Committee
Criminal Justice Committee 04 March 2026 [Draft]
04 Mar 2026 · S6 · Criminal Justice Committee
Item of business
Subordinate Legislation
Parole Board (Scotland) Amendment Rules 2026 (SSI 2026/82)
I am not content. For various reasons, I only had the chance to look at my papers yesterday. Vetting was the subject of a lot of discussion during the process to pass the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025. The central issue was not the regularity of vetting being changed; the issue of concern—including to the Scottish Police Federation—was the chief constable having the power to reassess vetting clearances within 10 years. It is not clear whether the process is fair.A note in the annexe says that a “summary of consultation” was undertaken on the SSI, but it does not really give any indication of what people said during that consultation. I realise that that is because everyone is in the same boat and there was not time to give us clarity on that, but I would rather that we consider the instrument at next week’s session so that we can consider whether we want to annul it. I am not saying that I want to do so, but I am not content for it to be passed on the nod, because we have not had the chance to delve into the detail.His Majesty’s Inspectorate of Constabulary in Scotland did not recommend such a change to vetting. The chief constable does not currently have the power to dismiss officers simply because she is not satisfied with someone’s vetting clearance. That is quite a wide-ranging power. I want to be sure about what was actually said in the consultation and would rather that we had some time to consider that.
In the same item of business
The Convener
SNP
Our next item of business is consideration of a series of negative instruments, which I will work through in turn.The first negative SSI is the Police Servic...
Pauline McNeill
Lab
I am not content. For various reasons, I only had the chance to look at my papers yesterday. Vetting was the subject of a lot of discussion during the proces...
The Convener
SNP
I agree that there is quite a lot in the instrument. I certainly acknowledge that you are uncomfortable with the situation.
Sharon Dowey
Con
I agree with Pauline McNeill. I want to see a wee bit more detail before we pass the instrument. I do not disagree with the chief constable having powers if ...
The Convener
SNP
My understanding is that the instrument just puts into effect a recommendation that was made by HMICS.
Jamie Hepburn
SNP
Broadly speaking, I am pretty satisfied with the instrument. The policy note probably explains enough of the context. If colleagues want more information, we...
Rona Mackay
SNP
I also think that there is a danger that we overthink this. As far as I understand it, the instrument just gives the chief constable more flexibility. There ...
The Convener
SNP
For what it is worth, I noted that, in the earlier session, DCC Speirs acknowledged the SSI and appeared to support it. However, I fully accept members’ desi...
Sharon Dowey
Con
I do not disagree with Jamie Hepburn. Once we get more information, we might be happy to pass the instrument. However, I just point out that, two weeks ago, ...
Pauline McNeill
Lab
There have been court cases because of probationers being summarily dismissed. My issue is not general vetting but the proposed power. I raised the matter du...
Jamie Hepburn
SNP
Clearly, we will discuss the issue further, but I just note that, if my reading of the process is correct, the final decision on vetting will not be with the...
The Convener
SNP
Pauline McNeill, you can propose by motion that the lead committee recommends annulment of the instrument. I am not sure whether that is what you were gettin...
The Convener
SNP
Our next negative SSI is the Human Trafficking and Exploitation (Duty to Notify) (Scotland) Regulations 2026. I refer members to paper 6, which sets out the ...
Sharon Dowey
Con
I just want to reiterate the point that I raised with the chief constable. The regulations come more than 10 years after the Human Trafficking and Exploitati...
The Convener
SNP
The clerk informs me that I have jumped ahead on the list of SSIs and have missed one out. We will come to it in a moment—I apologise for the delay.Thank you...
The Convener
SNP
Our next negative SSI is the Police Pension Scheme (Scotland) (Amendment) Regulations 2026. I refer members to paper 5, which sets out the instrument’s purpo...
The Convener
SNP
Our final negative SSI is the Parole Board (Scotland) Amendment Rules 2026. I refer members to paper 7, which sets out the instrument’s purpose.As no members...
The Convener
SNP
That concludes our consideration of SSIs. I will suspend very briefly to allow witnesses to join us at the table.11:28Meeting suspended.11:29On resuming—