DPF Briefing

May 2001

Discipline Regulations

There have been suggestions by some members that the current MDP Discipline Regulations are ultra vires (ie invalid) as they have not been issued as a formal Statutory Instrument.

This is not a new issue. This point has previously been considered by DPF Annual Conference and has been the subject of communications with MDP.

The suggestion that the Regulations are invalid are based on a comparison with procedures for Home Department Police. Their Discipline Regulations take effect in the form of Statutory Instrument. But it does not follow that MDP Discipline Regulations must take effect in the same way. The statutory framework applicable to Home Department Police discipline is fundamentally different from that for MDP. Specifically, the legislation requires that for Home Department Police discipline must be dealt with in accordance with Discipline Regulations enacted by Statutory Instrument.

The 1987 MDP Act, on the other hand, contains no similar requirement. It simply provides for Regulations to be enacted by Statutory Instrument in relation to procedures for representation at disciplinary hearings.

There is a perfectly good reason for these different provisions. With Home Department Police standard Discipline Regulations applicable nationally are required to ensure uniformity and consistency in each force. There is no such requirement in MDP which is a unitary force.

Accordingly, legislation did not require statutory Discipline Regulations. However, legislation did provide a framework for regulations and discipline in MDP has been governed accordingly.

When the matter came before Annual Conference in 1998 the Chairman reported that the Federation had taken the view that it was not in the interests of DPF to challenge the legality of the regulations. Solicitors had been consulted and they had pointed out that members are expressly bound by the regulations by the terms of their appointment. Further, when initially drafted in the 1980s, the Federation had confirmed our agreement to the regulations on behalf of DPF members. This was communicated to the Department by the DPF Chairman at the time, Mick Jones.

The Chairman informed the 1998 Annual Conference that DPF supported the Official Side in seeking to formalise the position by placing the regulations on a statutory basis. Annual Conference endorsed the Federation position as reported by the Chairman.

The Department has shown its commitment to take the matter forward with relevant provisions included in the Armed Forces Bill. Unfortunately, the relevant provisions in the Bill fell through lack of Parliamentary time following the announcement of the General Election. However, progress has been made in formulating the required provisions and once legislative time is made available these provisions can be included in a new Bill. The next stage will then be to enact new Discipline Regulations which accord with those applicable to Home Department Police.

Whilst we have expressed concern at the delays to reach this stage, nothing has changed in the intervening period to justify a change of Federation policy.