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 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 they are required, but I want to know what is included under vetting clearance. Why are the powers not currently included in Police Scotland’s disciplinary policies and procedures, so that they have another way to deal with such an issue?The regulations would help the chief constable to“identify those who pose a potential risk to others, or who are otherwise unsuitable to work within the police service.”Why can Police Scotland not get rid of such a person through its current disciplinary procedures? Paragraph 8 says:“During the withdrawal assessment or appeal process a constable may be suspended, provided the suspension conditions are satisfied, and any suspension must be re-considered on a regular basis.”How long would they be suspended for, and what does “regular basis” mean?Perhaps we could get some information on how many police officers have been dismissed in the past year, how many have appealed, how many dismissals have been overturned and how many have been upheld. That would give us information on what is currently happening in the police force so that we can see why the power is needed.
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—