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Chamber

Meeting of the Parliament 10 September 2024

10 Sep 2024 · S6 · Meeting of the Parliament
Item of business
Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1
Chapman, Maggie Green North East Scotland Watch on SPTV

I thank colleagues for their contributions to the debate. As someone who does not sit on the Criminal Justice Committee but follows its work from the outside, I always find it interesting to see how different committee members and others from outside, such as myself, understand and interpret committee proceedings.

If we were starting from scratch to empower our communities to deal with the problems in their midst—problems of violence, theft and damage; problems of how to keep people safe at large gatherings on streets and highways; problems of contested uses of public space; and problems of acting, as the police so often do, as the agency of last resort for people with histories of pain and trauma—I do not think that the creation of the institution of a police force would be our chosen answer, or at least it would not be the only one.

We need to think about how to reform the way in which police do their work and how they are accountable; how to enact those reforms and ensure that they are properly implemented; and how to scrutinise and exercise the power that the police have. It is right that we as citizens expect the highest of standards in all aspects of the work that the police do. As Jamie Greene, Russell Findlay and others have said, that process of reform is not a one-off—it must be on-going.

Policing by consent relies on trust, and it takes only one bad experience or one negative headline to destroy that trust. Unfortunately, we have had more than one bad experience or one negative headline as far as institutionalised discrimination in the police is concerned. The committee heard too many examples of breaches of that trust by individuals. Once that trust is broken, it takes concerted effort and no small amount of time to rebuild it. The bill is part of that process of reform and of rebuilding that trust.

I share the concerns that some members have raised that many of the Angiolini review recommendations are not dealt with in the bill. I would welcome the cabinet secretary’s provision—if not today, then in the future—of further information as to how her Government will approach those. I will not rehearse the points about the elements of the bill, which we have already heard so much about this afternoon, such as the ethics code, the duty of candour and the changes to the PIRC and its governance. However, I am interested in the details of the amendments that have been suggested, and I will listen with interest to the cabinet secretary’s closing remarks in that regard. I hope that on-going discussions during stage 2 will address some of the questions that Pauline McNeill and others have raised.

As I said earlier, I believe that, as part of the on-going reform of our police service and the way in which it works, we need to think about how we might divest the police of functions that are better carried out by other agencies and other workers, without the punitive load that the police inevitably bring to every encounter, whether or not they want or intend to. Ultimately, we need to ask ourselves whether what we say is the central function of the police—to keep people safe—will ever be compatible with what historically has been its actual raison d’être: to preserve the establishment and the status quo, to protect elites by suppressing some marginalised groups and to resist the transformation of society that we now, in our overlapping crises, need more than ever to survive.

I know that many police officers recognise those contradictions and want to be part of a positive transformation. While we make the incremental changes that we can, including through this bill, let us keep faith with those within and outside the police who look to us for a vision of something more—one of a police system that serves all members of our community and of a society in which we can all trust it to do what it is here to do.

16:20  

In the same item of business

The Presiding Officer (Alison Johnstone) NPA
The next item of business is a debate on motion S6M-14398, in the name of Angela Constance, on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill at s...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance) SNP
I am pleased to open the debate on the general principles of the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill. I thank the Criminal Justice Committe...
Martin Whitfield (South Scotland) (Lab) Lab
My understanding of the duty of candour is that the individual duty currently applies to the office of constable and the organisational duty will apply to th...
Angela Constance SNP
Very clear responsibilities are laid on the chief constable via the 2020 legislation in that the primary focus for holding the chief constable to account is ...
The Presiding Officer NPA
I call Audrey Nicoll to speak on behalf of the Criminal Justice Committee. 14:43
Audrey Nicoll (Aberdeen South and North Kincardine) (SNP) SNP
I am pleased to speak on behalf of the Criminal Justice Committee. As ever, the committee is very grateful to our clerking team, the Scottish Parliament info...
Russell Findlay (West Scotland) (Con) Con
I, too, thank the committee clerks for the incredible work that they do on our behalf. Scotland’s police officers are true heroes. They serve the public wit...
Pauline McNeill (Glasgow) (Lab) Lab
Scottish Labour welcomes the opportunity to discuss the main provisions in the bill and how we can ensure the highest standards of conduct in the police serv...
Maggie Chapman (North East Scotland) (Green) Green
On behalf of the Scottish Greens, I welcome the bill and the reforms that it contains. Those reforms, as we have already heard, represent a further step in t...
The Deputy Presiding Officer (Annabelle Ewing) SNP
We move to the open debate, with back-bench speeches of around six minutes. I advise members that we have some time in hand, so if members wish to seek to ma...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
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...
Jamie Greene (West Scotland) (Con) Con
The words “ethics, conduct and scrutiny” are in the title of the bill, and there are few places in public life where those words are as important as they are...
Angela Constance SNP
Will the member take an intervention?
Jamie Greene Con
Yes, I will in a minute, but I want to make some progress first, because I want to make a wider point. It is very difficult to legislate in such areas becau...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
Following on from what Jamie Greene said, I say that I think that all of us in Parliament can be proud that we live in a country that abides by the principle...
Claire Baker (Mid Scotland and Fife) (Lab) Lab
I start by thanking the Criminal Justice Committee for its work on the bill and for the thorough report that it has produced. Although the committee has back...
The Deputy Presiding Officer (Liam McArthur) LD
I call Jackie Dunbar, to be followed by Alexander Stewart. You have a generous six minutes, Ms Dunbar. 15:45
Jackie Dunbar (Aberdeen Donside) (SNP) SNP
As a substitute member of the Criminal Justice Committee, I am pleased to take part in the debate. As the bill that is before us is about policing, I have be...
Alexander Stewart (Mid Scotland and Fife) (Con) Con
I am grateful for the opportunity to speak in this stage 1 debate on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill. Scotland’s brave police offi...
Ben Macpherson (Edinburgh Northern and Leith) (SNP) SNP
As a new member of the Criminal Justice Committee and as a constituency MSP, I am pleased to speak in today’s important debate on the Police (Ethics, Conduct...
Martin Whitfield (South Scotland) (Lab) Lab
It is a pleasure to follow Ben Macpherson, and I echo his comments about the move from a voluntary code to a statutory code. I will use the relatively short...
The Deputy Presiding Officer LD
Before I call the final speaker in the open debate, I give a reminder that all members who have participated in the debate should be in the chamber for the c...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I, too, congratulate the Criminal Justice Committee on its report. At this stage of the debate, much has been said, so I apologise in advance for revisiting ...
The Deputy Presiding Officer LD
We move to the closing speeches. 16:15
Maggie Chapman Green
I thank colleagues for their contributions to the debate. As someone who does not sit on the Criminal Justice Committee but follows its work from the outside...
Katy Clark (West Scotland) (Lab) Lab
As has been said, the bill comes before us as a result of the Angiolini review. The Criminal Justice Committee heard evidence from a number of witnesses who ...
Sharon Dowey (South Scotland) (Con) Con
As a member of the Criminal Justice Committee, which is considering the bill, I have been involved in scrutinising it for some time. I take the opportunity t...
The Deputy Presiding Officer LD
Thank you, Ms Dowey. I call Angela Constance. Cabinet secretary, you have a very generous 10 minutes. 16:36
Angela Constance SNP
Thank you, Presiding Officer. It is very unusual for you to say that to me. All that I can say in return is, “Be careful what you wish for.” I start by than...
Pauline McNeill Lab
I thank the cabinet secretary for clarifying that. As we will head into stage 2 shortly after stage 1, I ask her whether she will take cognisance of somethin...