Meeting of the Parliament (Hybrid) 25 November 2020
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 the public must have access to a comprehensive and fair system for complaints, investigations and misconduct issues in relation to the police.
The report from Dame Elish Angiolini is extremely detailed—it runs to 489 pages and 81 recommendations, which in itself speaks volumes about the complexity of the issue. It is clear that there is a lot for Police Scotland, the SPA, the PIRC and the Scottish Government to consider.
As a member of both the Justice Committee and the Justice Sub-Committee on Policing since 2016, I have been extremely impressed with the professionalism and ethics of Police Scotland, which consistently co-operates with both committees fully and transparently. The Covid-19 pandemic has demonstrated that, even under extreme pressure, Police Scotland can operate in a proportionate and efficient manner to maintain public confidence.
That said, there are issues relating to individual cases, some of which have been highlighted today by Liam Kerr and Liam McArthur. Those issues throw up questions, and there must be an effective process for dealing with them. Some high-profile historical cases have demonstrated an urgent need for reform of the complaints system. In any democracy, the police service must be held to account for its actions if a complaint is raised, because police officers are, like everyone, human and fallible, and things go wrong. The report lays out starkly the challenges that exist with regard to the complaints procedure and, at times, the deficiencies in the historical culture of Police Scotland.
As the cabinet secretary said, many of the report’s recommendations require legislation, which the Government will consider, informed by stakeholder views. Many of the recommendations have already been progressed following Dame Elish’s interim report, which was published in June 2019. For example, Police Scotland has worked to make its complaints system clearer and more accessible on its website, and it has resolved many complaints simply through direct conversation with the complainant, rather than by instigating a lengthy multistage process.
Chief Constable Iain Livingstone has made it extremely clear that discriminatory attitudes have no place in a modern police service, and Police Scotland is working hard to address those matters by developing diversity and equality in the force. However, the report notes—as Rhoda Grant highlighted—that there has been discriminatory treatment of minority groups. I find that deeply troubling; I agree with Dame Elish’s recommendations in that respect and I hope that measures to address those issues are progressed urgently. The cabinet secretary confirmed today that the chief constable has already agreed to a fundamental review of that area, which I welcome.
There are also recommendations on death-in-custody investigations, structural changes and additional powers for the PIRC, and on giving a basis in statute to gross misconduct hearings and a code of ethics.
There is so much in the report that it is possible only to scratch the surface of the detail in a short speech. Dame Elish Angiolini will give evidence to the Justice Sub-Committee on Policing on 7 December, and I look forward to hearing more on the detail of the report.
The report is very welcome, as a review of the complaints system was very much needed. I congratulate Dame Elish Angiolini on what is an enormous body of work, and I acknowledge the steps that have already been taken by Police Scotland to address some fundamental issues. That is vital to ensuring that the public can have full confidence and pride in our national police force.
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