee the formal signing of a Memo of Understanding between the Gay Police Association and the Scottish Police Federation Northern Branch.

The Chairman thanked David for his input, wished him well in his new post and invited him to join the Board for lunch following which he left for further meetings in Inverness.

***

All motions were discussed and no amendments proposed.

14.11 Impact of Misconduct on CRTP/SPP

As agreed at the last Meeting, the Secretary met with the Deputy Chief Constable to highlight the widely held concerns about the proposal 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.

As reported by way of ‘Note’ in the last Minutes, the DCC agreed the matter should be further discussed at the Management Service Group and, when that forum met on 17th January 2006, an overwhelming majority present rejected the Papers. The implications outlined in the Papers had not been applied to any officer.

15 New Business

15.1 Joint Negotiating and Consultative Committee (JNCC)

The Secretary report that both he and the Secretary Elect attended the recent JNCC and, in addition to the items already discussed the following were on the agenda; ‘Special Constabulary – training, uniforms, Payment Scheme and future plans’ with a Briefing Paper in respect of all those issues provided by the Director of Human Resources and ‘Health and Safety –mechanism to advise elected Safety Representatives of any substantive changes in the workplace’ which the Chief Constable agreed to address.

(Also in relation to the Special Constabulary a detailed response to the Draft Police (Scotland) (Special Constable) Regulations and Determinations has been submitted by the Secretary Elect.)

JNCC papers were only received shortly prior to the meeting and one paper, ‘Management of Sickness Absence – Payment During Return to Work Programmes’ which was ‘fully supported by the Executive’, sought to reduce the income of officers working reduced hours during agreed return to work programmes.

The Secretary considered this proposal ultra vires and this position was supported by a Legal Opinion obtained from the Senior Partner of Hughes Dowdal. The Chief Constable requested, but was refused, a copy of this Opinion, however, he nonetheless agreed to postpone any decision on this matter pending receipt of Counsel’s Opinion which the Secretary advised he would obtain and make available.

15.2 Federation Training

The Secretary highlighted the statutory demands faced by the Scottish Police Federation, Members expectations and the growth in equality and fairness issues within the Police Service and, following discussions, it was AGREED the Secretary Elect would devise a training plan for early implementation.

16. Any Other Competent Business

The Secretary outlined discussions at the previous week’s JCC Meeting on the proposed ‘Scottish Police Service –Code of Ethical Practice’ and requested that Members consider the matter and provide a written response to him. From responses received there was no support for this policy and the Secretary took to advise the General Secretary accordingly.

17. Secretary’s Correspondence

None.

18. Time and Date of Next Meeting

The next Meeting with be the second quarterly meeting and take place at 10 am on Friday 2nd June 2006 in the Glenmoriston Hotel, Ness Bank, Inverness.

19. Closure of Meeting

In closing the Meeting the Chairman thanked everyone for their contributions during what had been a lengthy and interesting Meeting.

The Chairman thereafter thanked the Secretary, who was attending at his last ever Joint Branch Board Meeting as a result of his impending retirement, for his tireless dedication, enthusiasm and drive in furthering countless aspects of Federation matters both locally and nationally over the preceding decade and a half.

The Chairman expressed, and the meeting agreed, that the Secretary’s contributions over the years at both local and national level, were instrumental in obtaining improvements in matters of welfare and efficiency, that will be long remembered.

The Chairman then wished everyone a safe journey home and was in turn himself thanked in the customary manner.

R Alan Drummond John B Finnie

Chairman Secretary