13. End Rule 12?
Resolution submitted by the RCN Islington Branch
That this meeting of RCN Congress votes to put in motion the process to abolish Rule 12
Report on this debate
An attempt to abolish Rule 12 of the RCN Rules failed today after a procedural item in the final ten minutes of the debate successfully changed the wording of the original resolution.
The resolution, which was submitted by the RCN Islington branch, wanted to ‘put in motion the process to abolish Rule 12’ on the grounds that for ordinary members it was ‘ambiguous and difficult to understand’.
The proposer, Cecilia Anim, and seconder, John Black from Bexley, said that the rule was ‘too fussy and too time-consuming.’
The last minute procedural item, submitted by May Mcreaddie of the Greater Glasgow branch, changed the course of the debate by calling for the word ‘abolish’ in the resolution to be changed to ‘amend’.
The procedural item was passed, with 79.35% of the hall voting in favour of the amendment.
While there was criticism of Rule 12, several delegates spoke passionately in its defence. Paul Phillips from Clyde South argued that while the rule ‘needed work’, the RCN had to have processes in place. But, he added, Rule 12 must be more reactive ‘so we can take appropriate steps to protect our members and patients.’
Sheila Maye from Doncaster agreed. 'The current wording of Rule 12 reassures me that sensible people will take sensible decisions to protect the dignity of patients. The usage of this weapon has been sensible. I believe it should be left alone.'
The final speaker in the debate was June Clark of the Information in Nursing (IN) Group who said that the rule was necessary to protect the reputation and standing of the profession in the eyes of its patients.
‘We lose the support of the general public at our peril’, said June.
Amended resolution:
That this meeting of RCN Congress votes to put in motion the process to amend Rule 12
| For | 401 | 95.25% |
|---|---|---|
| Against | 20 |
4.75% |
| Abstain | 6 |
| For | 119 |
83.8% |
|---|---|---|
| Against | 23 |
16.2% |
Background
Rule 12 outlines on what basis RCN Council might authorise industrial action on behalf of its members. It is often incorrectly summarised by both members and commentators as ‘the RCN’s no-strike clause’. However, strike action may indeed be authorised under Rule 12 if Council is satisfied that appropriate arrangements are in place to protect patients.
Rule 12 outlines the principles of the RCN, in relation to the care of patients and clients, confirms the process for how any industrial action may be authorised, and identifies the governance arrangements required to alter or amend the Rule (RCN, 1995):
‘It is a fundamental principle of the College that its members shall not act in any way which is detrimental to the well being or interests of their patients or clients. Without prejudice to this fundamental principle, the Council is empowered to authorise action by members of the College in furtherance of an industrial dispute and to make regulations governing the procedure to be followed. This rule may not be altered, amended, added to or repealed other than by resolution of the College in general meeting passed by no less than two-thirds majority of the members present or voting by proxy’.
Until now, RCN Council has not authorised industrial action under Rule 12. Since 1995, however, on a number of occasions the Industrial Action Sub-Committee has made a recommendation to Council to approve industrial action; on each occasion the dispute has subsequently been resolved without any need for this authorisation.
Discussion around Rule 12 often relates to what action (excluding ‘strike’) could be taken by nurses that would not be detrimental to the wellbeing or interests of patients or clients; in other words, what nurses ‘cannot do’ as opposed to what they ‘can do’.
The Nursing and Midwifery Council (NMC) does not state that a nurse cannot undertake industrial action (including ‘strike’). If a nurse were to undertake industrial action, and was then reported to the NMC’s Fitness to practise department, then the NMC would review each case on its merits and come to a view as to whether fitness to practise was impaired.
During the NHS pay dispute in 2007, RCN members employed in England took part in an ‘indicative’ ballot on industrial action: 128,000 members were balloted of whom 18 per cent responded, with 95 per cent of those in favour of being balloted on industrial action.
References and further reading
Royal College of Nursing (1995) RCN royal charter, byelaws, rules and regulations, London: RCN. Available from www.rcn.org.uk/aboutus
Royal College of Nursing (2007) Industrial action: guide for RCN members, London: RCN.
Available from: www.rcn.org.uk/publications
Royal College of Nursing (2008) RCN rules, London: RCN. Available from: www.rcn.org.uk/aboutus/gov/corporate_group_structure/rules (Accessed 30 January 2008) (Internet).