Meeting of the Parliament 10 September 2024
Very clear responsibilities are laid on the chief constable via the 2020 legislation in that the primary focus for holding the chief constable to account is the Scottish Police Authority.
As for the potential consequences of either the code of ethics or the duty of candour, it is important to recognise that the professional standards and behaviours expected of police constables are set out in regulations. Although it is important that some matters are not conflated, there can be an overlap.
In its stage 1 report, the committee made a number of key recommendations on strengthening the framework on vetting. My officials have engaged extensively with policing partners, with a focus on how those recommendations can be delivered in practice. I am happy to confirm that I am considering in detail how best to implement the recommendations of His Majesty’s Inspectorate of Constabulary in Scotland ahead of stage 2.
The bill also proposes changes relating to the handling of police misconduct cases. Dame Elish’s review recommended the transfer of certain functions from the SPA to the PIRC
“to enhance independent scrutiny”
and
“remove any perception of familiarity”
between those subject to allegations and the person considering the matter.
The bill amends the Police and Fire Reform (Scotland) Act 2012 act to enable the expansion of the role of the PIRC in senior officer misconduct cases, through measures to be established in secondary legislation. Currently, where there is an allegation of misconduct and the subject officer resigns or retires, any live proceedings come to a halt. The committee heard that that creates a perception that officers who are guilty of serious wrongdoing can escape scrutiny and consequences.
The committee also heard from officers who were frustrated that they could not clear their name. There is therefore a strong public interest in dealing with allegations of gross misconduct after officers leave the service. The bill delivers on that by ensuring that disciplinary procedures can apply to former constables in the most serious cases.
I agree with the committee that investigations into former officers should be completed as timeously as possible. I am very much aware that any delay prolongs the impact on victims and on officers, and I commit to exploring with policing partners ways to mitigate such delay.
The bill provides for the police advisory list and the police barred list, which will help in capturing and sharing information about former police constables who have, or who are suspected of having, engaged in serious misconduct. That will support police vetting across the United Kingdom.
There is also provision to remove the requirement for the SPA to determine senior officer misconduct cases, which will pave the way for an independent panel to determine them. That will address any concerns about perceived proximity between the authority and senior officers and will strengthen the independence of proceedings.
The primary purpose of the PIRC is to increase public confidence in policing through independent scrutiny of Police Scotland’s actions. As Dame Elish said, the organisation’s higher purpose is to be a body that people can go to when they are dissatisfied or do not have trust and confidence in the police. The bill adds a suite of new powers for the PIRC that will strengthen independent investigation and oversight of the police complaints system. It extends the ability of the PIRC to investigate offences where it is suspected that the offence was committed by a person who was or is serving with the police, regardless of whether they were on or off duty at the time. That will avoid the police investigating someone when there could be concerns that the investigator has a connection with them.
The bill puts beyond doubt the PIRC’s power to review complaints made by persons serving with the police. Police officers and staff who experience poor service will have the ability to request a complaint-handling review by the PIRC, or to request that the PIRC call in their complaint. That gives police officers and staff an external body to go to if they are dissatisfied with the way in which their complaint was handled.
The PIRC already has the ability to make recommendations to Police Scotland regarding the handling of individual complaints, but the bill will put that into statute, alongside requirements for the SPA or the chief constable to respond to the recommendations made. The bill provides the PIRC with a power to decide to take over consideration of complaints. That will strengthen the role of the PIRC, enabling faster resolution and greater scrutiny of Police Scotland and the SPA’s complaint handling. In turn, that will provide reassurance that there is an independent oversight body if the complaint in question has not been properly considered.
I very much welcome the committee’s recommendation that the bill should be amended to provide for an expectation that the PIRC will publish the responses of Police Scotland and the SPA to PIRC recommendations, unless there are operational reasons not to do so. I can confirm that I will lodge a stage 2 amendment to address that.
The bill gives the PIRC the duty to audit the handling of whistleblowing complaints to improve how public interest matters of that sort are investigated. That will encourage people to speak up when they see wrongdoing, and it provides an opportunity for Police Scotland and the SPA to learn and to address the issues raised. The bill also gives the PIRC new functions for investigating serious incidents or criminal offences in Scotland that involve constables from forces outside Scotland. That will help provide a basis for discussions to put in place reciprocal powers for other UK jurisdictions.
In order to support Police Scotland to improve, the bill will provide the PIRC with a specific new power to review a policy or practice of the SPA or Police Scotland. That new power could be used when the PIRC becomes aware of a trend, theme or practice emerging in the discharge of its other statutory functions. The bill also enables regulations to be made to allow the PIRC direct access to Police Scotland’s complaints database independently and remotely, with the intention of improving transparency and public confidence in the system.
The bill introduces a statutory advisory board for the PIRC on governance and administrative matters. The governance design will ensure the commissioner’s operational independence and decision-making autonomy.
I again thank the Criminal Justice Committee for its support for the general principles of the bill, which will make improvements to policing. I very much look forward to the debate and to members’ contributions.