Submitted by SWFBU on
TO: ALL MEMBERS
Dear Brother/Sister
PENSIONS: UPDATE AND SOME QUESTIONS ANSWERED
An update on our pension campaign and negotiations was issued on 18 September (2014HOC540MW) following the meeting of the Executive Council on 15, 16 and 17 September. At this meeting the Executive Council had assessed the latest round of discussions, particularly those with DCLG, and concluded that there could be an opportunity for the current round of talks to lead to improvements in the position proposed by DCLG – and which is therefore likely to be reflected elsewhere. The Executive Council nevertheless stressed to members that this provided no guarantee of progress and warned members should therefore be prepared for further action if necessary.
The Executive Council fully appreciates the frustrations which arise during sensitive negotiations. To assist members and officials we have identified a number of key questions raised by members which are addressed below:
• What is the next thing which Government intends to do?
Government intends that there will be new pension schemes in place across all areas of the public sector by 1 April 2015. The next step for the firefighters’ scheme would be to start the legislative process by ‘laying’ the draft regulations before Parliament. There are then certain requirements regarding timescales etc. So far the regulations have not been ‘laid’.
• What happened during the latest talks?
Following our last round of strikes, further meetings have been held with the new DCLG Fire Minister, Penny Mordaunt and members of her team. These meeting have been more positive, in that areas that we had previously been informed were no longer up for discussion were revisited i.e. these discussions included areas that we had previously been informed could not be discussed.
Penny Mordaunt has also indicated in letters to firefighters and the union that she is committed to getting firefighters the best deal possible. This is in contrast to earlier messages in May from the previous DCLG Minister which had stated that the Government would now proceed with implementation of the Proposed Final Agreement and the necessary legislation will be put before Parliament soon – in other words explicitly ruling out any further discussion or change.
• Are we not simply being strung along to suit the Government?
There is obviously a risk of being ‘strung along’ and the Executive Council is well aware of that risk. However, in the current period that argument would only stand up if DCLG were to proceed immediately with the pension regulations. They have not done so.
Significantly, the original timetable for this to start was mid-August. Following discussion with the FBU we were informed that it would be laid in early September. That has now been put back yet again until at least mid-October (i.e. after 13 October). That will clearly allow the union time to assess whether any revised proposals are made or not and take the appropriate action
• Is our dispute still able to continue if and when the legislation is laid?
There have been several rumours which suggest that once the legislation is laid we would be unable to take any further action. This is entirely inaccurate. The FBU has taken legal advice as you would expect to clarify this. It is quite bizarre that a number of Chief Fire Officers and others have suggested that the laying of pension regulations would prevent further action. It is obvious that such comments are ill-advised and based on a lack of understanding of the law governing trade unions and trade disputes.
• Why does all this take so long? What steps does Government have to take if it is going to issue revised pension proposals?
Fire pensions are dealt with (in England) by DCLG. In Wales, Scotland and Northern Ireland they are dealt with by similar Departments. However, all pension issues are also controlled by HM Treasury. Therefore, if revised proposals are to be made they would also need to be discussed between the corresponding Department and HM Treasury. Wales, Northern Ireland and Scotland can also amend the DCLG proposals in certain areas subject to the Treasury imposed cost ceiling. We are however trying to obtain an overall improved offer with DCLG which should also be replicated around the UK.
• Is the trade dispute live and can action by the Government alone bring it to an end?
The trade dispute remains live and unresolved. There appears to be some confusion among some principal managers in the Fire Service as to what the laying of legislation will mean. This is explained in a previous answer. The trade dispute is the property of the FBU and as such the FBU (through decision of its members) is the only body which can settle it.
• What are the next steps for us?
As previously outlined the FBU have assessed the situation and have built in a period of time to allow negotiators to try to obtain an improved position from DCLG. The recent discussions have been an improvement on those which went before, with suggestions that there may be an improved position. However, the Executive Council is absolutely clear that there is no guarantee or certainty that an improved offer will be made. Therefore, the Executive Council asks members to stand ready for further action should that be necessary.
As always, the union has attempted to resolve the dispute through negotiations. The recent period has appeared to allow another opportunity to do this. If this were possible it would clearly be to the benefit of all members. However, there are no guarantees whatsoever and we face a Government which is still attacking our pension. Therefore, if the current discussions do not produce improvements our campaign must continue.
Best wishes.
Yours fraternally
MATT WRACK
GENERAL SECRETARY
