Project alpha. Civil Nuclear Constabulary. Human Right and Equality Impact Assessment (HREIA) February 2017 OFFICIAL. 1 P a g e

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1 Civil Nuclear Constabulary Project alpha Human Right and Equality Impact Assessment (HREIA) Version 1.0, 27 February 2017 February P a g e

2 Human right & equalities impact analysis alpha project Page Contents 2/3 Contents Page 4 1 Introduction Purpose and Approach Scope and Data 6 Background Public Service Reforms for Pensions 7 CNC and CNPA 8 Terms and Conditions Transitional Protection - unchanged group Transitional Protection Taper Group Transfer group 9 New CARE Scheme Arrangement for CNPA 9 Dialogue and Consultation 10 Decision to bring CNPA/CNC employees within alpha 13 2 Impact of Pension Reform Responsible Authority Extending an Existing New Scheme to CNPA employees Decision to on board to alpha CNPA formal admission to the alpha scheme Normal Pension Age in alpha 13 Operational Requirements of the CNC - Total Reward 15 Comparison with Home Department Police Forces 2 P a g e

3 Page Contents Operational Requirements of the CNC Fitness Impact of Moving Retirement to State Pension Age on Health and Well-being Disease prevalence in the general population over age 60 Projected disease prevalence in CNC officers over age 60 Maintaining fitness standards over age Impact of Linking State Pension Age to Normal Pension Age: Workforce Data 31 5 Additional Comparators General Age Gender Race Other Protected Characteristics Staff Associations/Trade Union Input & Independent Review Conclusion Appendix A: Home Office / ACPO Objective Justification For The New Compulsory Retirement Age. Appendix B: Cost Modelling Appendix C: Comparators Appendix D: Staff Associations/Trade Union Input & Independent Review. Appendix E: Reference Material 3 P a g e

4 Introduction Human right & equalities impact analysis Purpose 1.1 This human rights and equality impact assessment (HREIA) is being conducted following the completion of an initial HREIA screening to consider the impact of the introduction of a new pension Career Average and Revalued Earnings Scheme required under statute for Civil Nuclear Police Authority (CNPA) employees, in particular operational armed officers. 1.2 An initial HREIA was completed at 01 November 2016 with a recommendation to complete a full HREIA based on the information available. The proposal to transfer to CARE arrangements, as required through statute, contains criteria which may have a high level negative impact in terms of the age and gender strands of equality legislation. Equally, it may also have an adverse impact in the CNPA/CNC duty to promote good race relations. Hence the requirement for a full and proportionate impact assessment of this proposal to ensure there is clarity in terms of potential impact on protected characteristics; safeguarding and the reputation of the CNPA/CNC. 1.3 In particular to consider the impact of the key elements of the new public services pensions schemes, particularly in linking a member s Normal Pension Age (NPA) to their State Pension Age (SPA) currently age 65 but in the future, dependent on date of birth, 67/68. Approach 1.4 The Public Service Pensions Act 2013 has not afforded CNPA/CNC officers the same exemptions as Home Office Forces to enable its armed officers to take an unreduced pension at age 60 and, therefore, CNC officers joining the new CARE arrangements will have a NPA which equals State Pensions Age (SPA), rising to age 67/68 in the future. Equally, looking to other potential comparators such as British Transport Police (BTP) and Ministry of Defence Police they have been afforded different treatment with BTP officers retaining a NPA of 60 (within a funded scheme) and MDP 65 (which retained its current NPA the cost differential to SPA met by MOD). 1.5 Where potential impacts have been identified as part of the HREIA initial screening we will further assess causation in the context that the CNPA/CNC operational workforce population is predominantly different in characteristic to the majority of the new scheme membership which covers a civil service population. 4 P a g e

5 1.6 Furthermore, this impact assessment will consider the impact in terms of protected characteristics at the point of transfer to new CARE scheme arrangements but there will be a requirement for a more longitudinal analysis over time. Scope 1.7 This assessment will consider specifically the impact on affected CNPA/CNC employees transferring from current membership of the UKAEA CPS to the Civil Service and Others Pension Scheme known as alpha. In particular it will look at the impact for operational front line armed officers and their ability to take an unreduced pension. 1.8 Equally, it will take into account the arguments presented to government that it is simply not sustainable for operational armed officers to maintain the levels of capability, in particular levels of fitness, required to State Pension Age. 1.9 It will consider risk mitigation in terms of not only the impact to CNPA/CNC operational officers but also to personal, site and national security. Data 1.10 In terms of the impact analysis the initial HREIA provided the strategic headlines which are unlikely to change. However, a more considered analysis of the data may well provide some further insights in terms of protected characteristics but it is important that this is proportionate acknowledging there will be limitations given resource. Equally, equalities impact will continue to be monitored over the long-term and in the light of new data Based on the data available, which includes CNPA/CNC workforce data; fitness and medical data; overall capability requirements; statutory requirements; etc a full and proportionate impact assessment has been undertaken. For employees who are protected within the current UKAEA CPS arrangements and will be able to take an unreduced pension at age 60 we are satisfied that there is unlikely to be a disproportionate effect on transferring to alpha CARE scheme arrangements at 1 April This population of the CNPA/CNC workforce profile are not, therefore, a factor in terms of negative impact. 5 P a g e

6 Background Public Service Reform for Pensions 1.12 In the June 2010 Budget, the Chancellor commissioned an independent fundamental review of public service pensions. The resulting Hutton report, 2011, informed the key features of the Government s reform of public sector pensions including, a new scheme based on Career Average and Revalued Earnings (CARE) with Normal Pension Age (NPA) linked to State Pension Age (SPA); protection of benefits already earned; linking the past benefits of those in final salary schemes to the member s final salary when they leave the scheme or retire; and protecting those who, as at 1 April 2012, had ten years or less to their current normal pension age to the changes The Government set out cost ceilings for the main public service pensions schemes, including the Principal Civil Service Scheme In taking forward Lord Hutton s recommendations to reform public service pension schemes, the Government s original intent was to move all current public service employees to new pension arrangements by April In order to mitigate the effect of introducing reformed schemes on older public service workers transitional protection arrangements deliver this commitment in that those employees within the CPS Scheme and, as of 1 April 2012, ten years or less to their current pension age would see no change in their normal pension age and age at which they can take an unreduced pension. Equally, to further mitigate the impact to those employees just falling outside the unchanged protected group taper protection is also included. More generally, for all those who are already in the UKAEA CPS scheme there will be no impact on any benefits that have been built up in these current arrangements to 1 April Therefore this impact assessment considers the impact on the current CNPA/CNC workforce in terms of what they would have earned under their current pension arrangements had they remained in that scheme (unchanged) after 2017 and what they will receive under the 2017 Civil Service and Others alpha scheme. Transitional Protection - unchanged group 1.15 Those within 10 years of CPS NPA (usually age 60) and a scheme member on 1 April These staff will not move to alpha and are expected to remain in CPS until their retirement or earlier leaving. They will experience no change in the benefits they earn as a result of CNPA transferring to alpha. For this reason, the impact of transferring to alpha on this group will not be a consideration as part of the HREIA. It is estimated that within the CNPA/CNC there are around 170 members in this group, approximately 10.5% of the total CNPA/CNC numbers within the current UKAEA CPS. Transitional Protection Taper Group 1.16 Those in the scheme and aged 52 years 7months to 54years 11 months at 1 April 2017 (aged 47.7 to 50 on 1 April 2012) will move to alpha according to a table. See the Civil Service Pensions website for further details. This group will remain in the current 6 P a g e

7 CPS pension arrangements for a period beyond 1 April 2017, aligned to the tapering tables, before transferring to the alpha scheme. The HREIA will consider any relevant issues raised in relation to this taper protection. We estimate that currently there are around 54 members in this group, approximately 3.5% of the total CNPA/CNC numbers within the current UKAEA CPS. Transfer Group 1.17 CNPA/CNC employees who are not in the above two groups described above and currently UKAEA CPS members will transfer to the Civil Service and Others Pensions Scheme, known as alpha, on 1 April 2017 within the current scheme rules for future pension accrual after this date. The HREIA will consider any relevant issues in relation to this group. It is estimated that around 1365 CNPA/CNC employees who are currently members of the UKAEA CPS are in this group, 86% of total numbers within the current UKAEA CPS. The CNPA and CNC 1.18 The CNPA is a non-departmental government body, which was created in 2005 under the provisions of the Energy Act It is the function of the CNPA to maintain the CNC as an efficient and effective Constabulary (Energy Act 2004, s52(1)). The CNC s primary function is the protection of licensed civil nuclear sites which are not used wholly or mainly for defence purposes, and the safeguarding of civil nuclear material in the UK and elsewhere The CNPA reports to BEIS, it s sponsoring Department. In particular, the Secretary of State for BEIS may give direction on a wide range of matters, including directions relating to terms and conditions of CNC officers (Schedule 10, para 6) and direction requiring the United Kingdom Energy Authority ( UKAEA ) to make modifications of a UKAEA pension scheme as the Secretary of State considers appropriate in respect of the participation of CNPA employees in such as scheme (Schedule 10, para 7) CNC officers are both employees of the CNPA and office holders, unlike territorial forces, i.e. Home Office forces. The focus of the duties which they perform is different from the range of duties which are performed by officers in territorial forces, because the main role is the armed protection of licensed nuclear sites and safeguarding nuclear material The CNC is an armed police service. The great majority of CNC officers are accredited firearms officers and required to meet a mandated level of fitness, prescribed nationally, and which underpins its firearms licensing requirements. This is unlike territorial police forces in which armed officers are within a specialist unit and have the options to return to a non-armed role when the levels of capability required in an armed role are no longer sustainable. There are a very limited number of roles for CNC armed officers to move to when the mandated levels of fitness and firearms standards are no longer sustainable. 7 P a g e

8 1.22 In addition to mandated levels of fitness and firearms standards, operational CNC officers work a 12 hour shift pattern which includes two days and two nights consecutively. They are require to wear body armour and to train with respirators and work to firearms tactical profiles The CNC is licensed by the College of Policing and is trained to the same national standards as Home Office forces, but is governed by different legislation. CNC operates to a minimum level of fitness which is aligned to national standards for specialist roles in Home Office forces. This is a requirement of the College of Policing to meet the requirements of the CNC s firearms license. All CNC armed officers are required to formally test against this requisite standard of fitness for an armed officer and must meet this to remain operationally deployable The main objective of the CNC is to provide armed response and to protect nuclear sites and nuclear materials in transit and to deter and to detect terrorists. The CNC also provides reassurance to the vicinity of licensed nuclear sites. The patrol strategy of the CNC is therefore intended to constrain and disrupt the operating environment for those with terrorist intent. Whilst on patrol, CNC officers will occasionally come across nonterrorist incidents within their local vicinity. Officers receive sufficient Home Office training to allow then to deal with such encounters The CNC is entering into collaborative agreements with Home Office forces to allow the CNC to provide armed support to Home Office forces should they require it. This agreement formally removes the pre-existing restriction of CNC officers policing powers being limited to a five kilometre radius of a nuclear site, should officers be required to provide support to any force across the country, if circumstances require it, because where a CNC officer is seconded to a Home Office force they will have the same powers and privileges as a constable of that force. Terms and Conditions of Employment 1.26 The CNC was formally part of the UKAEA and its employees pensions are still administered by that body s scheme, the UKAEA Combine Pensions Scheme. It is important to recognise that whilst CNC officers are both employees and office holders, they are considered to be employees first and their employment regime is covered by the Energy Act 2004, not the Police Act The CNPA is currently aligned to Home Office forces in terms of normal pension age, namely age 60 for Federated Ranks and age 65 for Superintending / ACPO ranks. CNC officers though have never been members of the Police Pension Schemes. They have since the formation of the CNPA/CNC been members of the UKAEA Combined Pension Scheme, administered by AON Hewitt and is a defined benefit / final salary scheme with current employer contributions of 16.2% of salary and employee contributions of 8.2% of salary To meet with the requirements of the Public Service Pensions Act 2013 (PSPA 13) the UKAEA was directed by HM Treasury to close its final salary scheme for future 8 P a g e

9 accruals for affected members at 1 st April 2017 and transfer those members to new CARE arrangements. The Scheme that affected UKAEA members are transferring to at 1 April 2017 is the Civil Service and Others Pensions Scheme known as alpha. Similarly, employer members of the current UKAEA CPS, including the CNPA, will need to ensure that they have future CARE pension scheme arrangements in place at 1 April 2017 when the current final salary scheme closes for future accrual for affected members. HM Treasury has directed that it sees no justifiable rational for the UKAEA CPS scheme remaining open for future accrual for the CNPA beyond 1 April Therefore, there is no option for the CNPA but to ensure that it too on-boards to new pension arrangements at 1 April 2017 given that its contingency would have been to extend the existing scheme provision beyond this date. New CARE Scheme Arrangement for CNPA 1.29 The current legislation, PSPA 13, does not provide for the same exemptions as afforded for Home Office (territorial) Forces in enabling CNC officers to take an unreduced pension at normal pension age 60. As it stands this would mean that for an estimated 1135 CNC operational (Federated) officers the age at which they could take an unreduced pension would increase from age 60 to State Pensions Age (SPA). This is currently age 65 but will rise in the future to age 67/68 dependent on date of birth Whilst the CNPA accepts and takes the view that, as a matter of law, s10 of the 2013 Act means that it will not be possible, in the absence of changes to primary legislation, for any new pension scheme for CNC officers to provide for a NPA of 60, it is clear that the CNPA s preference, as a matter of policy, would be for CNC officers of Federated ranks to retain a NPA of 60. Furthermore, it is the CNPA s view that it is not advisable from a capability, reputational, risk and public confidence perspective for armed operational officers to carry lethal weapons and continue in an armed role beyond the age of 60. The CNPA believe for these reasons that the lower retirement age afforded to officers undertaking territorial policing activities should be afforded to CNC officers. Dialogue / Consultation 1.31 Formal dialogue began in February 2016 with the Staff Associations and Trade Union in relation to potential changes in future pensions scheme arrangements. Formal consultation commenced on 22 nd June 2016 formally concluded on Monday, 7 th November 2016 with the Staff Associations and Trade Union. To be clear, the consultation was specifically in relation to on-boarding to the Alpha scheme in its current form, that is to say, within the current scheme rules. It is clear from the consultation process that there is agreement between the parties that it is not sustainable for CNC armed officers, with mandated levels of fitness, to maintain the required levels of capability beyond age 60. Certainly not to future State Pension Age (SPA) be it age 67 or 68 dependent on an officer s current age. This presents CNPA with significant operational challenges coupled with major HR management issues. Furthermore, officers will receive a reduced pension if they elect to retire early using 9 P a g e

10 alpha s early retirement option. Therefore, a route to enable CNC officers to take an unreduced pension at age 60 is a critical part of mitigating significant costs and risks that are expected to otherwise result. The CNPA accepts this position and CNPA/CNC have undertaken a formal consultation with the Civil Nuclear Police Federation, Police Superintendents Association of England and Wales and Prospect on the implementation of the Civil Service and Others Pension Scheme, Alpha. This consultation has identified two key policy issues regarding the implementation of Alpha for CNC officers which are: 1. CNPA accepts the position in that in normal circumstances it is not sustainable for a CNC armed officer, from an operational perspective, to be effective beyond age 60 given the mandated fitness standards and it continues to present to Government the case for remaining at a Normal Pension Age (NPA) In terms of 1 above the impact of a future NPA of 67/68 will result in CNC officers not being able to take an unreduced pension if their employment terminates before this. Whereas currently the levels of capability of a CNC armed officer are sustainable to NPA 60 they will not be sustainable to a future NPA 67/68 and point at which a full pension can be taken. This is whether in alpha or another CARE scheme with a detrimental impact on both male and female CNC armed officers in their ability to draw an unreduced pension. Equally, the evidence points to a greater adverse impact for female armed officers in comparison to their male counter-parts. The implementation of Normal Pension Age 60 requires a change to current statutory provisions. All parties recognise that any such route will require a willingness from Government to support progress given the current statutory provisions within the Public Service Pensions Act Decision to Bring CNPA/CNC Employees Within alpha 1.32 Responsible Authority- CNPA have little leverage in terms of the final say in design of the pension scheme or whether to bring CNPA employees within an existing new scheme. This decision primarily rests with the responsible authority, in this case the Minister for the Civil Service (The Prime Minister) Extending an Existing New Scheme to CNPA Employees - Existing new schemes are already in place for persons in public service, such as civil servants (Alpha); Home Department Police Forces (Police Pension Scheme 2015); local government, where there is provision to extend to CNPA employees. These schemes can extend to public servants, such as CNPA employees, who are not defined as persons in public service for the purpose of the statute. It is the Minister for the Civil Service who chooses whether CNPA employees are admitted into alpha which is the default position and it is only where authority is not 10 P a g e

11 given that a bespoke scheme can be created. If this were the case the HM Treasury and BEIS approvals would be required Equally, the statute would permit CNC officers to be admitted into the Police Pensions Scheme 2015 but HM Treasury is opposed to this course of action. In any event it would not resolve the problem that the normal retirement age for CNC officers, unlike in Home Office Forces, would have to be 68, not 60. The Government s preference is for CNPA employees, including officers, to be brought within the scope of the Principle Civil Service and Others Pension Scheme, the alpha scheme, by April In fact both the Minister for the Cabinet Office and BEIS Minister have now formally approved the CNPA s entry into the alpha scheme at 1 April A decision to on board to alpha arrangements at 1 April Critical to this is where employees are brought within an existing new scheme, such as the Principle Civil Service and Others Scheme, alpha, the terms of the scheme will automatically apply. CNPA s Formal Admission to the alpha Scheme CNPA/CNC has been advised by BEIS to on-board to the alpha scheme in order to maintain compliant with legislation and government policy. There was a shrinking window of time to formally apply to on-board to alpha at 1 April 2017 which was the end of November The application to the Cabinet Office s Admissions Manager made it explicit that the application remained subject to BEIS Ministerial approval At 21 December 2016 CNC received formal notification from the Cabinet Office s Admissions Manager that she had, received confirmation from the Minister for Cabinet Office that he was content to approve CNPA/CNC s application to join the Civil Service Pension Arrangements on 1 April Equally, formal confirmation was received from BEIS officials on 10 February 2017 of the BEIS Ministers approval to join alpha at 1 April The new BEIS Minister is yet to take a decision on normal pension age for CNC officers As it stands at 21 February 2017 the current project is clear as to its parameters in on- boarding to alpha with current scheme rules at 1 April 2017 when the UKAEA CPS will close the current final salary scheme for future accruals for affected members. Normal Pension Age in alpha Following the closure of consultation CNC/CNPA wrote to the Minister seeking a determination on future normal pension age for CNC officers and direction in terms of on-boarding to alpha. 11 P a g e

12 1.40 CNPA/CNC, at the request of the previous BEIS Minister, had provided a detailed justification paper to the Minister for retaining a NPA of 60 for CNC officers following representation by both the Staff Associations and CNC/CNPA in early November However, this is a complex policy matter and while the Minister was reviewing the case CNPA/CNC have been advised to on-board to the alpha scheme. Given the recent change in Minister a new submission was made capturing the key points of the detailed justification paper for retaining pension age 60 that was submitted at 6 February The new BEIS Minister is yet to take a decision on normal pension age for CNC officers Recognising the complexities of the pension age issue this work is being run in parallel to ensure that CNPA/CNC has in place the required future pension arrangements at 1 April At the recent Judicial Review (August 2016) statements made by Matthew Purchase, Barrister for the Interested Parties, case number CO/244/2016 Civil Nuclear Police Federation (Claimant) and Civil Nuclear Police Authority (Defendant) and Secretary of State for Energy and Climate Change (Interested Parties) where Mr Purchase made clear that: No final decision has been made regarding the pension scheme that the CNC will join. The Interested Parties (IPs) are approaching this matter with an open mind regarding the arguments on policy. BEIS Ministerial determination is awaited on this complex policy matter. At 21 December 2016 CNC received formal notification from the Cabinet Office that the Minister for the Cabinet Office was content to approve the CNPA s application to the Civil Service Pension Arrangements on 1 April At 10 February 2017 CNC received formal notification from BEIS officials that the new BEIS Minister has approved the CNPA s entry to the alpha scheme. However, the new Minister has not determined to date on CNC officers normal pension age. 12 P a g e

13 Impact of pension reform Human right & equalities impact analysis Operational Requirements of the CNC Total Reward 2.1 The CNPA are currently considering making changes to the CNC s terms and conditions of employment as the current model rewards individuals based on tenure rather than attainment and retention of competencies. The suggested changes are likely to see CNC terms and conditions change to align with those suggested by the Winsor review for Home Office Forces with CNC terms and conditions only deviating from these where strictly necessary for their particular roles using the powers of the Energy Act. 2.2 It is important moving forward that the CNC adopts a pay and reward structure, including pension arrangements, that underpin officers mandated fitness and firearms capabilities to efficiently and effectively deliver on its stated purpose in meeting the terrorist threat. Pension provision forms an important part of the reward package to attract, retain and motivate operational officers within the CNC. 2.3 The options to modernise pay and reward are focused on the national reform of terms and conditions across Home Office Forces based on the Winsor recommendations approved by government. In so doing this will retain the CNC s current alignment with Home Office Forces. 2.4 As well as critical to attracting, retaining, motivating and developing officers a new pay and reward structure will aim to drive valued behaviours of a CNC AFO in the context of: Mandated standards of firearms and fitness A hardening of the role profile to meet the terrorist threat Regular testing of mandated standards Effects of shift working Emphasis on tactics which simulate more military style tactics Physically, wearing body armour and training with respirators Assuring CNC customers and stakeholders that pay reflects performance There are no other roles, unlike a Home Office Force, other than an operational AFO. 2.5 Implementation of the Winsor recommendations are better equipping the police service to meet future challenges. In addition, providing Home Office Forces with the means to attract and retain employees, maintain operational resilience by optimising the deployment of fit and healthy officers and effectively managing officer strength. 13 P a g e

14 2.6 CNC is not part of the Police Pension Scheme but the UKAEA Combined Pension Scheme and is currently aligned in its objective justification for operational officers to retire at age It is important moving forward that CNC adopts a pay and reward structure, including pension arrangements, that underpin officers mandated fitness and firearms capabilities to efficiently and effectively deliver on its stated purpose in meeting the terrorist threat. Pension provision forms an important part of the reward package and it is important that a reward structure recognises that these mandated capabilities are unlikely to be sustainable to the requisite levels of performance beyond age 60. To do otherwise will potentially impact on the CNC s reward strategy, Our approach to total reward is critical to the attraction, motivation and engagement of our people. By offering the most appropriate employment deal, we aim to attract people of the highest calibre to work with us to deliver our Vision. Our approach will align what we value as an organisation to what truly engages our people. 2.8 The CNPA/CNC pay and reward structure needs to assure clients, the public and government that the CNC is able to efficiently and effectively deliver on its stated purpose. Equally, it has an overriding duty of care to ensure that it does not place or expose its employees to unnecessary risks through a reward structure that inevitably forces a position of operational officers feeling they have to deploy when they are struggling to maintain the physical and firearms/tactical capabilities. 2.9 The CNPA/CNC need to act responsibly and proportionately to mitigate the above risk and manage the resulting damage that may arise through officers being deployed where they are struggling to meet the requisite capabilities and may put at risk not only themselves, their team and CNC but national security. The CNPA/CNC must manage the risks that may inhibit its ability to deliver on its primary activity in protecting against a changing terrorist threat within a civil nuclear environment. In essence, it must mitigate the increasing and high risk of operational armed officers not being able to achieve the core and mandated capabilities post age 60. The continuing alignment of the CNC to the Home Office Forces for the purposes of objective justification in being able to retain a pension age 60 demonstrates a proportionate means of achieving a legitimate aim regarding pension age retirement The alpha scheme which the CNPA/CNC s application to join has now been approved by both the Cabinet Office Minister and BEIS Minister covers in the main a civil service population where the majority of its membership are able to continue in employment which is sustainable beyond age 60 to SPA and take an unreduced pension. The CNPA/CNC population has a distinctly different characteristic and risk profile where front line armed operational officers are required to meet mandated capability requirements, critically nationally prescribed levels of fitness, that are extremely unlikely to be sustainable to a SPA rising to age 68. The impact of this is, therefore, in the ability of CNC officers to take an unreduced pension. 14 P a g e

15 Comparison with Home Department Police Forces 2.11 CNC has not been afforded the same exemptions as Home Office Forces to enable its armed officers to take an unreduced pension at age 60, albeit it continues to retain an objective justification for operational officers to retire at age 60 given the associated risks Under the PSPA 2013, Home Department Police Forces (HDPFs) are covered by the exemption at Section 10 but CNC officers are not. This means that HDPFs will continue to have a normal retirement age of 60 while the retirement age of CNC officers will increase to 65 (and potentially to a default retirement age of 68 if aligned to state retirement age) Although there are key differences between CNC and HDPF roles and ways of working, a comparison between the two suggests a significant deal of parity in terms of the physical and mental requirements. CNC officers are currently aligned to HDPFs in terms of pension age 60 based on the demands and requirements of the job (and have been since 2006). If anything the changing profile of the CNC since then only strengthens this alignment justification The CNC s primary function is the protection of civil licensed nuclear sites not used wholly or mainly for defence purposes and the safeguarding of civil nuclear material in the UK and elsewhere. The CNC s strategic intent is to be a firearms capability force and all CNC operational officers recruited are expressly contracted to be Authorised Firearms Officers. Unlike Home Office/Scottish police forces where armed officers are within a specialist unit with the ability to revert back to non-armed roles at different points in their careers, there are no additional roles for CNC armed officers to move to when mandated fitness or firearms standards begin to decline The role of an armed officer in the CNC at a minimum is that of an Authorised Firearms Officer (AFO) operating to nationally recognised fitness and firearms standards which underpin its firearms licensing requirements and ability to be interoperable with its counter-parts in HDPFs. Equally, there are armed roles in CNC requiring greater levels of capability, including those involved with escort and recovery capability Given the analogous nature of the armed roles with both the CNC and HDFPs it would seem logical that if it is assessed that HDPFs working in these roles should not work past age 60, then it would be equally logical that CNC officers should not. Indeed, given the fact that for the CNC there are no other roles into which officers can move when they can no longer meet the required fitness and firearms standards (whereas HDPFs can move into other non-armed roles) the argument becomes more acute. 15 P a g e

16 Traits in common Different for HDPFs Different for CNC officers -Armed roles -Can move to non-armed roles when fitness/firearms -No non-armed roles available to move to -Work shift patterns standards decline -Wear body armour -Powers as Constables in the jurisdiction in which they operate -Work/train with respirators specialist team - Work in a domestic environment responding to an incident. - Work /train with respirators in a nuclear environment -Work in an industrial setting with more complex scenarios and the potential of multiple well-armed attackers. -Work to bespoke firearms tactics for Recovery / SEG Operational Requirements of the CNC Fitness 2.17 In January 2010 the Police Advisory Board of England and Wales (PABEW) agreed national job related fitness standards (JRFT) for specialist posts undertaken by police officers. These standards are assessed by a 15 metre multi stage fitness test (MSFT) known as the bleep test Later in 2010, the CNC commissioned Professor John Brewer (Currently Head of the School of Sport, Health and Applied Science, St Mary s University, who developed the JRFT) to conduct identical research and validation to determine the appropriate level of fitness for Authorised Firearms Officers in the CNC based on role profiles in The minimum fitness standard for all AFOs was determined at 7.2 on the MSFT and for firearms roles such as Intervention Recovery and Marine/Road Escorts 8.9. These mandated fitness standards were introduced in Since 2010 the firearms roles in the CNC have developed. A recent review, at the end of 2013, by the College of Policing in the context of the CNC firearms license directed that the CNC comply with Home Office Police Force national standard for the AFO role at 7.6 on the MSFT. This is on the basis that the CNC AFO role profile has now developed to mirror that nationally and is at a minimum a Home Office AFO at 7.6. As at 1 October 2016 all CNC armed officers are formally tested against the national standard for an armed officer which is a requirement of the CNC s firearms license and its duty of care to ensure that all armed officers are operating within a safe system of work. Table 1: HDPF/CNC Fitness Standards HDPF role Fitness Standards Most analogous CNC role Fitness Standard HDPF ARO 7.6 CNC AFO (includes patrolling in vehicle APV) HDPF DIAFO 10.5 CNC Recovery / SEG (Strategic Escort Group) 7.6 Min P a g e

17 2.20 Part of the argument for exempting HDPFs from Section 10 of the Act was around the ability for officers to maintain the required fitness standards with increasing age. Given the parity between the fitness requirements for CNC roles coupled with the fact CNC officers have no other roles to move into once fitness standards falls it does not seem logical for HDPFs to be exempt from an increased retirement age on this basis but for CNC officers not to be The CNPA s justification for seeking to retain age 60 for its operational firearms officers Compulsory Retirement Age (CRA) under the new pension arrangements draws on the same underpinning rational for maintaining the right as that in 2006 in aligning to Home Office Forces. In essence to maintain the parity that currently exists. Impact of Moving Retirement to State Pension Age on Health and Well-being 2.22 A key argument against increasing the retirement age of CNC officers is the argument that certain types of medical conditions are directly linked to age and that therefore a higher retirement age could both put individual officers at greater risk by affecting their health and wellbeing, and affect the force s operational resilience and ability to efficiently and effectively deliver on its stated purpose in meeting the terrorist threat When ACPO was asked for its view on future police retirement ages, it included force medical advisers (FMAs) in its consultation. The response from FMAs indicated that there is well documented evidence that certain types of medical condition are directly linked to age, including arthritis, cardiac and circulatory conditions and diabetes. The increased risk of injury was also cited as a concern particularly given the unpredictable nature of policing and the fact that injuries sustained earlier become more troublesome later in life and could reduce the ability to respond operationally in emergencies FMAs also referred to the effect of a potentially aging workforce on the health and welfare of younger officers who may be increasingly required to cover some of the more confrontational roles Given that the above arguments were used as part of the objective justification for a lower retirement age for HDPFs, it would seem logical that the same arguments would also apply to CNC officers. Disease prevalence in the general population over age Assumptions can be drawn from examining empirical evidence relating to disease prevalence in the general population The National General Practitioners Medical Framework (NGPMF) provides empirical evidence in terms of disease prevalence in the general UK population and can be used to inform assumptions as to the most common diseases likely to affect Officers from the CNC The CNC Force Medical Officer advises that data from the NGPMF suggests that chronic disease prevalence rises with age and thus that the increase in pension 17 P a g e

18 age will have a significant impact on the prevalence of chronic diseases in AFOs within the CNC. Disease Male 59 Male 69 Female 59 Female 69 Asthma Cancer Coronary Heart Disease Chronic Kidney disease Chronic Obstructive Pulmonary Disease Dementia Diabetes Hypertension Stroke Table 2: NGPMF Chronic disease prevalence by age Significantly it identifies key conditions that would either restrict or prevent the physical capability required to undertake the type of exercise required to sustain the minimum level of fitness required of a CNC Authorised Firearms Officer Although only based on inference (as we do not have data to support this given the age profile of the current CNC workforce), based on the chronic disease prevalence data for the general population, it is likely that some AFOs working past 60 up to 68 are likely to have higher sickness absence rates and an impaired capability to do the role with consequent rises in ill health retirement cases and dismissals on the grounds of capability The change in retirement age is thus likely to have a significant impact on management and exit costs for the CNC Work as a CNC Authorised Firearms officer is physical and due to the nature of the role musculoskeletal ill health also has a dramatic impact on capability to carry out their function. Major prosthetic joint replacement on joints which are load bearing (e.g. hips and knees) are incompatible with the role due to the very high likelihood of prosthesis failure A gain using data for prevalence in the general population by age, we can see that joint replacement requirements also increase significantly with age and, if CNC 1 % Prevalence presented as: No cases at date of extraction/ population at date of extraction 2 Full data on financial implications included at p27/ P a g e

19 officers continue to perform AFO roles past 60, it is likely that a rise in these issues will occur. Table 3: Joint Replacement Hip / Knee 3 Hip Knee Women Men Women Men Age Group(yrs) Number Rate Number Rate Number Rate Number Rate Total Projected disease prevalence in CNC officers over age The CNC has analysed the incidence and nature of medical conditions within its internal authorised firearms officer population to provide insight into the nature of medical conditions leading to long-terms sickness, permanent restrictions and illhealth retirements. It has compared this data set with that of the general population with a view to projecting a CNC authorised firearms officer s ability to perform the role to the required core mandated standards beyond age The potential age related absences for CNC Authorised Firearms Officers and medical reasons are as follows: Table 4: CNC Age Related Absence and Medical Reasons Most prevalent conditions Mid Age Average Absence Stress/depression/psychological 56 8 months 3 Number and rate (per person years) of primary procedures for total hip and total knee replacement in the general practice research database, by age group and gender, P a g e

20 Back 50 8 months Musculoskeletal months Significant others: Chest / Respiratory Heart/cardiac/circulatory Ears Nose Throat Eye Gastro-intestinal 2.36 The Seventeenth edition of the Chartered Institute of Personnel Management s (CIPD) Absence Management Survey (2016) details the common causes of long-term absence are acute medical conditions (heart attacks/cancer), stress, mental ill-health and musculoskeletal injuries. Stress, Musculoskeletal injuries and mental health are the most common causes of short term absence following minor illness (colds, flu, stomach upsets) This CIPD survey for the general population generally mirrors both the CNC internal data for causes of absence related to illness as well as that from the general practitioners medical framework Of note in the CIPD survey is the increasing incidence of reported mental health problems, such as anxiety and depression, over the last year. Within the last 12 months a number of ill health retirements of CNC officers have been due to mental health conditions The empirical data for fitness and health and the deterioration in both related to age related medical conditions for the general population can be used to inform modelling assumptions for CNC officers ability to perform to the minimum standards required of an Authorised Firearms Officer beyond age The data suggests that it would be the exception rather than the rule for CNC Authorised Firearms Officers to be able to perform at the required level of fitness beyond age 60 for the rational provided above. In fact to achieve the VO2 max of 41 (and therefore pass the bleep test and achieve CNC fitness requirements) beyond 60 may exclude the majority of females with a consequence of disadvantaging females The modelling assumptions, therefore, factor a year on year loss of 90% of officers over age 60 either on grounds of capability or ill health retirement with associated management costs. It is the significance of the costs of managing the projected high percentage of capability/ill-health cases combined with associated overtime costs which off-set the argument for extending employment beyond age Age above 50 = knee, hip and leg 20 P a g e

21 Maintaining fitness standards over age The CNC aligns to the same testing methodology as Home Office Forces to determine levels of fitness for specialist posts. The critical aspect of the testing is that it is able to predict the aerobic capacity (VO2max) required to perform the specialist role of an AFO. For example all CNC AFOs to perform a base level role will require an estimated VO2max of 41 which is replicated at 7.6 on the MSFT bleep Test The 15m MSFT involves running between two lines 15 metres apart at a speed indicated by audio beeps. The starting pace is 8 km/h and the pace increases by 0.5 km/h every 45 seconds. Participants must jog/run towards the line, decelerate and pivot turn at either end to change direction. Following scientific investigation to identify the aerobic capacity required to safely perform the role, the following standards have been set: Table 5. Fitness Standards for CNC AFO roles. Response Officer SEG/Recov Officer Estimated VO2max required Bleep test standard required Total no. of shuttles required to standard Total distance covered to standard 825m 1020m Approximate pace at standard 11 km/h (~6.8mph) 11.5 km/h (~7.1mph) Total time to reach standard 5min 29 sec 6min 32 sec 2.44 The role of a CNC officer is very specific in nature, highly specialist and unique in terms of protecting against a changing terrorist threat within a civil nuclear environment. Where the prime activity is to defend against a terrorist attack, prevent nuclear theft and recover nuclear material with the potential aim to take life, the CNPA/CNC must minimise any risk of this standard not being achieved The body of empirical evidence that is available on fitness data for individuals over age 60 shows that for males to achieve a predicted VO2 of 41 they would be in the excellent category and for females elite. The data indicates it would only be very few individuals over the age of 60 who would be capable of attaining the minimum CNC fitness standard. They would be the exception rather than the rule and more prone to injury / illness associated with increasing age taking longer to recover The empirical data shows the additional effort required by females in relation to their male comparators to sustain the same level of fitness to age 60 is likely not to be sustainable post age 60. This runs the risk of an equality challenge on the 21 P a g e

22 grounds of applying a provision, criteria and practise that disadvantages female officers The empirical data also shows that post age 60 the physical capability to undertake the type of exercise that is required to sustain the required minimum level of fitness, and to offset the natural decline in fitness with age is greatly reduced, regardless of the motivation of the individual. The factors that influence this ability include physical problems such as joint pain, reduced mobility, decreased muscle strength, and reduced lung capacity reducing the individual s capacity to exercise and maintain the required level of fitness The fitness data suggests that the rate of decline in aerobic capacity can accelerate when over age 60, since other physical limitations such as loss of muscle mass (sarcopenia) and arthritis all make it harder for an individual to undertake the quality and quantity of exercise needed to sustain their physical capability. It could be argued that sarcopenia, the medical term used for known decline in muscle mass/strength with age generally accepted as being about 5% per decade, will potentially place older officers at risk if activities requiring physical strength are required. Females in comparison to their male counter-parts have a naturally lower muscle mass which will highlight their lack of strength in looking to sustain physical requirements of a CNC armed officer required to work beyond the current retirement age of P a g e

23 Impact of Linking Normal Pensions Age to State Pension Age Human right & equalities impact analysis General 3.1 A Mission Statement Event (MSE) is any event that requires the CNC to defend and protect those sites to which it is deployed, with a view to denying unauthorised access to nuclear material and, if necessary, recovery of control of any nuclear material which may have been lost to any unauthorised persons. A MSE is likely to involve deadly and determined well-armed, well trained attackers as identified by the Nuclear Industry Malicious Capability Assumptions (NIMCA). 3.2 The Strategic Commander s Spontaneous (Gold) Strategy is applied in the event of a security emergency which is pre-determined in light of the dynamic and unpredictable nature of the terrorist threat together with the rapidly collapsing timeframe within which CNC armed officers have to respond. 3.3 CNC tactical doctrine states that the security force (CNC) must strive to maintain visual contact with the intruders in order to neutralise the threat before unauthorised access is gained to designated stores / equipment / single points of failure. 3.4 During a MSE officers will move to designated positions as directed depending on the nature and proximity of the threat. Officers deployed directly to the threat area must: Locate the intruders and the threat they pose to nuclear material Confront the intruders and the threat they pose to nuclear material 3.5 CNC armed officers will confront the intruder, striving to gain tactical advantage in any confrontation. Every conceivable effort will be made by an armed officer to prevent an intruder gaining access to the Vital Areas given the potential consequences. If access if gained CNC armed officers will take whatever action is deemed necessary in the circumstances to neutralise the threat, prevent sabotage and recover control of nuclear material. 3.6 The likely probability based on the empirical evidence in Section 2 is that the CNC would be unlikely to meet its operational requirement through the deployment of armed officers post age The CNPA/CNC pay and reward structure needs to assure clients, the public and government that the CNC is able to efficiently and effectively deliver on its stated purpose. Equally, it has an overriding duty of care to ensure that it does not place or expose its employees to unnecessary risks through a reward structure that inevitably forces a position of operational officers feeling they have to deploy when they are struggling to maintain the physical and firearms/tactical capabilities. 23 P a g e