Hansard

The Deputy Convener Lab

Item 2, which is our main item of business today, is an evidence session on the interception of communications by Police Scotland. As members are aware, the ...

John Finnie (Highlands and Islands) (Ind) Ind

Mr Nicolson, when did Police Scotland receive the codes of practice?

Assistant Chief Constable Ruaraidh Nicolson (Police Scotland)

The starting point was the report by Sir Paul Kennedy, which was published and came into force on 4 February, as it did for every other organisation in the U...

John Finnie Ind

Was Police Scotland consulted in the development of the codes?

Assistant Chief Constable Nicolson

There was some consultation; you will see that in the timeline that we have provided to the committee. That came from Brenda Smith, who is the senior respons...

John Finnie Ind

When was Police Scotland aware of the change to the requirement for judicial approval?

Assistant Chief Constable Nicolson

The starting point, as I said, was 4 February. There were various iterations, and material came into the force regarding the understanding that there would b...

John Finnie Ind

So there was an awareness that a fundamental change was taking place.

Assistant Chief Constable Nicolson

Yes, there absolutely was an awareness.

John Finnie Ind

Prior to the incident that has given rise to this meeting today, which took place 22 days after the new code came into effect, was anyone told in writing tha...

Assistant Chief Constable Nicolson

In terms of the actual applications themselves? There was communication and discussion in relation to the fact that that kind of application might indeed req...

John Finnie Ind

And that was in writing.

Assistant Chief Constable Nicolson

There was communication in those terms but not specifically for the applications that we are talking about. More generally, there was correspondence that wou...

John Finnie Ind

Has that been shared with the committee, Mr Nicolson?

Assistant Chief Constable Nicolson

No, I do not think so.

John Finnie Ind

Would it be possible for it to be shared with the committee?

Assistant Chief Constable Nicolson

We can certainly consider that.

John Finnie Ind

Thank you very much. Who requested the specific authorisation?

Assistant Chief Constable Nicolson

The specific authorisation was requested by the counter-corruption unit.

John Finnie Ind

What prompted the unit to initiate that?

Assistant Chief Constable Nicolson

What prompted it was what was perceived to be sensitive material going out into the press.

John Finnie Ind

Is it a matter of routine that the counter-corruption unit would monitor press coverage?

Assistant Chief Constable Nicolson

Every organisation will no doubt monitor press coverage. We are interested in what the press coverage is. Fairly obviously, the kind of investigation that wa...

John Finnie Ind

Could you help us understand how we get from a situation where there is a hard copy in the press to the request for authorisation being made? What is the cha...

Assistant Chief Constable Nicolson

I need to be a bit careful here, as Her Majesty’s inspectorate of constabulary for Scotland will carry out a full review of that. In general terms, if someth...

John Finnie Ind

Were you concerned about the press coverage?

Assistant Chief Constable Nicolson

I saw the press coverage. We see press coverage every single day of the week. Yes and no. It is one of those things. There are reports in the press every day...

John Finnie Ind

The document that is in the public domain states: “The main purpose of the meeting is to discuss Police Scotland’s governance arrangements specifically in r...

Assistant Chief Constable Nicolson

Anybody could prompt it.

John Finnie Ind

But who did?