High court backs Smith but Federation claims moral win

The Police Federation has won a “moral battle” despite the high court this week backing Home Secretary Jacqui Smith in her acrimonious dispute with police officers over pay, said its chairman Paul McKeever.

Lord Justice Keene and Mr Justice Treacy rejected an appeal by the Police Federation against Ms Smith’s decision to refuse officers a 2.5 per cent pay increase in full.

“We are extremely disappointed with the decision of the court, but we take heart that we have won the moral case,” said Mr McKeever.

A judicial review application was brought by the Police Federation general secretary, John Francis, and the Staff Side of the Police Negotiating Board, who contended that police forces around the country had a “legitimate expectation” that they would receive the full 2.5 per cent increase recommended by the independent Police Appeal Tribunal.

“One can readily appreciate that police officers are in a difficult position over pay and they are denied the right to strike,” said Lord Justice Keene. “In its place is put negotiating and arbitration machinery, but the outcome of those processes is not binding on the eventual decision maker, the Home Secretary. Whether that is a satisfactory situation is not a matter for this court.”

He ruled: “She [Ms Smith] had reasons which she was entitled to regard as being of greater weight than the Police Appeal Tribunal award, and she explained those reasons with sufficient clarity. It would follow that I refuse this application for judicial review.”

Mr McKeever said the moral victory had been demonstrated by the “tremendous support shown by the public and politicians of all political parties who have voiced their anger and concern at the way this government has treated police officers across the UK”.

He continued: “We want to fight crime and criminals, not the Home Secretary. Her decision means that whatever the decision of an independent pay body, she can pay whatever she wants to police officers. That cannot be right.

“Without the industrial rights of other workers, we had no other choice but to pursue this appeal.”

The Federation is meeting today with its colleagues on the Staff Side together with its legal team to discuss this judgment, its implications and the option of making an application to appeal against the decision.

Ms Smith said she was “pleased” with the court’s ruling: “This was a difficult decision but one I stand by. It was important to ensure that pay settlements are affordable and consistent with government pay policy in the interests of keeping the cost of living under control.

“I recognise the vital and hard work which police officers carry out every day and believe that effective pay arrangements for police officers are essential for a modern police service.

“I want to work closely now with the Police Federation and we are already discussing this year`s pay round and pushing for a multi-year deal from 2008 to ensure police officers and their families get pay certainty in future.”