Cumbria Constabulary

Policy Document

Title: Politically Restricted Post Policy

POLICY STATEMENT

Contents

VERSION CONTROL

This policy is introduced to protect the interests and integrity of Cumbria Constabulary Servants of the Crown, Senior Police Staff and / or any Police Staff member who provides advice and or guidance to Cumbria Police Authority or who regularly speaks to the press.

This policy replaces the previous policy in circulation from Cumbria County Council.

2. AIMS

The aim of this policy is to safeguard political effectiveness and democracy at a local level and aims to reduce the risk of the integrity of Cumbria Constabulary Police Officers and Police Staff being brought into question.

3. APPLICATION

This policy applies to all Cumbria Constabulary Police Officers

This policy applies to all Cumbria Constabulary Special Constables

This policy also applies to all Senior Police Staff members holding posts at Scale PO13 or above, and to Police Staff members below Scale P013 who may provide advice and guidance to Cumbria Police Authority on a regular basis.

This policy also applies to any Police Staff member who on a regular basis speak with journalists and the press on behalf of Cumbria Police Authority.

The Local Government and Housing Act 1989 and Police Regulations 2003 prescribe the restrictions imposed within this policy.

4. LEGAL AND OTHER REFERENCES

Police (Amendment) Regulations 2004

Police Regulations 2003, Regulation 6; Schedule 1 - Restrictions on the Private Life of Members of Police Forces

Police Staff Terms and Conditions of Employment

Home Office Circular 12/2000, Special Constables: Eligibility for Recruitment, Sections 42 and 43, Political Activity

ACPO Statement 89/04 Membership of the British National Party, July 2004

Human Rights Act 1998 - Article 10 Freedom of Expression

Local Government Officers (Political Restrictions) Regulations 1990

Local Government and Housing Act 1989

Constabulary Business Interests and Secondary Employment Policy for Police Officers

Constabulary Business Interests and Secondary Employment Policy for Police Staff

Ahmed vs. United Kingdom (1999)

Every care is taken to ensure that all cross references to other policies, procedures and guidance notes of Cumbria Constabulary is as up to date and applicable as possible. However, there may be occasions where policies are being reviewed or finalised, and an existing policy has not yet been amended to reflect this.

5. FREEDOM OF INFORMATION EXEMPTION STATUS

This policy will be released to the public in accordance with the Freedom of Information Act.

6. COMMENTS ON THE POLICY

All comments on how this policy can be improved are welcomed and should be forwarded to the Policy Owner at the correspondence address below:

Director of Personnel & Development

Cumbria Constabulary Police Headquarters,

Carleton Hall,

Penrith,

Cumbria

CA10 2AU

For the purpose of this policy “Politically Sensitive Activity” is defined as:

Becoming engaged, occupied or involved with the organisation of local and / or central government affairs, which may cause controversy with the way in which a Police Officer or Senior Member of Police Staff would discharge his or her duties.

Designated politically restricted posts within Cumbria Constabulary are as detailed below:

Police Officers, Special Constables and Police Staff members in designated politically restricted posts will be advised of the regulations placed on them within their letter of appointment and /or contract of employment.

In accordance with Regulation 6, Schedule 1 of Police Regulations and Determinations 2003 (as amended), Police Officers shall abstain from political activity, which is likely to interfere with the impartial discharge of his or her duties, or which is likely to give an impression amongst members of the public that it may so interfere.

Home Office Circular 12/2000 Eligibility of Special Constables for Recruitment, Political Activity, Section 42 and 43 states “The Standing Committee approved proposals to include in the new Special Constables Regulations a regulation identical to that for regular officers that a Special Constable may not take any active part in politics.” As such Cumbria Constabulary extends this policy to apply to all Special Constables.

All Police Officers, Special Constables, Senior Police Staff posts (Scale PO13 or above) and any Police Staff post which provides regular advice and guidance to Cumbria Police Authority or who regularly comes into contact with or speaks to the press are classed as being in “Politically Restricted Posts”. As such they may not become involved or take part in any of the following:

The House of Commons,

The European Parliament;

a Local Authority or;

a Parish Council

f) Speaking or writing publicly on matters of political controversy.

For Police Officers, Special Constables and Police Staff members in designated politically restricted posts standing for Political Office at all levels, including parish councils, will be considered as a conflict of interest under the Secondary Employment and Business Interest Policies and will not be supported. For further information please refer to the Secondary Employment and Business Interests Policies for Police Officers and Police Staff which can be found in the Policy Library Force / Strategic Management Handbook / Policy & Strategy / Force Policy / Policy.

The restrictions imposed within this policy are prescribed by law and remain for the period in which Cumbria Constabulary employs the Police Officer or Police Staff member.

7.3.1 Membership of the British National Party, Combat 18 And /

Or The National Front

In accordance with the Constabulary's Race Equality Scheme Cumbria Constabulary has a duty under the Race Relations Amendment Act 2000, which requires the Constabulary, as a public authority, to:

In line with the ACPO Statement 89/04, Membership of the British National Party, July 2004, and under the provisions of Regulation 6, Police Regulations 2003, the Police (Amendment) Regulations 2004, Police (Conduct) Regulations 1999 and Police Staff Conditions of Service no Police Officer or member of Police Staff may be a member of an organisation whose constitution, aims, objectives or pronouncements contradict the general duty to promote race equality. This specifically includes the British National Party (BNP), Combat 18 and / or The National Front. It is anticipated that non-compliance will result in dismissal through the relevant disciplinary procedure.

In addition to non-compliance regarding membership of BNP, Combat 18 and / or The National Front outlined in Section 7.3.1 above, in determining whether a Police Officer or Police Staff member is in breach of this policy regard shall be paid to the following:

Breaches of this policy may result in disciplinary action, which may lead to dismissal.

Police Staff detailed in Section 7.2 d), e) and f) may appeal against inclusion of their post in this policy under Section 3 of the Local Government and Housing Act 1989 on the basis that his or her post is not politically sensitive and would not include duties of the following nature:

Applications of appeal must be made in writing to the Independent Adjudicator, Room 246, Lambeth Bridge House, Albert Embankment, London, SE1 7SQ, sending a copy to the Employee Relations Section, Personnel and Development Department, HQ.

Where a Police Officer or Police Staff member in a politically restricted post provides written notice that he or she wishes to resign from his or her appointment because he or she intends to announce or cause, authorise or permit anyone else to announce that he or she is, or intends to be a candidate for election to the House of Commons, Local Authority or other elected political body at a pending election, his or her appointment will be terminated forthwith.

The Employee Relations Section will maintain a register of posts which fall within the provisions of this policy.

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