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Smith 'wrong' on police pay cut Smith 'wrong' on police pay cut
(about 1 hour later)
Home Secretary Jacqui Smith was wrong to "shave off" three months' worth of the police pay rise to comply with a "Treasury dictat", lawyers have argued. Home Secretary Jacqui Smith erred in law when she "shaved off" three months' worth of a police pay rise, Police Federation lawyers have argued.
Police Federation QC Gavin Millar at the High Court challenged the government's decision not to back-date their 2.5% pay rise to September. The organisation is applying for judicial review of her decision not to back-date a 2.5% pay rise to September.
The "morale-hitting" move sparked fury and a huge protest march among police in England, Wales and Northern Ireland. Gavin Millar QC told the High Court Ms Smith had "a closed mind" on the issue and her decision could not stand.
The government said staging the increase was essential for the economy. Ministers argue staging the rise in England, Wales and Northern Ireland was essential for the economy.
Pay packet hole But Mr Millar said the move would cause officers to lose an average of £200 from the start of the police pay year in September.
Mr Millar said the move would cause officers to lose an average of £200 from the start of the police pay year in September.
Far more important was "the impact on the morale and confidence of the police over the statutory procedures for determining their pay", he told judges Lord Justice Keene and Mr Justice Treacy.Far more important was "the impact on the morale and confidence of the police over the statutory procedures for determining their pay", he told judges Lord Justice Keene and Mr Justice Treacy.
He said the Home Secretary approached the question of police pay "with a closed mind".
And she failed to recognise the "special and unique position" of the police and the restrictions on their freedom of action, including the right to strike for better pay.
The police say that a 2.5% pay rise was agreed, but that not back-dating it to the beginning of the police's financial year in September makes it worth just 1.9% annually.
Economy argumentEconomy argument
He said the Home Secretary failed to recognise the "special and unique position" of the police and the restrictions on their freedom of action, including the right to strike for better pay.
The police say that a 2.5% pay rise was agreed, but that not back-dating it to the beginning of the police's financial year in September makes it worth just 1.9% annually.
Ministers, however, say staggering that increase is needed for economic stability, and that since 1997 constables have had an overall rise of 10% above inflation.Ministers, however, say staggering that increase is needed for economic stability, and that since 1997 constables have had an overall rise of 10% above inflation.
Both Ms Smith and Prime Minister Gordon Brown have argued the award is appropriate and is in line with inflation targets - in particular, it is within the government's 2% public sector pay limit.Both Ms Smith and Prime Minister Gordon Brown have argued the award is appropriate and is in line with inflation targets - in particular, it is within the government's 2% public sector pay limit.
Home office lawyers argue Ms Smith did not have a closed mind in looking at the issue, the government repeatedly made its position clear and acted within its powers.Home office lawyers argue Ms Smith did not have a closed mind in looking at the issue, the government repeatedly made its position clear and acted within its powers.
The situation is in contrast to that in Scotland, where officers have received the back-dated pay rise in full.The situation is in contrast to that in Scotland, where officers have received the back-dated pay rise in full.
Thousands of police officers from across the country organised a protest march in London in January over the issue.Thousands of police officers from across the country organised a protest march in London in January over the issue.
The hearing is expected to last two days.The hearing is expected to last two days.