Northern Joint Police Board No. 4 2010/11
Minutes of Meeting of the Northern Joint Police Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness, on Friday, 26 November 2010 at 1.00 p.m.
Present
Representing the Highland Council
Mr W J Ross Mrs P Munro Mr J Rosie Mr P Corbett Mr G M Smith Mr N Donald Mr W MacKay Mr D Cameron Mr H Fraser Mr B J Murphy Mr I Renwick Mr B Gormley Mr H Wood
Representing Comhairle nan Eilean Siar
Mr N M Macleod Mr P Carlin Mr C Nicolson Mr I Mackenzie
Representing Orkney Islands Council
Mr A Drever Mr R K Leslie
Representing Shetland Islands Council
Mr A Duncan Mr A Cooper
Also in attendance as an Observer:
Mr D Mackay (Substitute Member)
Officials in attendance:
Mr I Latimer, Chief Constable Mr G Sutherland, Deputy Chief Constable Chief Superintendent A Cowie Mrs E Ward, Force Director of Finance and Asset Management Ms A Sillars, Force Director of Human Resources Mr R MacDonald, Force Estates Manager Mrs M Grigor, Treasurer’s Office Ms M Morris, Clerk Mrs R Moir, Assistant Clerk Mrs J MacLennan, Board Development Officer Ms L Lee, Clerk’s Office Mr S Taylor, Clerk’s Office
Mr N M MacLeod in the Chair
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mrs D MacKay, Mr A Millar and Mr M Rattray of The Highland Council.
2. Declarations of Interest
The Board NOTED the following declaration of interest:
Mr B Murphy declared a non-financial interest in item 28 due to previous contact with one of the complainers referenced and, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, indicated that he would leave the room during discussion of this item.
3. Minutes – Previous Meetings
There had been circulated and were APPROVED Minutes of Board Meetings of 27 August 2010 and 22 October 2010.
4. Presentation
The Board NOTED that Chief Superintendent Ronnie Liddle, Team Leader, Scottish Policing Board Sustainable Policing Sub-Group, had been unable to attend the meeting.
5. Review of Policing Structures in Scotland
There had been circulated Report No POL46/10 dated 16 November 2010 by the Chief Constable which advised Members that Northern Constabulary had submitted a discussion paper “Review of Scottish Policing Model” to the Scottish Policing Board Sustainable Policing Sub Group. This Sub-Group, chaired by the Scottish Government and comprising representatives from COSLA, the Association of Chief Police Officers in Scotland (ACPOS), the Scottish Police Authorities Conveners Forum and other policing partners, was scheduled to report to the Scottish Policing Board (SPB) on 6 December 2010.
It was envisaged that three or four options for the future structure of policing in Scotland would be identified for more detailed assessment. The Force discussion paper had suggested the inclusion of a four-force model in the final list of options and had outlined proposals for an expanded Northern Constabulary Force area.
In speaking to the report, the Chief Constable expressed the view that it was vitally important to influence the decision-making process at this early stage. He advised Members that he had received by email late the previous day the first draft of the Sub-Group’s Interim Report, with an invitation to comment on it within a day, prior to its circulation for the 6 December SPB meeting. He expressed concern and disappointment over the limited time given, which had permitted only a cursory examination, and over the proposals outlined in the document. Particular concern was raised at the apparent lack of any adequate consultation at this stage with local communities, other stakeholders and the Board.
The Vice-Convener also expressed his concern as to the content of the Interim Report and suggested an urgent need to make strong representations in response. He highlighted the importance of providing an opportunity for the Commission on the Future Delivery of Public Services, chaired by Dr Campbell Christie, to integrate the review of both Police and Fire services into its deliberations, to maximise potential gains from proposed changes. The Commission was charged with reviewing the future delivery of public services in Scotland and was due to report in June 2011.
During discussion, Members made the following comments:
• the Chief Constable’s report would be a useful tool in informing decision- making • a meeting should be held with representatives of the Review team • it was important for the Board to express an opinion on all options put forward • the short notice given to comment on the draft Interim Report prior to its submission to the SPB was disappointing • a single police force for Scotland would see a real threat of reduced resources in the Highlands and Islands and would represent a move to centralisation • there was concern at the senior officer structure being proposed • time was required for consideration of the Interim Report – it was difficult to discuss a document which had not been seen prior to the meeting • it was vital that the Government hold a full and meaningful consultation process.
In response to a comment, the Chief Constable highlighted his professional view that policing should still be locally responsive at community level and his concern that the report did not address concerns over future local accountability.
Reflecting the discussion, the Vice-Convener suggested the following Board approach:
• to make strong and objective representations • to highlight this Board’s significant concerns over the Interim Report and the conduct of the review process to date • to seek to promote key principles and processes as part of any review of policing structures • to recommend that this review should be part of the work of the wider Public Services Commission • to seek opportunities for this Board to participate fully in any future review process.
The Board NOTED the content of the discussion paper, as appended to the circulated report; and AGREED: i. that the Interim Report of the Scottish Policing Board Sustainable Policing Sub-Group be circulated to all Members at the earliest opportunity; ii. to seek a meeting with Chief Superintendent Ronnie Liddle, if necessary in the form of a Special Meeting of the Board, to be convened at a mutually suitable date; and iii. to seek active engagement with the Sustainable Policing Sub-Group and the Scottish Policing Board on this issue, and in doing so to adopt the approach suggested by the Vice-Convener during discussion.
6. Minutes – Appointments Sub-Committee
There had been circulated Minutes of Meetings of the Appointments Sub- Committee of 10 August, 22 October and 19 November 2010.
The Board welcomed the appointment of Mr George Graham, currently Deputy Chief Constable, Dumfries and Galloway Constabulary, to take up the post of Chief Constable following the retirement of the current Chief Constable, Mr Ian Latimer.
The Board NOTED the position.
7. Minutes – Audit Working Group
There had been circulated and were APPROVED Minutes of Meetings of the Audit Working Group of 27 August 2010 and 5 November 2010.
8. Revenue Budget Monitoring Statement 2010/11
There had been circulated Report No POL47/10 dated 12 November 2010 by the Chief Constable comprising a statement and commentary on Revenue Expenditure and Income for the period 1 April to 31 October 2010.
The Convener highlighted the success of the Force’s efficiency savings “Lightbulb” scheme, which had received over 800 suggestions since first introduced in autumn 2009, and suggested that a more detailed report be made available to the Board.
The Board NOTED the report and AGREED that all Members be given a copy of the list of budget savings suggested by Northern Constabulary officers and staff under the Force’s “Lightbulb” scheme.
9. Capital Expenditure Monitoring Statement 2010/11
There had been circulated and was NOTED Report No POL48/10 dated 12 November 2010 by the Chief Constable comprising a statement and commentary on Capital Expenditure for the period 1 April to 31 October 2010.
10. Best Value Review
i. Shared Services Best Value Review Programme
There had been circulated Report No POL49/10 dated 17 November 2010 by the Chief Constable inviting the Board to consider the approval of efficiency measures proposed to be taken across the Force in the course of the financial year 2011/12.
The Chief Constable gave a presentation on work undertaken in preparation for submission to the Board at its January meeting of a balanced revenue budget for 2011/12, during which he outlined proposals to achieve £3million of savings following the Scottish Government’s recent budget announcement. A number of proposals had previously been discussed at a meeting in September of the Force’s Shared Services Best Value Review Programme Board, which a number of Board Members had attended. The £3m in savings would be achieved primarily by: the loss of 50 police staff through redundancy; station closures/reduction in reception hours; and other identified Divisional/Headquarters savings. The Chief Constable stressed that difficult choices had to be made if the Force was to maintain its commitment to providing a visible localised police service across the Highlands and Islands. It was hoped that redundancies could be achieved through voluntary severance, although compulsory redundancies could not be ruled out. The Chief Constable highlighted that consideration and decision on savings would ultimately be made by the Board and that he could only provide his professional advice with regard to his recommendations.
The Scottish Government had announced in November 2010 that, for 2011/12, all local authorities should plan for a reduction of 2.6% from the 2010/11 budget level. This had implications for the Board’s budget, as its requisitions would impact on its constituent authorities’ budgets. Dialogue had already taken place with the Highland Council and Comhairle nan Eilean Siar on the Chief Constable’s budget proposals and how these might affect constituent authority budget planning; dialogue with Shetland and Orkney would take place shortly.
During discussion, a number of comments were made about shared services opportunities in particular locations, including Lairg, Kyle of Lochalsh and Skye. Other comments/concerns included:
• more rigorous protocols for shared services should be put in place • concern at the closure of Beauly station and the loss of an officer base there • further background information should be provided on the process of identifying savings
In response to questions from Members, the Chief Constable advised that:-
• he was supportive of the retention of 24 hour opening at stations in Lerwick, Stornoway and Kirkwall and would welcome discussions with individual constituent authorities on identifying local financing solutions • he would welcome discussions with constituent authorities on other shared services proposals • discussions were taking place with other local partners on working together for public protection and ensuring that the Force would not face an unfair burden as additional demands were placed on public sector organisations • detailed budget proposals would be presented to the Finance and Policy Working Group prior to submission to the Board meeting in January.
Following discussion, the Board NOTED the report and that preparation of a balanced revenue budget for.2011/12, for approval at the January 2011 Board meeting, would require a package of savings comprising the full range of proposals in the report (subject to discussion and decision at item 11 below); and AGREED:
a) to consider further the efficiency measures proposed to be taken across the Force in the course of financial year 2011/12; b) that discussions be held with the respective Islands authorities as to whether local funding might be found to permit the stations in Lerwick, Stornoway and Kirkwall respectively to continue to remain open to the public on a 24 hour basis; and c) that further detailed information on the case for closure of Beauly station be brought to the January 2011 meeting of the Board
ii. Equality Impact Assessment
There had been circulated and was NOTED Report No POL50/10 dated 17 November 2010 by the Chief Constable on the work undertaken to complete an Equality Impact Assessment on the implications of the Shared Services Best Value Review.
11. Compulsory Retirements Scheme - Police Officers Completing 30 Years Service
There had been circulated Report No POL51/10 dated 16 November by the Chief Constable which advised Members of the provisions of Regulation A19 of the Police Pensions Regulations, which empowered a police authority compulsorily to retire police officers, in ranks up to and including chief superintendent, who had accrued full pension entitlement (normally after 30 years service), on the grounds of Force efficiency.
The report outlined the number of officers in Northern Constabulary whose length of service was such that they could be affected were the Board to adopt such a policy, and set out legal advice as to criteria, process, etc. This suggested that any force needing to cut costs and to restructure would be able to justify a decision to look at all officers with a view to compulsorily retiring some, all in the general interests of efficiency, and without necessarily falling foul of the Employment Equality (Age) Regulations. The report indicated that savings of some £650,000 could be achieved, and recommended delegation of power to the Chief Constable to facilitate implementation of Regulation A19, in accordance with the policy and procedures as appended to the report, if required at a future date.
In speaking to the report in the context of the discussions at item 10 above, the Chief Constable commented that the recent announcement by the Cabinet Secretary for Finance had suggested that cuts to policing budgets for 2011/12 would not require to be as severe as had previously been anticipated and advised that, accordingly, he would not be seeking the compulsory retirement of police officers at this time. He asked that the policy and procedures set out be approved in principle at this stage, and the issue brought back to the Board should implementation appear necessary at a future date.
During discussion, Mrs P Munro suggested that the policy and procedures surrounding A19, as set out, not be approved and, seconded by Mr B Gormley, moved that these be reviewed to ensure Member scrutiny at key stages of the process, including on the economic impact of use of A19, and that members of the Force Transfer Panel who might come under the A19 policy avoid any conflict of interest.
After further discussion, the Board NOTED that no implementation of Regulation A19 was proposed at this time; and AGREED that a further report be brought to the January meeting of the Board recommending appropriate policies and procedures to be followed should implementation appear necessary at a future date, this report to be drafted following discussion with Cllr Munro and other interested Members as to their concerns as raised during debate.
12. Voluntary Severance - Support Staff
There had been circulated Report No POL52/10 dated 12 November 2010 by the Chief Constable on proposals to establish a voluntary severance scheme for support staff.
The Board APPROVED the requirement for a Voluntary Severance scheme and AGREED to devolve responsibility for its implementation to the Chief Constable, in consultation with the Clerk.
13. Scottish Government Spending Plans 2011-12
There had been circulated Report No. POL53/10 by the Clerk which set out a draft response to a letter dated 8 November 2010 sent on behalf of the Scottish Parliament Justice Committee, inviting this Board to make a written submission to the Committee for consideration as part of its scrutiny of the Scottish Government’s spending plans for 2011-12.
The Board NOTED the consultation exercise undertaken by the Justice Committee and AGREED the circulated response dated 26 November 2010.
14. Strategic Scrutiny Review – Performance Management
There had been circulated and was NOTED Report No POL54/10 dated 18 November 2010 by the Clerk informing the Board of its responsibilities in respect of the Performance Management of the Force and the development of continuous improvement in the reporting of information by the Force, the report being the first of a series of reports designed to advise Members of their powers, duties, roles and responsibilities in relation to the successful management of the Force.
15. Chief Constable’s Crime Situation Report
There had been circulated and was NOTED Report No POL55/10 dated 12 November 2010 by the Chief Constable comprising his periodic report and covering Crime and Road Accident Statistics and the Crime Situation.
16. Procurement Report
There had been circulated and was NOTED Report No POL56/10 dated 12 November 2010 by the Chief Constable on recent procurement activity.
17. Hub Approval
There had been circulated Report No. POL57/10 dated 16 November 2010 by the Chief Constable providing an update on the Hub Programme and the procurement of a Private Sector Development Partner. The report sought Board approval of Northern Constabulary’s participation in the Programme and of associated details.
The Board APPROVED the detailed recommendations in the report, while acknowledging the need for a cautious approach to be taken, with terms scrutinised fully for each project.
18. Estate Management
There had been circulated Report No POL58/10 dated 12 November 2010 by the Chief Constable providing an overview of the Capital and Management Projects Programme.
In speaking to the report, the Chief Constable highlighted the work progressing at Glencoe and advised that the station would be in operational use before the end of the calendar year.
The Board NOTED the report.
19. Scottish Police Authorities Conveners Forum - Constitution
There had been circulated and was NOTED revised Constitution agreed by the Scottish Police Authorities Conveners Forum at its meeting held on 31 August 2010.
20. Independent Custody Visiting – Annual Report 2009/10
There had been circulated Report No POL59/10 dated 17 November 2010 by the Clerk setting out the Board’s Independent Custody Visiting Scheme (ICVS) Annual Report 2009/10.
The Board APPROVED the ICVS Annual Report 2009/10 and its submission for inclusion in the Scottish-wide annual report for the same period; and, in recognition of their contribution during the year, AGREED that a Christmas card be sent to all members of the Board’s Visiting team.
21. Letters of Appreciation
There had been tabled and were NOTED 46 letters of appreciation received by the Chief Constable for the period from 1 July to 31 September 2010. There had also been circulated and was NOTED Report No POL60/10 dated 12 November 2010 by the Chief Constable illustrating letters of appreciation.
22. Complaints against the Police
There had been circulated and was NOTED Report No POL61/10 dated 12 November 2010 by the Chief Constable regarding complaints against Police Officers from 1 July to 31 September 2010.
The Board AGREED that the Complaints Book specifying complaints against Northern Constabulary, which had been available for inspection by members prior to the meeting, be declared exempt by virtue of Paragraph 1 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
23. Media Coverage
There had been tabled and was NOTED a press cuttings book, which had been available for inspection by Members prior to the meeting.
24. Execution of Deeds
The Board NOTED the deeds recently executed on behalf of the Board, as set out in the agenda for the meeting.
25. Exclusion of the Public
The Board RESOLVED that, under Section 50 (A)4 of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following items on the grounds that they involved the likely disclosure of exempt information as defined in Part 1 of Schedule 7A of the Act, the relevant paragraph being shown.
26. Removal Expenses: Mortgage Interest
Paragraph 1
There had been circulated and was APPROVED Report No. POL62/10 dated 12 November 2010 by the Chief Constable on a number of requests received for assistance in relation to mortgage interest.
27. Police Housing
Paragraphs 1 and 12
There had been circulated Report No POL63/10 dated 17 November 2010 by the Clerk concerning recent developments in relation to housing.
The Board NOTED the decision in the Cochrane v Grampian Joint Police Board case and the implications of the Housing (Scotland) Bill; and AGREED:
i. to continue to defend the appeals currently before the Lands Tribunal; and ii. to continue to authorise the Clerk, in consultation with the Convener, Vice Convener and Chief Constable, to take the appropriate action should appeals be lodged with the Lands Tribunal in relation to the most recent and any other applications received and declined.
28. Complaints Addressed to the Board
Paragraph 1
Mr B Murphy declared a non-financial interest in this item due to previous contact with one of the complainers referenced and, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, left the room during discussion of this item.
There had been circulated Minutes of Meeting of the Complaints Working Group of 29 October 2010.
There had also been re-circulated Report No. CWG21/10 by the Clerk, previously considered by the Working Group at that meeting, together with copy further letter from the complainer received since the meeting of the Working Group.
The Board APPROVED the Minutes of Meeting of the Complaints Working Group of 29 October 2010 and thus AGREED to write to a particular complainant confirming the terms of the interim response sent by the Clerk.
The Board also AGREED to delegate powers to the Clerk, in consultation with the Members of the Complaints Working Group, to respond by 11 January 2011 to a PCCS consultation on draft statutory guidance on complaints handling.
The meeting ended at 4.15 p.m.