Minutes

Minutes of the meeting of the Human Resources Committee held on 22 July 04 at 10 Dean Farrar Street, SW1H 0NY.

Present

Members

• Rachel Whittaker (Chair)
• Jennette Arnold (Deputy Chair)
• Tony Arbour
• John Roberts (items 1 to 11, and 15)
• Abdal Ullah

MPA officers

• Catherine Crawford (Clerk)
• Judith Christie (External Solicitor) (item 14)
• Alan Johnson (Head of Human Resources and Professional Standards)
• Liz Turner (Management Accountant)
• Ruth Hastings Iqball (Committee Section).

MPS officers

• John Bates (Director, Crime Academy)
• Neil Bayne (Interim Director, Pay and Benefits)
• Gordon Davison, Director, (People Development)
• Shabir Hussain (Commander, Training and Development)
• Paul Madge (Acting Director, HR Services)
• Simon Marshall (Director, HR Recruitment)
• Martin Tiplady (Director of HR)
• Craig Watkins (Director of Business Support, Finance Directorate)

Part 1

1. Apologies for absence

(Agenda item 1)

Apologies for absence were received from Peter Herbert, Kirsten Hearn and Aneeta Prem (members), Bernard Hogan-Howe (Assistant Commissioner, MPS) and Denise Milani (Director, Development and Organisational Improvement Team, MPS).

2. Declarations of interests

(Agenda item 2)

No declarations of interest were received.

3. Minutes of the Human Resources Committee – 6 May 2004

(Agenda item 3)

The Committee considered the minutes of the meeting held on 6 May 2004. In relation to the resolution at agenda item 6, requesting that the Clerk to consider a joint working party to review progress on the interrelated matters of civilianisation, the reform agenda, the Safer Neighbourhood Programme and budget setting, the Clerk proposed something similar to the C3i Oversight Group.

Resolved - That the minutes of the meeting held on 6 May 2004 be confirmed and signed as a correct record, subject to the amendment detailed above.

4. Minutes of the Remuneration Sub-Committee – 27 May 2004 2004

(Agenda item 4)

Resolved - That the minutes of the meeting held on 27 May 2004 be noted.

5. Minutes Of The Police Pension Forfeiture Sub-Committee – 17 May 2004

(Agenda item 5)

Resolved - That the minutes of the meeting held on 17 May 2004 be noted.

6. Chair’s, Members’ And Clerk’s Update

(Agenda item 6)

The Chair congratulated AC Bernard Howe on his promotion to Chief Constable of Merseyside. She informed members that in the last months she had attended several Police Negotiating Boards, including its Annual General Meeting.

The Clerk reported that Commissioner had announced his retirement at the MPA's Annual Meeting. An advertisement for his successor would be placed in ‘Police Review’.

The Director of HR reported that the HR Department had met with the Home Office Police Promotions Review Board concerning changes to the sergeant to inspector promotion process. Pre-employment drug testing of recruits had begun in June. Two new intakes (367 recruits) had been tested. Only two recruits had failed, and subsequent tests had revealed the positive results were due to over-the-counter medicines. In answer to questions, members were informed that recruits were aware they would be tested. Drugs testing could not be extended to serving officers until Police Regulations were changed.

Resolved - That the oral report be received

7. Training Strategy

(Agenda item 7)

Members received a report providing an update on the Annual Costed Training Plan, as well as Directorate of Training and Development's proposals, priorities and outputs. In answer to questions about the format of the Training Strategy, members were informed that its completion was a legal obligation, and its format decided by the Home Office. It was agreed that an alternative format be proposed to the Home Office, following discussion outside the meeting.

In relation to appendix 3, members were informed of the strategies to prevent the mismatch between course places and number of attendees. As part of this ‘value for money’ approach to training the MPS was piloting ‘lock in’ periods for people who had completed courses. Members asked for a report on this in due course.

Resolved - That the MPS Training Strategy be noted.

8. Role Of The Training Standards Unit

(Agenda item 8)

A report was received providing an overview of the Training Standards Unit. It explained the Unit’s place within the overall training structure and its contribution towards maintaining and improving MPS training. In response to questions about marketing courses to other forces, members were informed that it was difficult to balance marketing courses and providing courses to MPS employees. Members expressed a desire to visit the Training School at Hendon. The Clerk would discuss this with Commander Hussain outside the meeting.

Resolved – the

1. the report on the role of the Training Standards Unit be noted; and
2. a further report be received in 12 months

9. Crime Academy

(Agenda item 9)

Members received a report on developments within the Crime Academy since it was opened on 31 March 2003. They were informed that courses were provided to non-MPS employees by using excess capacity and downtime between courses. This maximised the Academy’s income and enabled it to employ more trainers. It was noted that there was little discussion in the report of the civilianisation of aspects of crime investigation. Members were informed that the new police staff investigators would attend the Academy, and that it was developing courses for police staff such as front desk staff and those employed in Telephone Investigation Units. It had trained 420 police staff in HOLMES (Home Office Large Major Enquiry System) and forensics.

Resolved – That

1. the report be noted; and
2. a further report be received in 12 months

10. Recruitment and Retention 1 April 2004 – 31 May 2004

(Agenda item 10)

A report was received summarising work undertaken by the Recruitment and People Development Directorates. Member’s attention was drawn in particular to the Special Constabulary strength at the end of May, which stood at 753 officers. The recruitment target for the financial year 2004/2005 was 375 officers. In order to meet this the MPS was allowing police staff applicants to undertake Special Constabulary duties during their working hours for one day each fortnight.

In answer to questions relating to visible ethnic minority (VEM) recruitment, members were informed that there had been an increase of 25%, and 15-16% of intakes were from VEMs. However, the unprecedented number of people wanting to join the MPS as police officers meant applications increased from 60 a month to 60 a day. This had lead to a huge backlog of applications, which had been cleared and a corresponding pause in sending out application packs. The applications dealt with resulted in a pool of successful applicants who were largely male and white.

At the end of April 2004 there were 1,967 VEM officers. The Home Office target was for 8,147 VEM officers by 2009. This would equate to a 6,180 increase over 5 years. Coupled with a low wastage figure of around 1,350, 7,530 VEM officers would have to be recruited to meet this target, with intakes over the next five years of 68% VEM officers. Even with changes to legislation to allow positive discrimination and assuming sufficient VEM applicants, the Home Office target would not be met. It was agreed a seminar should be held for members to discuss these issues. Members requested a move away from the phrase VEM in reports. It was noted that the GLA use BME

A presentation followed on the new MPS recruitment website, which was generally welcomed.

Resolved – That

1. the report be noted; and
2. a presentation be given to the full Authority on the MPS Recruitment Strategy.

11. Update On Recruitment Of Acting Sergeants

(Agenda item 11)

The Equal Opportunities and Diversity Board requested a report entitled ‘Recruitment of Acting Sergeants’ for their 1 April 2004 meeting which was cancelled, be referred to the Human Resources Committee. Members received this report, together with an update explaining why it had been necessary to introduce a revised acting sergeants’ process to cover the period from 1 June to 31 December 2004.

Resolved – That the contents of the report be endorsed.

12. Human Resources Committee Workplan 2004-5

(Agenda item 12)

Members received a draft work plan for consideration.

Resolved – That the work plan be discussed outside the meeting, but that there should be a report on the Leadership Academy at the earliest opportunity.

13. Membership Of The Police Pensions Forfeiture And Remuneration Sub-Committees

(Agenda item 13)

The committee received a report asking it to appoint the Chair, Deputy Chair and members of the Police Pensions Forfeiture and Remuneration Sub Committees up until the Authority’s annual meeting in June 2005.

Resolved - That

1. membership of the Police Pensions Forfeiture Sub Committees be drawn from available members of the HR Committee and Cindy Butts; and
2. Membership of the Remuneration Sub Committees be Rachel Whittaker (Chair), Jennette Arnold (Deputy Chair), Anthony Arbour, Reshard Auladin and Len Duvall.

14. Police Pension Regulations 1987

(Agenda item 14)

The Police Pension Sub-Committee, through delegated powers from the Human Resources Committee, is responsible for adjudicating on the question of forfeiture of police pensions for convicted ex-officers. It decides whether to apply to the Home Secretary for a certificate of forfeiture (‘certification decision’) and then how much and for how long an officer’s pension should be forfeit, if at all (‘forfeiture decision’). Members received a report dealing with four issues connected with the forfeiture of pensions – namely:

• the decisions in four appeal cases heard by Snaresbrook Crown Court in April 2004 following decisions by the Police Pension Sub-Committee to forfeit police pensions in May and September 2003 respectively.
• the recommendations made by the judge presiding on the appeal cases as to the changes that should be made to the procedure followed by the Sub-Committee.
• whether it is necessary for the certification and forfeiture decisions in individual cases to be considered by different members of the Sub-Committee.
• in the light of revised actuarial calculations as to the percentage of an officer’s pension available for forfeiture, a consequential reduction should be applied to the forfeitures by the MPA since July 2000

Members noted the decisions made at the appeal hearings. In respect of the recommendations made by the presiding judge, members were advised that there were three suggestions as follows:

1. that provisions be made for a convicted officer to submit a short written representation to the Home Secretary to be considered at the same time as the police authority’s application for a certificate (NB: in effect, this current happens in that all the papers considered by the Sub-Committee on certification, including any comments by the officer, are enclosed with the MPA’s application);
2. that the pensioner and/or his legal representative be allowed to attend the meeting of the forfeiture Sub-Committee;
3. that the Sub-Committee sit in public.

Members were advised that no decision was required in connection with the recommendation at (i) – this suggestions was reflected the current process in any event. In connection with recommendations (ii) and (iii), members were informed that the ex-officers had not been given chance to make oral submissions and that the Sub Committee had discussed their cases in closed session. The court viewed the removal of pension as the removal of a valuable possession which if conducted improperly could violate the human right of not to be arbitrarily deprived of property. If the Committee determined to deal with cases as it had previously, it could be faced with expensive appeals and adverse publicity – a claim for costs for the four appeals heard in April had been made by the appellant’s solicitors in the region of MPA £45,000. Members decided they were content to hear appeals against pension forfeiture in public, but would wish to retire to make their decision in closed session. Members also requested that the procedure followed by the Police Pension Sub-Committee was updated for consideration at the next meeting of the Committee. Members were minded to continue to have paper only hearings, unless a specific request for a personal appearance was made which the committee would then consider.

In connection with the issue as to whether the certification decision and the forfeiture decision should be taken by different members of the Sub-Committee, members were informed that there was legal argument to support the view that it was unnecessary, in the particular circumstances of the forfeiture process, to separate functions.

Resolved - That

1. the judgment of Snaresbrook Crown Court in the four appeal cases heard in April 2004 members be noted;
2. the procedure followed by the Police Pension Sub-Committee be updated in light of the recommendations made by the judge presiding over the appeals at Snaresbrook Crown Court and the views expressed by this committee and formally adopted at the next meeting of the Human Resources Committee;
3. it was not necessary to ensure that the decision as to whether to order forfeiture should made by different members of the Sub-Committee those deciding whether to apply to the Home Secretary for a certificate of forfeiture; and
4. all forfeiture decisions taken by the MPA since July 2000 would be re-calculated to reflect that the secured element of a pension (which reflected the officer’s own contributions) had been actuarially assessed in February 2004 at 35% rather than the previously assumed 25%.

15. Review Of Pay Progression Arrangements In The MPA

(Agenda item 15)

(This item was heard after item 11). The Human Resources Committee had considered pay progression arrangements for MPA staff in September 2001 and resolved that a Performance Related Pay (PRP) pay progression system should be adopted. A report was received that outlined proposals supported by the MPA’s Senior Management Team (SMT) Public and Commercial Services Union inviting them to review the existing system and consider an alternative. Members were informed that staff appraisal would continue, but would not be concerned with pay. It was the view of staff that staff were not motivated primarily by PRP, it was divisive, inhibited management and did not assist in the management of poor performance. Members were concerned that an incremental scheme rewarded average and outstanding performance equally. The Committee nevertheless requested a further report proposing a specific and costed alternative in order to assess the proposed changes in detail.

Resolved - That

1. the Remuneration Sub-Committee should consider the salary increases for the Clerk, the Treasurer, the Deputy Clerk, the Deputy Treasurer, the Director of Internal Audit and the Director of Communications; and
2. the committee should received a further report proposing a specific and costed pay alternative.

16. Exclusion Of Press And Public

(Agenda item 16)

A resolution was put to exclude the press and public from the meeting during items 5-7 as it was likely to disclose exempt information as described in Schedule 12(a)(1) of the Local Government Act 1972 (as amended).

Resolved – That the press and public be excluded from the meeting during discussion of agenda items 17-20.

Part 2

17. Exempt Minutes Of The Remuneration Sub-Committee –19 APRIL 2004

(Agenda item 17)

The Committee considered the exempt minutes of the meeting held on 6 May 2004.

Resolved - That the exempt minutes of the meeting held on 6 May 2004 be confirmed and signed as a correct record.

18. Exempt Minutes Of The Police Pension Forfeiture Sub-Committee – 17 May 2004

(Agenda item 18)

The Committee noted the exempt minutes of the meeting held on 17 May 2004.

Resolved - That the exempt minutes of the meeting held on 17 May 2004 be noted.

19. Post Related Allowance For Chief Superintendents

(Agenda item 19)

A report was received setting out the proposed list of chief superintendent posts to receive a post-related allowance. It was noted that the allowance was a reward for the most complex posts, and had been agreed after a rigorous assessment of all chief superintendent posts.

Resolved – That the list of posts listed in Appendix 1, as agreed by the Clerk under delegated Authority, be noted.

20. Medium Term Police Staff Pay Strategy - Presentation

(Agenda item 20)

There was a brief presentation on the current state of pay negotiations.

The meeting ended at 13.10

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