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Criminal Justice Committee 24 April 2024

24 Apr 2024 · S6 · Criminal Justice Committee

Item of business

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Margaret Gribbon Watch on SPTV

Yes. In addition to my experience in acting for police officers, last year, there was a batch of independent investigations: His Majesty’s Inspectorate of Constabulary in Scotland, the independent review group and the internal sex equality and tackling misogyny working group all recognised that problems exist in the police complaints handling procedure. For example, HMICS said that the misconduct processes were perceived to lack openness, transparency and fairness, and that the status quo, whereby Police Scotland reports on such matters to the Scottish Police Authority’s complaints and conduct committee, “provides limited assurance on the standards of integrity, ethics and values”. In its May 2023 report, the IRG looked at complaints primarily in the context of equality and diversity, which is where my experience lies. In relation to the police officers for whom I have acted, the complaints have been mainly what I call cop-on-cop complaints. The evidence that the committee heard last week was mainly about complaints by members of the public, in relation to which there is a remit for the Police Investigations and Review Commissioner. When it comes to complaints that are made by officers in the course of their duty, those complaints have been mainly—in the case of the officers for whom I have acted and currently act—misconduct complaints in relation to whistleblowing and alleged sexism and misogyny against fellow police officers. Therefore, they do not have the option of any form of independent scrutiny, unless they have the time and resources to take a complaint to an employment tribunal. Often, that is a last resort. For them, the PIRC is not a resort, so they are pretty much stuck with the professional standards department and the police investigating the police. What the IRG found is consistent with all the cases in which I have acted for police officers. There are several recurring themes in those cases, one of which is an absolute failure to address issues of misconduct involving discrimination. That was one of the findings of last year’s IRG report. The professional standards department plays a critical role in complaints handling—it is front and centre in determining how cases are assessed and investigated. That department is critical in setting the tone. The IRG found—and this is consistent with what clients I have represented have said—that the police were less prepared to address issues of misconduct where they involved discrimination. We are starting from a place where we know that there are major problems, because of what the independent reviews have told us. Last year, an internal Police Scotland working group, the sex equality and tackling misogyny group, carried out a survey and got 528 responses. Of the police officers the group surveyed, a staggering 81 per cent agreed that sexism and misogyny was an issue within policing; 86 per cent of female colleagues had either been subjected to or witnessed sexism and misogyny; more than 40 per cent of male colleagues had witnessed sexism and misogyny; and only around half of those surveyed thought that Police Scotland was tackling sexism and misogyny. We know that there is an issue, given cases such as those of Rhona Malone and Karen Harper, where we see the consequences of complaints not being handled properly. That particularly applies to the Rhona Malone case, which was tragic on so many levels: Rhona Malone was an experienced and talented firearms officer, who had so much to offer to policing, but her health was affected to such an extent that she had to retire. The cost to the public purse was £1.5 million. From the cases that I have dealt with and am currently dealing with on behalf of police officers, I am afraid to say that nothing that I have seen has convinced me that there has been sufficient change since the Rhona Malone judgment. It is inevitable that there is going to be another case or cases of that type. The complaints handling procedure is crucial to that. Rhona Malone’s complaints of sexism and misogyny were just not dealt with. The case was bold and overt, in that she had made a complaint that she had been victimised for raising concerns about a sexist email. The PSD tried to dissuade her from raising the complaint and, when she would not be dissuaded, it confirmed to her in writing that the complaint would be investigated. It was never investigated, however.

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Criminal Justice Committee 24 April 2024

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