Minutes of Special Meeting of the Northern Joint Police Board held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Friday, 22 October 2010 at 1.40 p.m.
Present
Representing the Highland Council
Mr J Rosie, Mr G M Smith, Mr W J Ross, Mr I Renwick, Mrs P Munro, Mr P Corbett, Mr N A Donald, Mr M Rattray, Mr D Cameron, Mr B Gormley (by video conference link)
Representing Comhairle nan Eilean Siar
Mr N M Macleod, Mr I Mackenzie
Representing Orkney Islands Council
Mr A Drever
Representing Shetland Islands Council
Mr A Duncan, Mr A Cooper
Officials in attendance:
Mr G Sutherland, Deputy Chief Constable
Chief Superintendent A Cowie
Mrs A Sillars, Force Director of Human Resources
Ms M Morris, Clerk
Mrs R Moir, Assistant Clerk
Mrs J MacLennan, Development Officer
Mr S Taylor, Clerk’s Office
Mr N M Macleod in the Chair
1. Apologies for Absence
Apologise for absence were intimated on behalf of Mr W MacKay, Mrs D Mackay, Mr A Millar, Mr H Wood and Mr B Murphy of the Highland Council, Mr C Nicolson, Mr P Carlin of Comhairle nan Eilean Siar and Mr R Leslie of Orkney Islands Council.
2. Chief Officer Appointment Process
The Board RESOLVED that, under Section 50 (A)4 of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for this item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1 and 12 of Part 1 of Schedule 7A of the Act.
There had been circulated to Members only report No. POL44/10 dated 18 October 2010 by the Clerk providing an update on progress on chief officer appointments. Copies of correspondence from the Cabinet Secretary and of legal advice received were tabled for Members only and a period of time allowed to read and absorb these.
Members were advised that, when advertising the post of Chief Constable, it had been anticipated that it would be open to the Board to offer a fixed term contract of up to five years, in accordance with current Regulations and standard recent practice in Scottish authorities. Members were reminded that chief constable and deputy chief constable appointments required the approval of Scottish Ministers. As could be seen from the tabled papers, the Cabinet Secretary had recently written to all police authorities/Joint Boards indicating that Scottish Government would now approve contracts of a maximum of three years only.
Concern was expressed that this might not be in the Board’s best interests, given the need to recruit the best possible candidates to lead Northern Constabulary, at Chief Constable level and at Deputy Chief Constable level, both posts requiring to be filled in the near future. While legal advice received by the Board suggested that this position could be open to challenge, as the current Regulations on contract duration had not been formally amended, the Convener and Vice Convener emphasised that it was considered important to maintain a good working relationship with the Scottish Government and with the Justice Department in particular.
During discussion, different views were expressed. While some Members argued that the local interest should prevail, that any suggestion of increased central control should be resisted, and that it was vital that a five year contract be offered to the new Chief Constable, others argued that, in the current economic and political climate, a more pragmatic approach should be taken. Constructive dialogue should also be maintained in a time of likely change. It was important to confirm whether the applicants for the Chief Constable post would maintain their interest in light of these developments; and whether sufficient interest would be generated in the post of Deputy Chief Constable, when advertised.
Following discussion, and recognising the importance of maintaining a good working relationship with the Scottish Government, the Board NOTED the progress to date in recruiting to the post of Chief Constable and AGREED:
i. to make further written representations to the Cabinet Secretary for
Justice, on the basis of the legal advice received, concerning the
appointment term to be offered to the new Chief Constable;
ii. to delegate powers to the Clerk, in consultation with the Members of the
Appointments Sub-Committee, to take appropriate further action, with the
matter brought back to the Board should any further major steps be
required;
iii. to continue the recruitment process to the post of Deputy Chief
Constable, while making a strong case to the Cabinet Secretary that this
post also should be for a period of 5 years.
3. Review of Policing in Scotland
There had been circulated Report No. pol-45-10 dated 19 October 2010 by the Clerk providing a summary of the information currently available in relation to the Review of the Policing Structure in Scotland and seeking Board support for a future structure which reflected local accountability and control.
The Deputy Chief Constable drew attention to recent media comment on the figure currently being reported which suggested that forces’ headquarters functions accounted for some 25% of policing budgets, and the interpretation being put on this to imply that this represented waste and potential substantial, and early, savings, should amalgamations occur. He pointed out that, following the Force Review, Northern Constabulary had already achieved significant efficiencies. Headquarters functions in Northern accounted for some 14% of budget, most of which represented vital services, some in themselves frontline and some providing support essential to frontline delivery, which would continue to be required for local service delivery following any reorganisation that might take place. Actual savings would be minimal and would take several years to be realised. There were no immediate significant savings to be made and, indeed, most restructuring exercises cost money in the short to medium term. It was important that the debate be posited on accurate figures and projections.
During discussion, concerns were expressed as to the make-up and remit of the Sustainable Policing Sub-Group, set up to report to the Scottish Policing Board. Northern Constabulary was not represented on this group and, indeed, Northern Constabulary had had little structured opportunity to participate in and inform the debate, and so seek to make the case for the interests of the communities of the Highlands and Islands.
There was particular concern that the Sub-Group was being expected to report in an unreasonably short timeframe. If the purpose of the review was to identify and build the best policing model for Scotland, this should not be a rushed exercise based on supposed short-term financial savings, but should take time to assemble all the relevant data and to formulate and properly evaluate options. If the review was to reach any proper conclusions on the effective delivery of policing services in the future, it should take due account of local needs, interests, accountability and control.
Some concern was expressed that the Board should not approach the forthcoming national consultation exercise with a closed mind, and should not at this stage limit itself to declaring now for any particular future structure. It was suggested that the Board should engage as soon as possible with all other interested bodies/agencies, such as the various staff associations. Others expressed concern that the proposals emerging from the Scottish Government represented an attempt at centralising control in a way that would disempower local communities and remove local accountability. Discussions were being held behind closed doors and it was not at all clear that the interests of the Highlands and Islands were being heard.
After discussion, the Board NOTED the information received and AGREED to engage proactively to promote and support a future policing structure that would uphold local accountability and control, and where the Northern Constabulary model would continue to further develop and strengthen the delivery of community policing in the Highlands and Islands of Scotland.
The meeting ended at 4.05 p.m.