5 May 2010
AREA FISCALS GROUP/AREA BUSINESS MANAGERS GROUP
MINUTES OF MEETING HELD ON 5 MAY 2010
AT THE HILTON GROSVENOR, 5-21 GROSVENOR STREET, EDINBURGH
Present:
(Chair) Morag McLaughlin Area Fiscal, L&B
Gavin Anderson Business Manager, NCD
Janet Cameron Area Fiscal, Lanarkshire
Gordon Campbell ABM, Tayside
Angus Chisholm ABM, Highland & Islands
Peter Collings Deputy Chief Executive
Bill Comrie ABM, Glasgow
Anne Currie Area Fiscal, Grampian
Nancy Darroch ABM, Lanarkshire
John Dunn Deputy Crown Agent
Tom Dysart Area Fiscal, Tayside
David Gordon ABM, Ayrshire
Pat Hughes ABM, Fife
Janice Irvine Director of Human Resources
Graham Kerr ABM, Argyll & Clyde
Andrew Laing Area Fiscal, H&I
Rosemary Lester Business Manager, Policy Division
John MacFarlane ABM, Central
Sandy Mackie HR Business Partner
Michelle Macleod Area Fiscal, Central
Alan Malone CO Operations Manager
Lynne McNaughton HR Services Manager
Ruth McQuaid Area Fiscal, Dumfries and Galloway
Liam Murphy Divisional Fiscal, Glasgow
Scott Pattison Director of Operations
John Regan ABM, Grampian
Ralph Riach ABM, Dumfries & Galloway
Cameron Ritchie Area Fiscal, Fife
Gertie Wallace Head of Criminal Justice and Disclosure Team, Policy Division
Geri Watt Area Fiscal, Ayrshire
John Watt Area Fiscal, Argyll and Clyde
In attendance:
Linda Herbert Director of IT
Mark Howells Director of Finance
Kevin McArthur Secretary
Sara Shaw Secretary
Apologies:
Catherine Dyer Crown Agent
Lesley Thomson Area Fiscal, Glasgow
John Logue Head of Policy
Bridget Campbell Non-Executive Director
Janet Fulton ABM, Lothian & Borders
Gillian Sweeney DBM, Glasgow
Welcome
1. Morag McLaughlin welcomed everyone to the meeting.
2. Apologies were received from Catherine Dyer, Lesley Thomson, John Logue, Bridget Campbell, Janet Fulton and Gillian Sweeney.
Minutes of Previous Meeting and Matters Arising
3. The minutes of the AFG and ABM meetings held in March 2010 were approved.
4. Morag McLaughlin addressed the action points from the previous meeting.
5. The meeting asked that AFG receive feedback from the next meeting with the Sheriff's Association on the difficulties in contacting Sheriffs out of hours and how, in general, they feel our two organisations are working together.
Action: Morag McLaughlin
6. The meeting was advised that Lindsey Miller's report on Deaths is currently under consideration by the Law Officers.
Forensic Science Services
7. Morag McLaughlin welcomed Tom Nelson, Director of Forensic Services, Scottish Police Services Authority (SPSA) to the meeting.
8. Tom Nelson gave a presentation on the progress of modernisation programme of Forensic Services in the SPSA. He advised that they are working closely with stakeholders, including COPFS, to provide a comprehensive catalogue of services.
9. The meeting were advised of the introduction of the Multi Media Unit which is headed by Craig Dewar of SEU. It was agreed that it would be helpful if Craig could provide a presentation on the use of the Unit at a future meeting.
Action: Secretariat Register of Interests
10. Morag McLaughlin introduced paper AFGABM(10)04 which advised the meeting of the requirement for Areas and Units to compile and maintain a Declaration of Interests Register (DIR) for all Band B to G staff. The paper also advised of the amended procedures, as of June 2010, whereby Secretariat will collate all DIRs on to a master DIR which will be held by Secretariat for presentation to the Crown Agent at the June each year.
11. The contents of the paper were noted.
Governance
12. Morag McLaughlin introduced paper AFGABM(10)05A which provided information in relation to the certification process for Deputes which should be followed. The meeting agreed that it would be helpful if an "ideal" completed form could be produced for information.
Action: Chris Louttit
13. Morag McLaughlin introduced paper AFGABM(10)05B which reminded Area Procurators Fiscal and Business Managers of the requisite reporting procedures for trainee solicitors in COPFS. The meeting noted the content of the paper.
14. John Dunn introduced paper AFGABM(10)05C on the identification and engagement of Procurators Fiscal as Advocates Depute. During discussion:
a) John reported that there are currently five Procurator Fiscal ADs and congratulated Andrew Miller on his recent appointment as a Senior Advocate Depute;
b) The meeting considered the benefits of identifying potential PF Advocate Deputes and agreed that Area Procurators Fiscal should assess Deputes on an annual basis and report to Crown Office for further consideration;
c) It was agreed that further consideration should be given to the current arrangements for appointment of Fiscal ADs, duration of appointments, regular communication during their tenure and re-assimilation once their time as Advocate Depute has been completed. There was also a view that consideration should be given to appointment as an AD providing an alternative career path for legal staff with opportunties for further progression within the AD structure.
Action: John Dunn
Prosecution Policy in relation to TV Licensing Cases
15. Gertie Wallace introduced paper AFGABM(10)06 which advised the meeting of the outcomes and recommendations of a recent meeting with the BBC outlining their intended approach to the investigation and enforcement of non payment of TV licences.
16. The meeting agreed with the recommendations in relation to warrant requests, but asked that further consideration be given in Policy Group to whether it was appropriate to increase the minimum level of fiscal fine in relation to TV licencing cases from £75 to £150.
Action: Gertie Wallace
Risk Management
17. Mark Howells introduced paper AFGABM(10)07 which advised the meeting of the progress made by Senior Risk Owners on the six key corporate risks including the compilation of the COPFS Risk Register. The contents of the paper were noted.
Workload Weightings
18. Mark Howells introduced paper AFGABM(10)08 which sought agreement to the assessment of the resource implications of disposal avenues. During discussion:
a) The meeting identified additional disposal avenues for consideration;
b) It was agreed that Areas will be given 3 or 4 avenues each to calculate the workload weightings of and report back by the end of August.
Staff Reward Scheme
19. Morag McLaughlin introduced paper AFGABM(10)09 which advised of the use made by budget holders of the Staff Reward Scheme in the financial year 2009/10.
20. The meeting were advised that Management Board have agreed to continue the scheme in 2010/11.
21. Areas and Units were encouraged to reward staff at the time of the piece of work or project to maximise the use of the resource. It was suggested that Areas should consider adding the item to their Area Management meetings.
Ad Hoc Fiscals
22. Peter Collings introduced a discussion on the future use of Ad Hoc Fiscals. The meeting agreed that the use of Ad Hocs should be phased out but did not agree on a timescale for this.
Future Funding and Budgets
23. Peter Collings introduced a discussion on the possible implications and challenges for COPFS in anticipation of the result of the upcoming UK General Election and the potential subsequent budgetary cuts.
24. The meeting discussed and identified budgetary priorities over the period of the next spending review and where COPFS could make savings whilst continuing to improve the Service we provide.
AOB
25. Morag McLaughlin noted that it was Cameron Ritchie's last AFG meeting before his departure. She thanked him for all his work in COPFS and contributions to AFG and wished him well for the future in his new role as Vice President of the Law Society.
AFG Secretariat
5 May 2010