Hansard

Good morning. I will first speak to amendments 1 and 2, which will add further sources that the chief constable must refer to when preparing the code. That follows evidence that was given to the committee and a committee recommendation. The bill as drafted sets out sources of police ethics to which regard must be had in preparing the code, including the standards of professional behaviour, the constable’s declaration, the policing principles, convention rights and any other human rights instruments that have been ratified by the United Kingdom. Those sources are to assist the chief constable in preparing the code. The rights and obligations under the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 are an important source, because they now have the same domestic status as rights under the European convention on human rights. I thank the Children and Young People’s Commissioner Scotland for suggesting that we add that. I am grateful to Amnesty International for its suggestion that Police Scotland’s code of ethics should reflect the European code of police ethics. I believe that that will be a valuable source to consider when preparing the code of ethics, so my amendment 1 adds it to the list. The UN code of conduct for law enforcement officials and the UN basic principles on the use of force and firearms by law enforcement officials are further worthy sources of police standards that will add value to Police Scotland’s code of ethics. I urge the committee to support amendments 1 and 2. Before I turn to Katy Clark’s amendment 48, I will speak to amendment 3. The bill lists mandatory consultees that the chief constable must consult when drafting the code of ethics. Following evidence from human rights organisations, my amendment 3 will add to the list the Scottish Human Rights Commission and the Equality and Human Rights Commission. I agree with the evidence of Amnesty International that the mandatory consultees should include the Scottish Human Rights Commission. That commission will add value to and enhance the content of Police Scotland’s code of ethics. The Equality and Human Rights Commission told the committee about the positive impact of embedding the consideration of equality in the code of ethics. I believe that the commission will provide valuable advice as consultees and—importantly—could highlight where the code could better reflect the Equality Act 2010. That would strengthen the capacity for Police Scotland to deliver on its equality, diversity and inclusion and human rights aspirations. Adding those bodies to the list will ensure that they comment on the code, and that is a stronger measure than using the 2010 act as a source, which is what Katy Clark’s amendment 48 seeks to do. I now turn to that amendment. The chief constable is already legally obliged to comply with her duties under the 2010 act, by virtue of the terms of that act. To add the 2010 act to the list of sources for the code would impose on her a lesser obligation than already exists and would create confusion and legal risk. I believe that my amendment 3 is stronger and would not interfere with the structure of the chief constable’s duties under the 2010 act. Katy Clark’s amendment 49 is about the reporting obligation on the chief constable to make a statement if, following a periodic review of the code, there are no changes to make. The amendment would require the chief constable to set out details of changes that were suggested but rejected during the review. The bill already provides that the chief constable must lay a statement before the Parliament if she has concluded that there is no need to revise the code after a review has taken place. I understand the need to assure both officers and the public that the code is keeping pace with ethical standards, but I am concerned that amendment 49, as lodged, might have unexpected consequences, such as publishing comments or information—for example, from private individuals—that were not intended to be made public. I would like to understand more about Katy Clark’s intentions and purpose ahead of stage 3, to see whether we can find a way to meet her objectives while avoiding unintended consequences. I urge the committee not to support amendments 48 and 49. Sharon Dowey’s amendment 4 relates to whom the chief constable must consult and share a draft with when preparing the code. The list is set out in the bill and includes people and organisations with relevant knowledge or expertise, such as staff networks that represent particular minority groups. I welcome amendment 4 in principle. It would require the chief constable, when preparing the code of ethics, to consult those who are “representative of individuals who have made a complaint against the Police”. That would allow for people with direct experience of the complaints system to input into ethical policing. However, although I believe that the principles of amendment 4 would enhance the code, the wording does not make it clear that it is the voices of complainers as a group that must be heard, rather than those of individual complainers, which might make the measure ineffective or have unintended consequences, such as hampering preparation of the code. To ensure that the provision can be effective, I ask Sharon Dowey not to move amendment 4, and I commit to working with her to bring it back at stage 3. Sharon Dowey’s amendment 50 proposes to insert a new, free-standing section to place a duty on the chief constable to review—for consistency with the code of ethics— “the policies, procedures and guidance that relate to discipline and conduct” and to make any changes that are identified “within one year of Royal Assent.” The duty on the chief constable is to prepare the code “as soon as is reasonably practicable after section 2 of the ... Act ... comes into force.” Even once the duty commences, a great deal of work will be involved in preparing and consulting on the code, so it makes no sense to have a requirement to complete a review within a year of royal assent. That period could have ended before the code was published. In addition, on-going work will lead to substantial change in the policies, procedures and guidance that relate to discipline and conduct. All the recommendations that Dame Elish Angiolini made in her independent review that do not require legislative change are in the process of being implemented, His Majesty’s Inspectorate of Constabulary in Scotland’s assurance review of conduct is on-going and there will be new conduct and vetting regulations, as well as all the other work that will have to be done as a result of the bill. A review that took place before those changes had been made would quickly become entirely redundant. It is essential that the code of ethics does not become a disciplinary code by the back door, so no amendment should be worded in such a way that it risks conflating the code with the standards of professional behaviour. However, I agree that the discipline and conduct policies, procedures and guidance and the code should form a coherent body, so I am willing to work with Sharon Dowey ahead of stage 3 on the issue. I urge her not to move amendment 50 and, if she moves it, I urge the committee to vote against it. I move amendment 1.