OFFICIAL. SPA Public Board meeting Date 30 August 2018 Maryhill Burgh Halls, Glasgow

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1 Agenda Item 9 Meeting meeting Date 30 August 2018 Location Maryhill Burgh Halls, Glasgow Title of Paper British Transport Police Integration Update Reference B /39 Presented By Kenneth Hogg Recommendation to Members For Discussion Appendix Attached No PURPOSE To provide information about the SPA s responsibilities in relation to the integration of British Transport Police integration, and to provide advice about the extent of the re-planning work carried out to date. 1

2 1. BACKGROUND 1.1 This paper provides advice to the SPA Board from the SPA Interim Chief Officer on issues for consideration in relation to ongoing work to enable the integration of British Transport Police (BTP) functions in Scotland into Police Scotland. This advice takes account of the views of Police Scotland on progress to date and on Police Scotland s analysis of the extent of that progress. A separate paper from Police Scotland is being provided to the SPA Board setting out their views. 2. SPA RESPONSIBILITIES 2.1 The SPA has several separate but related responsibilities in relation to the integration of BTP functions in Scotland into Police Scotland: as part of its overall statutory governance responsibilities in relation to Police Scotland (set out in the Police and Fire Reform (Scotland) Act 2012 the SPA must keep under review the policing of Scotland and promote and support the continuous improvement of policing in Scotland. The integration of new functions falls within the scope of this responsibility; as the legal employer of police staff who work in Police Scotland, the SPA will become the legal employer of BTP staff who transfer to become part of Police Scotland. The SPA will also have new legal responsibilities in respect of police officers; as the Accountable Officer for all expenditure by Police Scotland, the SPA Chief Officer has specific responsibilities in relation to ensuring value for money of that expenditure; the Railway Policing (Scotland) Act 2017 gives the SPA specific responsibilities in relation to railways policing once integration comes into effect. These responsibilities are set out in more detail below. Implementation of Railway Policing Agreements The Act states that The Authority may enter into a railway policing agreement (RPA) with a railway operator. RPAs are the contracts between rail operators and the Police under which policing services are provided. BTP are funded by the rail industry. Railway policing in Scotland, as part of Police Scotland, will continue to be funded by the rail industry. A key 2

3 task for the SPA will therefore be establishing the form and content of those RPAs. Railway Policing Management Forum The Act states that The Authority must establish and maintain a forum for it and the chief constable to engage on a regular basis with the relevant railway operators and relevant trade unions about the policing of railways and railway property in Scotland. The SPA will therefore wish to consider the format and information requirements of the forum, and the timing of when it should be established. Agreement of railway policing priorities, objectives, arrangements and costs The Act states that on an annual basis the Authority must agree with railway operators and the chief constable: the priorities and objectives for the policing of the railway and railway properties in Scotland; the proposed arrangements for policing the railways and railway property; the expected overall costs RE-PLANNING PROCESS: UPDATE 3.1 Members are aware from previous reports to the Board that in February 2018 Scottish Ministers decided that the original proposed go live date for BTP integration with Police Scotland of 1 April 2019 could not be met safely, and that a re-planning exercise should be conducted to recommend a new date for operational integration. The re-planning exercise, under the direction of the Joint Programme Board, was initiated and was tasked with concluding its work by September At the current time, the re-planning exercise has not been completed and the JPB has not recommended a new date for operational integration. It will therefore not be possible for the SPA to scrutinise the proposals for a revised integration date at its meeting on 30 August. 3.2 The Joint Programme Board, has not to date issued a report or set of recommendations. The SPA has engaged with the re-planning work, and with Police Scotland, in line with its responsibilities set out in Section 2 above. From that engagement it is clear that at the present time, in addition to the absence of a recommended new 3

4 date for integration, insufficient clarity is available in relation to the following key issues: Costs likely future costs of running railway policing as part of Police Scotland. Given the expectation of the rail industry that costs to them remain broadly consistent before and after integration, any potential increased cost could import financial risk to Police Scotland and SPA; likely total costs to the SPA and Police Scotland (and other parties) of the process of integration; proposed charging model, post-integration, to allocate costs across rail operators. Impact on wider Police Scotland transformation programme the re-planning work has established a fuller but as yet incomplete understanding of the complex dependencies between this integration programme and the wider Police Scotland transformation programme. In particular the ongoing work has established the critical impact and dependency around ICT systems. In essence, the current BTP and Police Scotland systems are incompatible, and Police Scotland s wider ICT transformation which could increase compatibility is only at the planning stages with delivery of the improved system being several years away. Wider risks full understanding of assets and liabilities which will be inherited by SPA and Police Scotland at the point of transition; information about financial risk arising from pension liabilities, and where that risk will lie. Work is continuing to identify solutions which protect and maintains the pensions rights of existing and retired staff and officers, and to establish the extent of pension liabilities which will transfer to SPA. 4. CONCLUSIONS 4.1 At this point in time no revised date for integration has been proposed by the Joint Programme Board as a result of the re-planning work. That work remains ongoing. SPA Board Members have made clear their wish to scrutinise the proposed 4

5 revised date for integration when it is available in advance of Scottish Ministers being asked to decide on the date. That scrutiny will not be possible at the Board meeting on 30 August Further clarity remains to be provided by the re-planning work in key areas of interest to the SPA in order for it to discharge its responsibilities. In advance of this information being available SPA officials will be unable to assess the proposed revised date and make recommendations accordingly to the SPA Board. RECOMMENDATION Members are requested to note and discuss the information contained within this paper. 5