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)
It is important to understand the process that investigatory powers legislation puts in place. The oversight function for the use of investigatory powers is a matter for IOCCO in this type of issue; it is not a matter for a third party such as the Scottish Police Authority.
When IOCCO identifies a breach in procedure, it is extremely important that the SPA considers what measures should be taken to address deficiencies. IOCCO confirmed that robust measures have been put in place to address the failings in Police Scotland in this instance.
What HMICS will now do, at the request of the SPA, is look at the wider issues to do with practice in the counter-corruption unit. That is exactly the area that is the SPA’s responsibility, and in undertaking the assurance review HMICS will look at the wider issues. It will not take over IOCCO’s oversight function, which involves reporting to the Prime Minister on issues for all forces in the United Kingdom.
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.