Holyrood, made browsable

Hansard

Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

129
Current MSPs
415
MSPs ever elected
14
Parties on record
2,096,445
Hansard contributions
1999–2026
Coverage span
Official Report

Search Hansard contributions

Clear
Showing 0 of 2,096,445 contributions in session S6, 13 May 2026 – 12 Jun 2026. Latest 30 days: 3,975. Coverage: 12 May 1999 — 11 Jun 2026.

No contributions match those filters.

← Back to list
Chamber

Meeting of the Parliament 02 April 2014

02 Apr 2014 · S4 · Meeting of the Parliament
Item of business
Stop and Search

At the outset, I confirm that I very much support the ability of police officers to stop and search suspects. It is an important power in the fight against crime and a useful tool in tackling knife, alcohol and drug offences.

The good news is that, according to police statistics, 100,000 of the stop and searches carried out by Police Scotland last year resulted in officers finding and confiscating weapons, drugs, alcohol and stolen property. However, the bad and decidedly alarming news is the chief constable’s admission that statistics on stop and search are being made up.

Calum Steele of the Scottish Police Federation was right when he recently pointed out that, if more than 500,000 people were stopped last year, that would equate to roughly 10 per cent of the population. No one can seriously believe that 10 per cent of Scots were stopped last year; if that were true, we would all know several people who had been stopped. The logical conclusion is that either police officers are being coerced into meeting stop and search targets or that some police officers have a relaxed approach to the accuracy of police statistics. Given the extent to which the Government relies on police statistics on recorded crime, the fact that there are questions about their accuracy is deeply worrying.

Alison McInnes’s motion and Graeme Pearson’s amendment are right to highlight those concerns and others about the manner and circumstances in which stop and search is currently carried out in Scotland. It is clear that reform is needed, but it must be undertaken in a way that ensures that public safety is not jeopardised.

Stop and search can be classified as legislative, where the power derives from specific law and does not require the consent of the person to be searched, or, under common law, consensual, where the member of the public consents—or at least in theory consents—to be searched. Despite guidelines that state that refusal to agree to a search should not be treated as suspicious, research has shown that officers treat refusal as a reason to move on to a statutory search.

Furthermore, in January 2014, the Scottish centre for crime and justice research carried out an evaluation of the use of stop and search until 2010 and found that

“Neither Police Scotland, the Scottish Government nor the Scottish Police Authority routinely publish stop and search statistics, as such”.

The evaluation went on to say that therefore

“it is difficult to assess”

how stop and search is being carried out

“either comparatively across Scotland, or at the national level.”

More rigorous and transparent recording of stop and search statistics is essential to ensure that transparency and accountability are achieved.

A key conclusion of that evaluation was that non-statutory stop and search lacked safeguards and accountability. Due to the lack of “key procedural protections”, it was

“unlikely to meet basic standards of consent”,

as there is no duty on officers to inform people of their right to refuse searches.

We know that young people are significantly more likely to be searched on a non-statutory basis and that, in 2010, 500 children under the age of 10 were stopped and searched.

In England and Wales, the vast majority of stop and searches require reasonable suspicion, and non-statutory stop and search has effectively been ruled out since 2003. That approach works well, and there is no great concern that police officers do not have sufficient powers.

By contrast, Scotland seeks to deter offenders through high-volume search activity, although, as the research confirmed, there is no evidence that that approach reduces crime. Instead, it is likely to

“damage people’s trust and confidence in the police, and undermine public support for policing”,

especially among young people, whom we know to be the likely subjects of stop and search.

It is clear that those issues must be addressed. If hundreds of thousands of stop and searches are carried out and no crimes are detected, that is a waste of police time; even worse, it may be counterproductive. The approach that has been adopted in England and Wales proves that it is possible to make changes to stop and search without jeopardising public safety. The cabinet secretary should take note.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-09557, in the name of Alison McInnes, on stop and search. 14:40
Alison McInnes (North East Scotland) (LD) LD
It is a privilege to open the debate on behalf of the Scottish Liberal Democrats. Yesterday marked the first anniversary of Police Scotland and the aboliti...
Kevin Stewart (Aberdeen Central) (SNP) SNP
Will the member give way?
Alison McInnes LD
Not at the moment. We will, therefore, introduce amendments to the Criminal Justice (Scotland) Bill and present Parliament with an opportunity to improve th...
The Deputy Presiding Officer Con
I call Kenny MacAskill, the Cabinet Secretary for Justice, to speak to and move amendment S4M-09557.2. You have seven minutes. I make it clear that we are ti...
The Cabinet Secretary for Justice (Kenny MacAskill) SNP
I welcome the chance to respond to the motion lodged by Alison McInnes. Stop and search is an important issue, so it is disappointing that the Liberal Democ...
Annabel Goldie (West Scotland) (Con) Con
I have listened with interest to what the cabinet secretary says, and I have looked at the text of his amendment. When it comes to policing in Scotland from ...
Kenny MacAskill SNP
Not at all. I have just come from a meeting with the police and the Police Investigations and Review Commissioner. We established through Parliament—by a maj...
Willie Rennie (Mid Scotland and Fife) (LD) LD
The cabinet secretary is fond of quoting statistics, but what was the success rate of the so-called voluntary stop and searches?
Kenny MacAskill SNP
I cannot give the member that precisely, but what he will see is that the proof of the pudding is in the eating. Alcohol and knives are taken from many of th...
The Deputy Presiding Officer Con
I call Graeme Pearson to speak to and move amendment S4M-09557.1. Mr Pearson, you have up to five minutes. 14:57
Graeme Pearson (South Scotland) (Lab) Lab
I rise to move the amendment in my name, which, because of the Government’s pre-emptive amendment, is unlikely to be voted on. To that extent I am disappoint...
The Deputy Presiding Officer (Elaine Smith) Lab
Please draw to a close.
Graeme Pearson Lab
I will indeed, Presiding Officer. In the same magazine, the chief constable asks whether people “seriously think” that the police should go to the public to...
Margaret Mitchell (Central Scotland) (Con) Con
At the outset, I confirm that I very much support the ability of police officers to stop and search suspects. It is an important power in the fight against c...
The Deputy Presiding Officer Lab
We now come to the open debate. We are very tight for time, so speeches should be a maximum of four minutes, please. 15:07
Sandra White (Glasgow Kelvin) (SNP) SNP
I think that we agree that we all want crime to be tackled and our communities to be made safer. It is to be welcomed that recorded crime is at a 39-year low...
Margaret Mitchell Con
Will the member give way?
Sandra White SNP
I am sorry, but I do not have time. If those kids in Glasgow had been down by the Clyde drinking alcohol until midnight or 1 o’clock at night, something cou...
John Pentland (Motherwell and Wishaw) (Lab) Lab
I thank the Liberal Democrats for lodging their motion. Disappointingly, the amendment from the Cabinet Secretary for Justice merely reinforces the impressio...
The Deputy Presiding Officer Lab
Mr Pentland, will you pull your microphone round towards you, please?
John Pentland Lab
We do not know whether that is a tenth of our population or fewer people suffering more searches, but we know that the figure is four times that for England ...
Roderick Campbell (North East Fife) (SNP) SNP
I will begin by stating what is perhaps the obvious, which is that I am completely against the idea of fiddled or made-up figures from any public body. I am ...
Alison McInnes LD
Will the member take an intervention?
Roderick Campbell SNP
I am sorry, but I do not have time. I am sure that we all accept that we live in a very different world from that of 50 years ago or even 20 years ago. Over...
Alison McInnes LD
Will the member take an intervention?
Roderick Campbell SNP
I am sorry, but time prevents me from doing so. In evidence to the Justice Sub-Committee on Policing on 20 March, Police Scotland revealed that the rate of ...
Hugh Henry (Renfrewshire South) (Lab) Lab
I want to put on record my support for stop and search. Indeed, as a minister, I played some part in ensuring that additional powers were made available to t...
Christian Allard (North East Scotland) (SNP) SNP
I am delighted to participate in the debate, as it is always a pleasure to respond to Liberal Democrat members who want to compare Scotland’s achievements in...
Alison McInnes LD
That demonstrates what I do support, which is statutory stop and search, on reasonable suspicion and intelligence led. What I am debating this afternoon and ...