Minutes of Meeting of the Northern Joint Police Board held in the Council Chamber, Highland Council Headquarters, Glenurquhart Road, Inverness on Wednesday, 6 June 2012 at 1.30 p.m.
1. Interim Chairman
The Clerk presided at the meeting, being the first meeting of the Board following the local authority elections, until the Board elected its Convener (item 5(1) below refers).
2. Membership
There had been circulated and was NOTED Report No. pol-29-12 (39kb pdf) dated 25 May 2012 by the Clerk giving the details of the substantive and substitute representatives appointed to the Board by the Constituent Authorities in terms of paragraphs 4(1), 5(3), 5(4) and 5(7) of the Schedule to the Northern Combined Police Area Amalgamation Scheme Order 1995 as follows:
Representing The Highland Council
Substantive Members
Mr N Donald 3 Strath Gardens, Dores, Inverness IV2 6TT (01463) 751396
Mr C Fraser West Wing, Bellevue House, Church Street, Cromarty IV11 8XA (01381) 600871
Mr H Fraser 8 Scullamus, Breakish, Isle of Skye IV42 8QB (01471) 822929
Mr B Gormley Lismore House, North Ballachulish, Onich, Fort William PH33 6SA (01855) 821161
Mr A Graham 9 Rangemore Road, Inverness IV3 5EA (01463) 241148
Mr C J M Macaulay 32 Moss-side Brae, Nairn IV12 5LS (07557 566539)
Mr W Mackay 36 Oldhall, Watten, Caithness KW1 5XL (01955) 621876
Mr A MacKinnon Maybury, 17 Braes of Conon, Conon Bridge, Ross-shire IV7 8AX (07557 566545)
Mr T MacLennan Laundry Cottage, Torlundy, Fort William PH33 6SW (07557 566550)
Mr D Millar Ibrox, 6 Carndearg Place, Portree IV51 9PZ (01478) 612895
Ms L Munro 3 Achnabourin, Strathnaver, Kinbrace KW11 6UA (01641) 521779
Mr B Murphy Orchy Villa, Alma Road, Fort William PH33 6HA (01397) 700339
Mr I Renwick Lochside, Brookside, Clachamish, Portree IV51 9NY (01470) 582386
Mr J Rosie 3 Thorsdale View, Thurso, Caithness KW14 7ET (01847) 891584
Mr G Ross 5 Ardness Place, Inverness IV2 4QJ (07557 566542)
Mr R Saxon 73 Upper Burnside Drive, Thurso, Caithness KW14 7XB (07557 566554)
Substitute Members
Miss J Campbell 39 Leachkin Avenue, Inverness IV3 8LH (01463) 226598
Mr R Coghill Balbreck Farmhouse, Clayock, Halkirk KW12 6UZ (01955) 661348
Mr G Farlow 7 Seaforth Road, Ullapool IV26 2UY (01854) 612780
Mr L Fraser Fallowdene, Marine Road, Nairn IV12 4EA (01667) 452950
Mr R Greene 7 Burnside Terrace, Strath, Gairloch, Ross-shire IV21 2BY (01445) 712890
Mr A Henderson The Gantocks, Achintore Road, Fort William PH33 6RN (01397) 705954
Mr R Laird 4 Maple Drive, Inverness IV3 5RJ (07757 566552)
Mr N Macdonald 10 West Banks Terrace, Wick, Caithness KW1 5NA (07557 744400)
Mrs D Mackay 2 Muirfield Road, Brora, Sutherland KW9 6QY (01408) 622340
Mr D Mackay 2 Wilson Terrace, Thurso KW14 8AH (01847) 891621
Mr A MacLeod Kinrhive House, Kinrhive Estate and Farm, Delny, Ross-shire IV18 0PF
Mr K MacLeod 26 Greenwood Gardens, Milton of Leys, Inverness IV2 6GP (01463) 772001
Mr H Morrison Orcadia, Lerin, Durness, Sutherland IV27 4QB (07557 566543)
Ms J Slater 67 Oldtown Road, Hilton, Inverness IV2 4HU (07557 566549)
Mr J Stone Knockbreck House, Tain IV19 1LZ (07557 566548)
Mr H Wood 14 Kennedy Drive, Scorguie, Inverness IV3 8QR (01463) 712530
Representing Comhairle nan Eilean Siar
Substantive Members
Mr I Mackenzie 7 Ceum A’Bhealaich, Stornoway, Isle of Lewis HS1 2UB (01851) 703956
Mr N M Macleod 16 Eagleton, Lower Bayble, Point, Isle of Lewis HS2 0QD (01851) 870707
Mr K Murray Carnan House, Shawbost, Isle of Lewis HS2 9BD (01851) 710437
Mr C Nicolson Leybourne House, 20 James Street, Stornoway, Isle of Lewis HS1 2QN (01851) 703325
Substitute Members
Mr A Macleod ‘Lightcliffe’, Swordale, Point, Isle of Lewis HS2 0PB (01851) 870484
Mr J Mackay Glebe House, South Dell, Ness, Isle of Lewis HS2 0SP (01851) 810523
Mr R Mackinnon 284 Daliburgh, Isle of South Uist HS8 5SS (01878) 700543
Mr G Murray 10 Cearn Fhlodaidh, Stornoway, Isle of Lewis HS1 2YH (01851) 704241
Representing Orkney Islands Council
Substantive Members
Mr A Drever Orkavoe, Holm, Orkney KW17 2RY (01856) 781307
Mr H Johnston Brettovale, Knarston, Dounby, Orkney KW17 2HZ (07718 100245)
Substitute Members
Mr A Clouston Schoolhouse, Orphir, Orkney KW17 2RF (07718 100239)
Mr B Stout Gaila, 4 Meadow Park, Kirkwall, Orkney KW15 1FN (07718 100237)
Representing Shetland Islands Council
Substantive Members
Mr A Cooper Linga, Mossbank, Shetland ZE2 9RB (01806) 242468
Mr A Duncan 1 Hillock, Dunrossness, Shetland ZE2 9JR (01950) 460821
Substitute Members
Mr M Bell Edgcott, 34 St Olaf Street, Lerwick, Shetland ZE1 0SR (01595) 692643
Mr C Smith Faravel, Bousta, Sandness, Shetland ZE2 9PL (01595) 870702
3. Calling of Roll and Apologies
Representing The Highland Council
Mr N Donald, Mr C Fraser, Mr H Fraser, Mr B Gormley, Mr A Graham, Mr C J M Macaulay, Mr W Mackay, Mr A MacKinnon, Mr T MacLennan, Mr D Millar, Ms L Munro, Mr B Murphy, Mr I Renwick, Mr J Rosie, Mr G Ross, Mr R Saxon
Representing Comhairle nan Eilean Siar
Mr I Mackenzie, Mr N M Macleod, Mr K Murray, Mr C Nicolson
Representing Orkney Islands Council
Mr A Drever, Mr H Johnston
Representing Shetland Islands Council
Mr A Cooper, Mr A Duncan
There were no apologies for absence.
Officials in attendance:
Mr A Cowie, Deputy Chief Constable
Chief Superintendent J Innes
Chief Superintendent R Noble
Superintendent S MacKay
Mrs E Ward, Force Director of Finance and Asset Management
Mr R MacDonald, Force Estates Manager
Ms A Sillars, Force Director of Human Resources
Mr D Robertson, Treasurer’s Office
Ms M Morris, Clerk
Mrs R Moir, Assistant Clerk
Ms L Lee, Clerk’s Office
Mr S Taylor, Clerk’s Office
4. Declarations of Interest
There were no declarations of interest.
5. Appointment of Convener and Vice Convener
i. Convener
In terms of Paragraph 7(1) of the Schedule to the Northern Combined Police Area Amalgamation Scheme Order 1995, the Board was advised that it was required to appoint a Convener.
Mr I Mackenzie, seconded by Mr A Drever, nominated Mr N M Macleod, Comhairle nan Eilean Siar.
Mr B Gormley, seconded by Mr D Millar, nominated Mr I Renwick, the Highland Council.
In a vote by ballot between the two candidates, Mr N M Macleod received 15 votes and Mr I Renwick received 9 votes.
The Board therefore AGREED to appoint Mr N M Macleod as Convener of the Board and that remuneration for this post be £28,410, in accordance with the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007.
Mr N M Macleod then took the chair.
ii. Vice Convener
In terms of Paragraph 7(1) of the Schedule to the Northern Combined Police Area Amalgamation Scheme Order 1995, the Board was advised that it was required to appoint a Vice Convener, but that it would not be competent for the Vice Convener to be a member of the constituent authority of which the Convener was a member.
Mr A Cooper, seconded by Mr N Donald, nominated Mr H Fraser, the Highland Council.
Mr B Gormley, seconded by Mr D Millar, nominated Mr I Renwick, the Highland Council.
In a vote by ballot between the two candidates, Mr H Fraser received 15 votes and Mr I Renwick received 9 votes.
The Board therefore AGREED to appoint Mr H Fraser as Vice Convener of the Board and that remuneration for this post be £21,308, in accordance with the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007.
6. Sub Committees and Working Groups
There had been circulated Report No. pol-30-12 (39kb pdf) dated 25 May 2012 by the Clerk outlining the recommended scheme of Sub-Committees and Working Groups.
The Board APPROVED the recommended scheme and made the following appointments:-
i. Police Appeals Tribunal Sub-Committee / Police Appeals Tribunal Member
The Board AGREED to appoint a Police Appeals Tribunal Sub-Committee as undernoted, whose remit would include delegated powers to appoint the members of any Police Appeals Tribunal that the Board might be required to establish.
Mr B Gormley
Mr R Saxon
Mr K Murray
Mr H Johnston
Mr A Duncan
The Board also AGREED to appoint Mr N M Macleod as the Board’s representative to sit on any future Police Appeals Tribunal that might be established, and Mr I Renwick as an alternate representative, should such be required.
ii. Complaints Sub-Committee
The Board AGREED to appoint a Complaints Sub-Committee as undernoted, whose remit would include:
a) monitoring and scrutiny of the Force’s internal complaints handling;
b) considering Complaints Handling Reviews published by the PCCS;
c) scrutiny of closed complaints files, through “dip sampling”;
d) preliminary consideration of complaints against Chief Officers, with
recommendations being made to the Board where this could be achieved
within the 40 working day deadline recommended by the Police Complaints
Commissioner for Scotland; or, where time did not permit, determination of
such complaints with the outcome being reported to the next Board;
e) dealing with complaints about decisions reached or actions taken by the
Board, the outcomes being reported to the next Board meeting; and
f) dealing with complaints about other matters not falling within the remit as
set out above.
Vice-Convener
Mr N Donald
Mr C Fraser
Mr C J M Macaulay
Mr D Millar Mr B Murphy
Mr G Ross
Mr I Mackenzie
Mr H Johnston
Mr A Duncan
iii. Support Staff Appeals Sub-Committees
The Board AGREED to appoint a Discipline Appeals Sub-Committee and a Grievance Appeals Sub Committee as undernoted, whose remit would include delegated powers to act in relation to the hearing, consideration and determination of appeals by support staff in terms of any nationally agreed Scheme of Conditions of Service or the Board's own grievance and disciplinary procedures.
Discipline Appeals Sub-Committee
Convener
Mr C J M Macaulay
Mr W Mackay
Mr A Mackinnon
Mr D Millar
Mr C Nicolson
Mr A Drever
Mr A Duncan
Grievance Appeals Sub-Committee
Vice Convener
Mr N Donald
Mr B Murphy
Mr J Rosie
Mr G Ross
Mr K Murray
Mr A Drever
Mr A Duncan
iv. Independent Custody Visiting Sub-Committee
The Board AGREED to appoint an Independent Custody Visiting Sub-Committee as undernoted, whose remit would include:
a) delegated powers to appoint Independent Custody Visitors;
b) invitation to attend quarterly Custody Visitor team meetings; and
c) consideration of matters arising from Independent Custody Visiting reports
and whether any appropriate recommendations should be brought to the
Chief Constable and/or Board.
Convener
Vice-Convener
Mr A Graham
Mr A Mackinnon
Mr G Ross
v. Appointments Sub-Committee
The Board AGREED to appoint an Appointments Sub-Committee as undernoted, whose remit would include:
a) to conduct any selection process for the posts of Chief Constable and
Deputy Chief Constable; and
b) to carry out annual and mid-year appraisals of the Chief Constable.
Convener
Vice-Convener
Mr W Mackay
Mr A Drever
Mr A Cooper
vi. Policy and Finance Working Group
The Board AGREED to appoint a Policy and Finance Working Group as undernoted, whose remit would include:
a) consideration of budget strategy and the annual draft revenue estimates
and capital plan, in particular preliminary consideration of all matters relating
to the preparation of:
• the Annual Revenue Budget and the requisitions to be made on the
Constituent Authorities
• the Financial Plan and Capital Estimates;
b) consideration of major consultation responses arising between scheduled
Board meetings;
c) at the request of the Convener, consideration of other matters arising
between scheduled Board meetings;
d) consideration of such other matters as the Board might from time to time specify; and
e) delegated powers to act in relation to the disposal of applications by any
member of staff for financial assistance in connection with representation in
civil and/or criminal proceedings, brought in consequence of their actions in
connection with the performance of their duties, on occasions when
applications were submitted in circumstances where the Chief Constable
considered that assistance was not applicable, or in relation to proceedings
in any other circumstances.
Convener
Vice-Convener
Mr C J M Macaulay
Mr A Mackinnon
Mr T MacLennan
Mr D Millar
Mr R Saxon
Mr K Murray
Mr H Johnston
Mr A Cooper
vii. Audit Working Group
The Board AGREED to appoint an Audit Working Group as undernoted, whose remit would include:
a) consideration of reports from the Internal Auditor on issues including the
adequacy of the Force’s/Board's financial systems, policies and practices and
their compliance with the relevant statutes, standards and guidance;
b) review and approval of the Internal Audit Programme;
c) consideration of management reports by the Board's External Auditor;
d) consideration of the unaudited and audited accounts;
e) monitoring of implementation by the force of recommendations by external
inspection bodies, including Audit Scotland and Her Majesty’s Inspectorate
of Constabulary;
f) consideration of Best Value issues; and
g) consideration of risk management procedures.
Vice-Convener
Mr N Donald
Mr B Gormley
Mr A Mackinnon
Mr D Millar
Mr K Murray
Mr A Drever
Mr A Cooper
viii. Northern Joint Police Board and Police Staff Associations Liaison Group
The Board AGREED to appoint the following Members to the Northern Joint Police Board and Police Staff Associations Liaison Group, whose remit would include:
a) to provide a means of consultation between the Northern Joint Police Board
and Northern Constabulary Staff Associations; and
b) to consider and, if necessary, make recommendations to the Board about
matters properly the concern of the Police Authority.
Convener
Vice-Convener
Mr A Graham
Mr T MacLennan
Mr C Nicolson
Mr A Drever
Mr A Duncan
ix. Joint Consultative Group
The Board AGREED to appoint a Joint Consultative Group as undernoted, whose remit would include:
a) to provide a means of consultation between the Northern Joint Police Board
and the support staff of the Northern Constabulary;
b) to consider and offer observations on any proposals made by Northern
Constabulary Force management or the Northern Joint Police Board in any
scheme of administrative or functional re-organisation affecting the
conditions of employment of the staff; and
c) to consider and report on any matter which might be referred to the Joint
Consultative Group by the Northern Joint Police Board or by the trades
unions and Force management.
Convener
Vice-Convener
Mr B Gormley
Ms L Munro
Mr H Johnston
Mr A Cooper
7. Appointments to Northern Constabulary Groups
i. Best Value Review Programme Board
The Board AGREED to appoint the following seven Members to the Northern Constabulary Best Value Review Programme Board:
Convener
Vice-Convener
Mr N Donald
Mr B Gormley
Mr K Murray
Mr A Drever
Mr A Cooper
ii. Northern Constabulary Equality and Diversity Progress Group
The Board AGREED to appoint the following five Members to the Northern Constabulary Equality and Diversity Progress Group:
Convener
Vice Convener
Mr T MacLennan
Ms L Munro
Mr A Duncan
8. Appointments to Outside Bodies
i. Employers Side of the Negotiating Body for Police Support Staff
The Board AGREED to nominate the Convener to serve as the Board’s representative on the Employers Side of the Negotiating Body for Police Support Staff, with the Vice Convener as alternate representative, should a request for such nomination be received from COSLA.
ii. COSLA Appointment to the Official Side of the Joint Negotiating Body for Police Officers
The Board AGREED to nominate the Vice Convener for consideration by COSLA when making its appointments to the Official Side of the Negotiating Body for Police Officers, should a request for such nomination be received from COSLA.
9. Corporate Governance
Members AGREED to adopt the Board’s:
• Standing Orders relating to the Conduct of Meetings, as approved by the
Board at its meeting on 13 May 2011;
• Scheme of Delegation to Officers, as approved by the Board at its meeting
on 28 January 2011;
• Financial Regulations, as approved by the Board at its meeting on 11 May
2010; and
• Contracts Standing Orders, as approved by the Board at its meeting on 15
June 2007.
10. Minutes – 29 March 2012
There had been circulated and were APPROVED Minutes of Board Meeting of 29 March 2012.
11. Recess Powers
Members NOTED that the recess powers granted by the Board at its meeting held on 29 March 2012 had not required to be exercised.
12. Schedule of Meetings
The Board AGREED to meet on the following dates:
• Thursday, 30 August 2012
• Thursday, 29 November 2012.
In addition, the Board AGREED to hold a Briefing/Training Seminar on Thursday, 2 August 2012.
The Board NOTED that dates for 2013 would be proposed at a future meeting, taking into account progress on transition to the Police Service of Scotland.
13. Police Reform
i. Update
There had been circulated Report No. pol-31-12 (34kb pdf) dated 24 May 2012 by the Chief Constable updating Members on progress surrounding the move to a single Police Service of Scotland (PSS). The Convener, on behalf of the Board, expressed his gratitude to all members of staff within the Force and offered the Board’s support during the reform process.
The Deputy Chief Constable advised that it was anticipated that the new Chief Constable for Scotland would be appointed by October 2012 and that the command team for the new PSS could be in post by the end of the year.
In response to concern as to the accountability of the PSS in relation to scrutiny of the complaints handling process in particular, the Deputy Chief Constable gave reassurance that representations had been made to ensure that the transfer of complaints handling to the Police Investigation and Review Commissioner (PIRC) would not see a loss of knowledge or expertise. A report on the future of complaints handling would be submitted to the first meeting of the Complaints Sub-Committee.
In response to questions, the Deputy Chief Constable advised that:
• The Force recognised local concerns as to the possible centralisation of the
call handling function; however, whilst it was understood that no immediate
changes were planned to the current arrangements, the central Reform
Team would continue to investigate ways of achieving best value in relation
to call management.
• With regard to the Force’s pension scheme, a number of proposals were
currently being worked through by the Cabinet Secretary and would be
closely monitored.
• Discussions would continue at local authority level with Community Councils
and Ward Forums; representatives from the Force Transition Team and the
National Police Reform Team would be invited to present further detail on
governance as issues progressed with local authority Pathfinder projects.
• Force staff and officers would continue to be answerable to the Chief
Constable of Northern Constabulary until transition to the PSS; during the
interim period, however, professional courtesy would be extended to the
Chief Constable for Scotland, when appointed, in relation to longer term issues.
Following discussion, the Board NOTED the report.
ii. Local Scrutiny and Engagement Learning Network Event – 25 June 2012
Members were advised that an invitation had been received to a Police & Fire Reform Local Scrutiny and Engagement Learning Network event being held in Edinburgh on 25 June 2012, commencing at approximately 10.30 a.m. with an address from the Minister for Community Safety and Legal Affairs.
The Board APPROVED the attendance of Mr I Mackenzie and Mr D Millar at this event and NOTED that feedback would be provided to the Board at its August meeting.
14. Review of Force Footprint Changes
There had been circulated Report No. pol-32-12 (30kb pdf) dated 24 May 2012 by the Chief Constable on the recent review of Northern Constabulary’s Best Value Review of Shared Services – Force Footprint Changes.
During discussion, concern was expressed at the lack of police staff resilience in some areas of the Force, in particular difficulty in recruiting support staff in Shetland in the context of a buoyant local economy. The Deputy Chief Constable reassured Members that the Force was actively addressing these concerns and that every effort would be made to fill vacancies as soon as possible. He recognised the need to balance staff development and policing requirements and advised that a report on the recruitment process would be presented to the next meeting of the Board.
Members NOTED the circulated report and that a report on the Force’s recruitment process would be presented to the next meeting of the Board.
15. Revenue and Capital – Update
There had been circulated Report No. pol-33-12 (23kb pdf) dated 25 May 2012 by the Chief Constable updating Members on the Revenue and Capital Budget situation for the 2011/2012 and 2012/2013 financial years.
In response to a question, the Force Director of Finance advised that the majority of the 2011/12 underspend had been in relation to staff costs; expenditure on ill-health retirements had in particular been lower than anticipated. Overall expenditure had deliberately been kept low, due to the uncertainty regarding the budget settlement for 2012/13. The Force had also generated income from its role in policing major events and the transportation of wind turbines.
The Board NOTED the position.
16. Estate Management
There had been circulated Report No. pol-34-12 (109kb pdf) dated 25 May 2012 by the Chief Constable updating Members on Estates Capital and Management projects undertaken by Northern Constabulary.
In speaking to the report, the Deputy Chief Constable highlighted the importance of the project to develop a number of hostels as a means of addressing the difficulty faced in attracting staff to remote and rural areas; the provision of hostel accommodation would help deliver policing across the Highlands and Islands.
During discussion, the Convener expressed his concern at the delay in taking forward construction of the new police station in Fort William and asked that outstanding issues be resolved and the project progressed as soon as possible.
In response to a question, the Board was advised that it was anticipated that ownership of radio sites would be retained by the Police Service of Scotland and also that a standard operating procedure was currently being developed.
The Board NOTED the progress on approved projects and that an update report would be brought to the next meeting of the Board regarding title reports for properties awaiting disposal.
17. Quarterly Performance Report
There had been circulated Report No pol-35-12 (220kb pdf) dated 22 May 2012 by the Chief Constable on operational activity since the previous report to the Board, together with, circulated separately, Quarterly Performance Report (1 January - 31 March 2012) (275kb pdf).
Chief Superintendent Noble highlighted the main points contained within the report, including a drop in class 1-5 crimes compared with the previous year, and a 4% increase in detection. The Force had been praised by Her Majesty’s Inspectorate of Constabulary for Scotland for its robust management of crime audit reporting and the accuracy of statistical returns being quoted. In concluding his report, the Chief Superintendent reiterated the Force’s commitment to reducing drink and drug crime and anti-social behaviour, encouraging road-safety, tackling serious and organised crime and making the public and roads as safe as possible.
The Board NOTED the report.
18. Complaints about the Police
There had been circulated Report No. pol-36-12 (103kb pdf) dated 23 May 2012 by the Chief Constable regarding complaints against Police Officers from 1 April 2011 to date.
In speaking to the report, the Deputy Chief Constable (DCC) reminded Members that the Police Complaints Commissioner for Scotland had recently commended the Force following his audit of its complaints recording process, awarding Northern Constabulary the highest rating of “full assurance”. The DCC also highlighted the significant decrease in the number of complaint allegations received, in part due to the proportionate implementation of the Force’s policy on persistent and vexatious complainers, who could otherwise have a disproportionate effect on the allocation of resources to deal with complaints.
The Board NOTED the report and 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 information by virtue of Paragraph 1 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
The meeting ended at 3.55 p.m.