Meeting of the Parliament 10 September 2024
As has been said, the bill comes before us as a result of the Angiolini review. The Criminal Justice Committee heard evidence from a number of witnesses who had complained about their treatment by the police. As the convener said, we also heard evidence from a former police officer who had had a complaint made against him.
I think all members of the committee would agree that some of the evidence that we heard was harrowing and shocking and raised serious issues about policing in Scotland. As Maggie Chapman said in her opening contribution, power has sometimes been abused. It is far from clear to me that the contents of the bill that we are discussing today, if enacted, would have made any difference to the experience of those witnesses. Police Scotland itself has accepted that it has been institutionally racist and discriminatory.
The testimony by many women police officers about the sexist and misogynist treatment that they have experienced in the police force is unacceptable. As Rona Mackay said, cultural change is essential. The appointment of the first woman chief constable is very welcome and we hope that that will be part of the acceleration of that cultural change.
Ben Macpherson and my colleague Martin Whitfield spoke about the code of ethics, which Mr Whitfield has said should be reviewed. I believe that, as we look at the bill before us, we should consider whether the changes in it will make a real difference.
The barred list included in the bill is very welcome. It is unclear whether legislation is necessary to enable that to happen, but the Sarah Everard case is probably the most high-profile recent UK case to demonstrate why a barred list, along with continuous and robust scrutiny of the suitability of police officers for their role, is required. I welcome the fact that additional resources have already been put into that work.
Claire Baker spoke about the Sheku Bayoh inquiry and Jackie Dunbar spoke about her experience of the policing committee. We must also look carefully at the wider structures for police accountability. The cabinet secretary is correct in stating very clearly that trust in the police force is of paramount importance. The ethics, conduct and governance of the police require an appropriate framework and any legislation that we pass must drive greater public confidence.
The duty of candour already exists. It is unclear whether a higher standard of behaviour is required, should the legislation be enacted. For example, the duty of candour that exists in the health service is wide ranging. As Pauline McNeill said, we should clarify what the duty of candour will mean in a police setting. On that, and on many other technical aspects of the legislation, it is Scottish Labour’s view that the detail should be written into the bill. We look forward to seeing the cabinet secretary’s amendments regarding the duty of candour for operational staff and hope that there will be clarity about the implications that that will have for individuals. We also hope that she will address the concerns raised about that duty by the police civilian trade union, Unison.
Many of the issues that were raised in the committee relate to the individual employment rights of police officers, and their rights must be respected. However, the overriding concern of the bill must be to ensure greater transparency and a more speedy and just resolution of complaints that are made by the public and, indeed, by other police officers.
Alexander Stewart said that improved standards were essential. The PIRC has indicated that it does not wish to have some of the powers that are being suggested should be transferred to it under the bill. I agree with Jamie Greene that that is concerning, and I hope that the cabinet secretary will specifically address that and give an explanation for it.
Scottish Labour has made clear our concerns about the financial memorandum. As Pauline McNeill said, we will support the bill today in good faith, on the basis that those concerns will be addressed at a later stage of the bill. We will support the bill today, even though we are not convinced that it will make the significant cultural shift that is essential if we are to address some of the significant concerns raised by witnesses who gave evidence to the committee. I therefore believe that much more needs to be done, some of which might not require legislation, to ensure that we deal adequately with complaints about the police, drive the cultural change that is clearly essential and ensure that the people of Scotland can have the highest trust and public confidence in their police force.
16:26