Committee
Justice Sub-Committee on Policing 18 January 2021
18 Jan 2021 · S5 · Justice Sub-Committee on Policing
Item of business
Remotely Piloted Aircraft Systems and Body-worn Video Cameras
Barry Sillers
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On the more general point about the eminently good practice of local engagement, I refer to the SPA’s written submission. At the start of her questions Shona Robison mentioned a way forward; on the last page of our submission we have tried to outline a better and more comprehensive way of dealing with emerging new technologies. In collaboration with Police Scotland and other partners, the SPA is trying to develop a more protocolised and flexible but firm framework, within which we, as a policing system, can assess emerging new technologies. On that last page, we have detailed the value within that framework of “Full internal and external stakeholder engagement”, by which we imply local communities and authorities. I note with interest that two local authorities took the time to make submissions today. Such submissions will be part of the overall suite of opinion, evidence and research for a wide-ranging perspective that allows us—as ACC Williams said—to judge the balance between ECHR article 2 provisions on protection and safety of citizens and article 8 provisions on the right to privacy. There has been an interesting submission to the sub-committee from the Scottish Institute for Policing Research. Even on the technologies that we are talking about today, there is no coherent view in academia, so we would like to take that forward into more general consideration. The public submissions for today’s session are not coherent and show the broad range of views. The SPA needs to encourage Police Scotland to take the widest possible range of views in justifying its decisions. As ACC Williams said, a human rights approach is a very good framework within which to do that. Although it is not bespoke to that issue, the excellent submission from the Scottish Human Rights Commission is a very good piece of writing that shows how we can strike the balance between articles 2 and 8, while also bringing into play things such as proportionality and being able to justify our decisions, by making them explainable to the public and ensuring that they are for legitimate and legal purposes. Shona Robison’s initial question was about what we need to do going forward. We need to learn the lessons. Certainly, the SPA’s initial approach would be collection of wider evidence and views to help us and Police Scotland to make judgment calls on use of new technologies.
In the same item of business
The Convener
Green
Our main item of business is an evidence session on Police Scotland’s use of remotely piloted aircraft systems, which are more commonly known as drones, and ...
Assistant Chief Constable Mark Williams (Police Scotland)
I am happy to do so. You mentioned the two specific assessments that took place on receipt of the drones; they have been reviewed and updated annually since ...
The Convener
Green
Can you comment on that, Mr Sillers?
Barry Sillers (Scottish Police Authority)
Certainly. I confirm that when the SPA’s strategy, policy and performance committee considered use of RPAS at its meeting in May 2019, we were given sight of...
The Convener
Green
I note that Mark Williams said that assessments “were in place prior to operational deployment”, but were all the assessments of drones and BWV undertaken be...
Assistant Chief Constable Williams
The assessments were, for a number of important reasons, carried out concurrently and on receipt of the final product. First, we did not feel that the detail...
The Convener
Green
Surely you assess the capability of product A, B or C for its intended use before you acquire it—at considerable expense to the public purse—rather than afte...
Assistant Chief Constable Williams
I reassure you again that an EQHRIA and a DPIA are in place, and were in place prior to operational use of the technologies. The technology and supply of dr...
The Convener
Green
I am not sure that I am reassured. My colleagues have a number of questions.
Shona Robison (Dundee City East) (SNP)
SNP
Good morning. What level of stakeholder engagement was there in drawing up the assessments? Were any significant concerns raised prior to acquisition of dron...
Assistant Chief Constable Williams
We carried out a significant period of research in the three or four years prior to procurement of drones. That was in order to understand and benchmark dron...
Shona Robison
SNP
Were any significant concerns raised by any of the stakeholders whom you consulted?
Assistant Chief Constable Williams
A number of concerns were raised in relation to, for example, article 8 of the European convention on human rights, on the right to privacy. We were careful ...
Shona Robison
SNP
Thank you for that. Looking ahead, what further assessments will need to be made as such technologies develop and their use increases? Do you envisage early ...
Assistant Chief Constable Williams
Absolutely. The force absolutely recognises that new and emerging technologies, of which drones are one, represent a developmental area that requires clear g...
Shona Robison
SNP
I invite Matthew Richards to respond.
Chief Superintendent Matthew Richards (Police Scotland)
The ACC has articulated the stakeholder assessment with regard to RPAS. From my perspective, it is important to note that the force does not have a national ...
Shona Robison
SNP
Thank you; that was most helpful.
Barry Sillers
On the more general point about the eminently good practice of local engagement, I refer to the SPA’s written submission. At the start of her questions Shona...
Shona Robison
SNP
You anticipated my final question, which was going to be on the SPA’s recommendation for an evaluation of the use of body-worn cameras. You have said that ex...
Barry Sillers
Certainly. The quality of the evaluation increases the more different people you engage with—for instance, the Scottish Institute for Policing Research submi...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
I would like to ask generally about the new technologies that are being bought and will be implemented. There are many claims made about the benefits of thos...
Assistant Chief Constable Williams
I will say a couple of things; I will mention body-worn video here as well, because practical examples can be given of how to evaluate and measure the effect...
Rona Mackay
SNP
Thank you. As no one else wants to come in with an opinion on that, my questions are finished, convener.
The Convener
Green
Thank you. Our next series of questions is from Fulton MacGregor.
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
Good morning. Witnesses will be aware that the sub-committee was recently—Inaudible.—that Police Scotland had a sound legal basis for the use of cyber kiosks...
Assistant Chief Constable Williams
I think that I picked up all that, although the sound broke slightly. I am happy to cover the codes of practice and the legislation that underpins drones. Th...
Fulton MacGregor
SNP
Thank you for that comprehensive answer. Do the other witnesses want to add anything to that?
Chief Superintendent Richards
I will come in now with regard to body-worn video, if that is in order. Along the lines of the points that the ACC raised, articles 2, 6 and 8 of the ECHR wi...
Barry Sillers
Part of the revised evaluation of remotely piloted aircraft systems that the authorities asked for in March included the Civil Aviation Authority audit that ...