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Chamber

Meeting of the Parliament 01 December 2015

01 Dec 2015 · S4 · Meeting of the Parliament
Item of business
Topical Question Time
Police Scotland (Interception of Communications Commissioner’s Office Review)

On learning of the breaches in the summer, the Scottish Government contacted Police Scotland to seek reassurance that it would co-operate fully with the IOCCO investigation and that it would take any necessary actions that might result from it.

That reassurance was given and, since July, Police Scotland has been working on a robust action plan to ensure that there has been no repeat of those incidents and that they cannot happen again in the future. However, it is clear that Police Scotland’s actions in accessing communications data have fallen short of the standard expected, and I welcome last week’s announcement by the Scottish Police Authority that it would ask Her Majesty’s inspectorate of constabulary in Scotland to review the robustness of the procedures around Police Scotland’s counter-corruption practices.

I can reassure the chamber that that will be an independent, thorough and in-depth review. In order to provide assurance to the public and this Parliament, it will focus on operational effectiveness and efficiency, the independence of the internal investigation function, governance and accountability, and training and guidance for officers and staff. The review will be submitted to the Scottish Police Authority and laid in the Parliament in the spring, and I expect any HMICS recommendations for improvements to be implemented in full.

Any breach of the “Acquisition and Disclosure of Communications Data Code of Practice” is unacceptable. A free press is the cornerstone of a healthy democracy, and we are committed to protecting the privacy of all law-abiding members of the public, including journalists.

In the same item of business

2. Graeme Pearson (South Scotland) (Lab) Lab
To ask the Scottish Government what steps it will take in response to the recent report on Police Scotland by the Interception of Communications Commissioner...
The Cabinet Secretary for Justice (Michael Matheson) SNP
On learning of the breaches in the summer, the Scottish Government contacted Police Scotland to seek reassurance that it would co-operate fully with the IOCC...
Graeme Pearson Lab
In his statement on spying in September, the cabinet secretary told the chamber that he had “no idea” who the police in Scotland were spying on. That is unli...
Michael Matheson SNP
As ever, the member has got a bit confused on these matters, because the response that I gave to Neil Findlay in September related to covert surveillance mat...
Graeme Pearson Lab
I accept that IOCCO has done its job thoroughly. For years, in this Parliament, I have asked the cabinet secretary to ensure that proper governance, accounta...
Michael Matheson SNP
The member seems to be getting himself even more confused on the issue. The governance and oversight of this area of reserved legislation is with IOCCO, whic...
The Presiding Officer NPA
Five members wish to ask a question of the cabinet secretary. I recognise that time is moving on, but I fully intend to take them all. I would be extremely g...
Roderick Campbell (North East Fife) (SNP) SNP
It is worth noting that the code of practice that was breached does not relate to the interception of communications nor to the acquisition or disclosure of ...
Michael Matheson SNP
As the member correctly points out, the case is to do with communications data rather than the interception of communications, which has ministerial oversigh...
Willie Rennie (Mid Scotland and Fife) (LD) LD
What is still missing from the case is a proper explanation of who did this and why. We need a proper explanation to get the transparency that members of the...
Michael Matheson SNP
The breaches have been identified and IOCCO has written to the individuals who have been affected by them, informing them that they can now take the matter t...
Margaret Mitchell (Central Scotland) (Con) Con
I accept that the interception of communications is reserved. However, does the cabinet secretary share my despondency that the SPA, despite being responsibl...
Michael Matheson SNP
It is important to understand the process that investigatory powers legislation puts in place. The oversight function for the use of investigatory powers is ...
Neil Findlay (Lothian) (Lab) Lab
Public concern is about a much wider issue than communications. The last time I asked the cabinet secretary whether undercover officers were spying on activi...
Michael Matheson SNP
That is a different matter altogether. Labour members might be a bit confused about the issue. As I made clear, issues to do with covert surveillance are not...
John Finnie (Highlands and Islands) (Ind) Ind
The Scottish Police Authority is the disciplinary authority for chief officer rank in Scotland. I welcome the inquiry and I do not doubt the impartiality of ...
Michael Matheson SNP
The member raised a number of interesting points, which are part of the reason for the HMICS review of how the counter-corruption unit has been operating in ...
Neil Findlay Lab
On a point of order, Presiding Officer. Under the standing orders, will the minister correct the record? More than a week ago, 10 members of this Parliament...
The Presiding Officer NPA
As the member knows, that is not a point of order. What the minister says is entirely a matter for him.
John Mason (Glasgow Shettleston) (SNP) SNP
On a point of order, Presiding Officer. On 4 November, I wrote to you about the abuse of points of order by Neil Findlay and, on 18 November, you wrote back ...
The Presiding Officer NPA
That is not a point of order.