Hansard

As a member of the Criminal Justice Committee, I welcome the chance to speak in today’s important debate. The bill has been drafted using the recommendations from the 2020 “Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing” by Lady Elish Angiolini.

First, I recognise the fantastic work of Police Scotland and its officers. I am confident that, for many officers, the bill will be a bit inconsequential to how they conduct themselves on a day-to-day basis in their role in our communities. One recent example was the anti-racist demonstration in Glasgow’s George Square last weekend, where police organised calmly and efficiently to avoid clashes between protesters. Local police in my constituency of Strathkelvin and Bearsden took part in a recovery walk last week, which was organised by a fantastic aftercare recovery charity called Group Recovery Aftercare Community Enterprise. The police were praised by everyone in the community for the good-natured and friendly way in which they took part.

However, during committee evidence, we heard witnesses—police and members of the public—tell of experiences that were concerning due to the lack of transparency and communication and, crucially, the long delays in getting matters resolved. Russell Findlay highlighted those acute issues. Lady Elish’s recommendations reflect on those matters, and the bill aims to ensure that our police service is held to a high ethical standard throughout all aspects of the role, to help public confidence in the service and encourage greater transparency. I believe that, with amendment, the bill will achieve what it sets out to do—particularly in relation to improving the culture and public confidence in how complaints are dealt with. However, the bill’s progress and effectiveness must be reviewed and monitored, as that was raised as a concern in the committee’s stage 1 report.

The bill will make changes in four key areas. First, there is a requirement for a code of ethics, which will be drawn up by the chief constable with the assistance of the Scottish Police Authority and which will be reviewed every five years. The Scottish Police Federation is of the view that the non-statutory code of ethics that exists at the moment is sufficient. However, HMICS believes that the code will set in statute what is expected of officers, and the Association of Scottish Police Superintendents views it as an opportunity to improve Police Scotland’s internal culture, although it says that it must include refresher training in equality, diversity and inclusion for all officers.

I thank Russell Findlay for highlighting the long-standing problems of sexism and bullying in the service. The issue of the culture has been repeatedly raised. In my view, anything that can be done to embed equality and inclusion in the police service can only be a good thing.

Section 3 seeks to give legal recognition to a duty of candour on individual police constables and includes the principle that Police Scotland should police in a way that is “candid and co-operative”, particularly in regard to the investigation of officer conduct. I am pleased that the cabinet secretary has said that she will amend the bill to include operational staff in that duty of candour. Not surprisingly, witnesses and those with experience of the police complaints procedure were broadly in favour of those measures, although some expressed doubt about what difference it would make if there were no sanctions for officers and staff who chose not to co-operate with investigations.

Regarding police misconduct, the bill will help to strengthen public confidence—for example, by ensuring that officers can no longer resign to avoid being held to account for gross misconduct allegations against them. An advisory list and a barred list will be created of people who are or have been subject to the procedures for misconduct, and our convener outlined articulately the effect that that will have.

The Police Investigations and Review Commissioner—or the PIRC, as it is known—will be given significant new powers, which, in turn, will strengthen its governance and accountability arrangements. The PIRC will have the ability to investigate when it is suspected that an offence has been committed by a person who formerly served with the police.

The committee recommends, and I am of the strong view, that the PIRC should continue its policy of reducing its reliance on employing former police officers and introduce procedures to ensure that people who have worked together previously must declare an interest and are prevented from investigating one another.

The bill will provide the PIRC with the power to take over the consideration of complaints that are being dealt with by the chief constable or the Scottish Police Authority. To improve transparency, the PIRC will have a duty to audit the arrangements for investigating whistleblowing complaints, which will encourage people to speak up when they see wrongdoing. It will also be given new functions to investigate serious incidents or incidences of criminal offending that occur in Scotland but that involve constables from forces outside Scotland.

To improve efficiency, transparency, independence and public confidence in the complaints process, the bill will pave the way for the PIRC to independently and remotely have direct access to audit and review files in Police Scotland’s complaints database. To strengthen decision making, the bill will put in place a statutory advisory board to advise the PIRC on governance and administrative matters.

The committee would have concerns if any investigations into gross misconduct took longer than was necessary. That is a really important aspect of the bill. The Government is looking into ways to ensure that any investigations into an officer who has left the force have to be completed as timeously as possible.

The bill will improve how complaints about the police are dealt with, help to increase transparency and strengthen public confidence. It aims to simplify the way in which complaints, allegations of misconduct and other concerns about the conduct of police officers are investigated. Crucially, it will help to assure the public that, if police officer conduct or behaviour falls short of expectations, that will be properly dealt with.