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Chamber

Meeting of the Parliament (Hybrid) 25 November 2020

25 Nov 2020 · S5 · Meeting of the Parliament
Item of business
Policing (Complaints Handling, Investigations and Misconduct Issues) (Independent Review)

I thank Liam Kerr for giving Parliament the opportunity to briefly consider the report that Dame Elish Angiolini has produced. As he observed, it is regrettable, and perhaps slightly baffling, that the Government did not see fit to debate the report in its own time, not least at a point at which we are seeing a huge number of statements being shoehorned into the parliamentary timetable.

As others have done, I pay tribute to Dame Elish for her work in producing the report, as well as for her willingness to engage with the Justice Committee, including in relation to her interim findings.

It is worth taking a moment to remind ourselves of the context in which the review was set up. Back in 2017, after the Government’s rushed centralisation of Scottish policing, serious allegations were made against former chief constable Phil Gormley. Instead of being suspended pending investigation of those complaints, Mr Gormley was put on special leave. The PIRC, meanwhile, was left in the dark. Mr Gormley’s return to work was later approved by former Scottish Police Authority chair Andrew Flanagan, who hastily backed down after an intervention by the then justice secretary, Michael Matheson. Shortly after that, both Mr Gormley and Mr Flanagan left their posts.

It is little wonder that, in her interim report, Dame Elish referred to “actual or perceived partiality” due to relationships between senior police and SPA board members that were, in her words, “too cosy”. Susan Deacon alluded to something similar when she resigned as SPA chair at the end of 2019, citing governance and accountability arrangements for policing that were

“fundamentally flawed in structure, culture and practice”.

A year on, and Dame Elish’s final report paints a picture that is no less stark. Her recommendation to remove the option for police officers to avoid investigation by retiring reflects earlier calls by the Justice Committee. Giving the PIRC responsibility for key stages of proceedings involving senior officers makes sense. So, too, does the introduction of greater independence and transparency into all gross misconduct hearings.

However, it is the aspects of the report relating to inclusion and diversity, as well as mental health, that are most striking. I welcome the Labour Party amendment, as John Finnie did. Discriminatory attitudes and behaviours more than two decades after the Macpherson report are wholly unacceptable. We should all be concerned about BAME officers leaving the service or being unwilling to recommend it as a career choice for others. The comments on “underlying sexism” and a “machismo culture” with a lack of willingness to accommodate requests for flexible working are all blunt messages requiring urgent and sustained action by Police Scotland, the SPA and the Scottish Government.

There is also a blunt message on the need for mental health to be of “paramount importance” for the police service. About a year ago, my colleague Willie Rennie highlighted to the First Minister evidence of widespread issues of poor mental health affecting officers and staff. At the time, the cabinet secretary claimed that he was “very satisfied” with police wellbeing. Since then, I have consistently raised the issue with Mr Yousaf, but there is no sign yet of the Government getting to grips with the scale of the problem. That is not good enough. Our police deserve better, the public expects better and Parliament should demand better.

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
The next item of business is a debate on motion S5M-22450, in the name of Liam Kerr, on the independent review of complaints handling, investigations and mis...
Liam Kerr (North East Scotland) (Con) Con
I thank Dame Elish Angiolini for her “Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing”. It is a sober...
The Cabinet Secretary for Justice (Humza Yousaf) SNP
I have, of course, spoken to Police Scotland, the SPA, the Crown Office and Procurator Fiscal Service and other key stakeholders about recommendations in the...
Liam Kerr Con
Yes, of course I have. In order to assist the cabinet secretary, I will provide a suggestion. It came from Moi Ali, but will be endorsed by many stakeholders...
The Cabinet Secretary for Justice (Humza Yousaf) SNP
I thank the Conservatives for lodging the motion. Far from shirking responsibility, I think that we have an excellent opportunity to debate an excellent and ...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I will ask the cabinet secretary a simple question. Did he ask the Minister for Parliamentary Business and Veterans whether a statement could be made on the ...
Humza Yousaf SNP
The Minister for Parliamentary Business and Veterans and I have been discussing how difficult the timetable is in the run up to the end of the year; there is...
Liam Kerr Con
It is notable that the minister came straight to the chamber to give a ministerial statement on the interim report. The difference is interesting. Will the ...
Humza Yousaf SNP
I was the minister who was in charge when the interim report was published in June 2019. I do not think that the action tracker is a bad idea. I am more tha...
The Deputy Presiding Officer SNP
We go to Rhoda Grant. You have four minutes, Ms Grant. I should also say that you should speak to and move your amendment S5M-23450.1. 15:40
Rhoda Grant (Highlands and Islands) (Lab) Lab
I welcome the publication of Elish Angiolini’s report. Two years ago, Scottish Labour’s Daniel Johnson raised concerns about how police complaints were being...
John Finnie (Highlands and Islands) (Green) Green
I thank Dame Elish Angiolini, her team and everyone who contributed to what is a significant piece of work that has rightly received a warm welcome, includin...
Liam McArthur (Orkney Islands) (LD) LD
I thank Liam Kerr for giving Parliament the opportunity to briefly consider the report that Dame Elish Angiolini has produced. As he observed, it is regretta...
The Deputy Presiding Officer SNP
Thank you for being so succinct. We move to the open debate. We are pushed for time, so speeches should be of no more than four minutes. 15:52
Gordon Lindhurst (Lothian) (Con) Con
I start at what I consider to be the beginning and with what should be emphasised: our police officers do an often difficult job very well indeed. We should ...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
This is a very important debate and I thank the Conservatives for bringing it to the chamber. It is important for a number of reasons, but primarily because ...
Liz Smith (Mid Scotland and Fife) (Con) Con
I recall that, in the 2013 parliamentary debate about the merger of Scotland’s eight police forces, my colleague John Lamont expressed his concerns not about...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
It is fundamental in any democracy that the police service is held to account for its actions. I am sure that Parliament will agree that the “Independent Rev...
Claire Baker (Mid Scotland and Fife) (Lab) Lab
I welcome the opportunity to speak in this afternoon’s debate. Dame Elish Angiolini has produced a significant and wide-ranging report, which has many import...
Shona Robison (Dundee City East) (SNP) SNP
I also thank Dame Elish Angiolini for her hard work in compiling a comprehensive report with 81 recommendations, which build on the many recommendations in t...
Liam Kerr Con
In the Government’s amendment to the motion, the cabinet secretary says that he will respond to the report in the new year. Does Shona Robison think that it ...
Shona Robison SNP
We have heard some of its response today. As the work is taken forward in detail, it is important that all stakeholders and, indeed, the Parliament are invol...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I echo the thanks of members across the chamber to Dame Elish Angiolini for her wide-ranging and thorough report, and I thank the Conservatives for lodging t...
The Deputy Presiding Officer (Christine Grahame) SNP
Thank you—you finished just as I was about to say, “You must conclude”. 16:21
Humza Yousaf SNP
It has been a helpful debate. Let me address some of the key points that members raised. The point that Daniel Johnson made about officers from a minority e...
Liam Kerr Con
On that point, does the cabinet secretary accept that the SNP has, in the past, undermined the independence of the PIRC, which has led to some of the problem...
Humza Yousaf SNP
No, I do not accept that at all. On Liam Kerr’s point—which I think was also raised by one or two other members—about the Government needing to come forward...
The Deputy Presiding Officer SNP
I call Margaret Mitchell to close for the Conservatives. You have up to six minutes. 16:27
Margaret Mitchell (Central Scotland) (Con) Con
In 2017, the Justice Committee decided to carry out post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012, which had established a sing...
Humza Yousaf SNP
Will the member at least acknowledge that 21 of the 30 recommendations have been partly or fully implemented? It would not make sense to deliver legislation ...