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Showing 36 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

If I understand your point correctly, my initial answer is that there are no recommendations for the Scottish Government in the IOCCO report. Secondly, we are talking about an area of reserved legislation: the code of practice and oversight of it are reserved. Police Scotland...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

The briefing was primarily about what you already know. IOCCO had undertaken an inspection of Police Scotland between 15 and 17 June this year, during which it had identified breaches of the code of practice that had been introduced in March. IOCCO had relayed that information...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

I did what I have just set out. I sought Police Scotland’s assurance that it was complying with the investigation that IOCCO had undertaken; it confirmed that it was. It had identified why there had been deficiencies in its process. It was undertaking a review as a result of I...

Michael Matheson SNP Chamber

Topical Question Time · Police Scotland (Interception of Communications Commissioner’s Office Review)

As ever, the member has got a bit confused on these matters, because the response that I gave to Neil Findlay in September related to covert surveillance matters, which are entirely different from the issue that we are discussing and relate to historical matters as well, as th...

Michael Matheson SNP Chamber

Topical Question Time · Police Scotland (Interception of Communications Commissioner’s Office Review)

The member seems to be getting himself even more confused on the issue. The governance and oversight of this area of reserved legislation is with IOCCO, which was put in place by a Labour Government to ensure that the public bodies that had these powers were being held to acco...

Michael Matheson SNP Chamber

Topical Question Time · Police Scotland (Interception of Communications Commissioner’s Office Review)

It is important to understand the process that investigatory powers legislation puts in place. The oversight function for the use of investigatory powers is a matter for IOCCO in this type of issue; it is not a matter for a third party such as the Scottish Police Authority. W...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

IOCCO is a reserved body that is accountable to and reports to the Prime Minister. Scottish ministers have no direct control over IOCCO or its functions because all of that is set out in the Regulation of Investigatory Powers Act 2000. Any reports from IOCCO regarding investig...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

The context of that is that Police Scotland is no different from any other police force in the UK in terms of governance and oversight of the use of the legislation for the purposes for which it is intended. It is IOCCO’s responsibility to undertake that oversight and the acco...

Michael Matheson SNP Chamber

Topical Question Time · Regulation of Investigatory Powers

IOCCO is an independent organisation that has oversight of matters relating to any public authorities in the UK that have powers under the Regulation of Investigatory Powers Act 2000. The timeframes for the investigation of any matters that IOCCO looks into are entirely a matt...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

There is always room for improvement, and I would certainly like improvements to be made in this area. For example, if a Scottish public body was being investigated by IOCCO, it would be reasonable for Scottish ministers to be notified so that we would be aware that such an in...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

We must distinguish between two things. My understanding is that HMICS will not undertake a review of investigatory powers because IOCCO has responsibility for and oversight of that. HMICS will be responsible for looking at the robustness of the procedures and processes around...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

I suppose that you would have to put that to IOCCO, which made that determination. I believe that there are two levels of determination that IOCCO can make: it can determine that action was wilful or that it was reckless. In this case, having considered the matter, it decided ...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

I am not aware of any. IOCCO undertakes an annual review of public bodies that have powers under the Regulation of Investigatory Powers Act 2000, and I am not aware of findings against any other public body on these matters. I would expect any inspection process always to find...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

That is a different debate—it is not the one with which I am familiar from the Conservative Government at Westminster. Obviously, IOCCO considered ECHR issues during its investigation. It says that robust measures have been put in place to prevent the same thing from happenin...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

It is fair to say that the timeframe for introducing the code of practice was very tight, and there is no doubt that there have been some challenges. The most recent figures from IOCCO may have resulted partly from that timetable. I am also conscious of the fact that forces ac...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

No, I do not agree with that. Of course there are areas for improvement and ways in which the Scottish Police Authority can ensure that it undertakes robust and challenging oversight of the way in which Police Scotland operates to identify areas where it believes improvement c...

Michael Matheson SNP Committee

Investigatory Powers Bill

It is worth keeping in mind that the process also has oversight from the investigatory powers commissioner, who will be able to come in and inspect matters. The commissioner will be able to look at the process in a way that is a bit like the way in which IOCCO inspects Police ...

Michael Matheson SNP Chamber

Topical Question Time · Regulation of Investigatory Powers

It is extremely important that our press are able to operate freely and have appropriate protections. In my view, no individual should have their communications data improperly accessed. It is important that there are robust mechanisms in place to ensure that that does not hap...

Michael Matheson SNP Chamber

Topical Question Time · Regulation of Investigatory Powers

The member will recognise that IOCCO is an independent organisation that is responsible for conducting any investigations into such matters. As I have stated, I expect it to report in due course on the two forces that it has stated that it is currently investigating, and I exp...

Michael Matheson SNP Chamber

Topical Question Time · Police Scotland (Interception of Communications Commissioner’s Office Review)

The breaches have been identified and IOCCO has written to the individuals who have been affected by them, informing them that they can now take the matter to the Investigatory Powers Tribunal. The tribunal will be responsible for looking at the extent of what the breaches imp...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

I am satisfied with it and IOCCO is satisfied with it. As IOCCO said in its public statement, Police Scotland has put in place a robust range of measures to prevent this type of thing from happening again. I, too, am satisfied that Police Scotland has changed its arrangements ...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

My understanding is that the SPA was provided with a briefing by Police Scotland on the issue at the beginning of July, so it was aware of the initial findings of IOCCO’s review of Police Scotland’s procedures. However, it is worth keeping it in mind that statutory responsibi...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

I have no doubt that the SPA would have been concerned, but the point that I am making is that responsibility for oversight in this area of legislation lies with IOCCO. On such issues, the situation is exactly the same for Police Scotland as it is for any other police force or...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

Again, it would be for IOCCO to explain that to you, if it does not intend to explain how it has come to that definition. My understanding is that there is a marked difference between a determination that action was “wilful” and one that it was “reckless”, in that a determinat...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

I do not really want to pre-empt IOCCO’s explanation of its definition. You would have to pursue that with IOCCO, given that it was its definition that it used in its determination.

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

The timeline relates to the work that was commissioned by IOCCO around the way in which the police were obtaining communications data relating to journalistic sources. That work started in October 2014 and reported—to the Home Office, I believe—in February this year. The timet...

Michael Matheson SNP Chamber

Topical Question Time · Scottish Recording Centre

I suspect that the member is referring to information that was passed by GCHQ, as suggested in the press over the weekend. As I have said, the way in which GCHQ operates is a matter for the UK Government, in particular the Home Secretary. Obviously, it must operate within lega...

Michael Matheson SNP Chamber

I shall deal with the two substantive points from Mr Findlay. On the first point, I have no knowledge of Police Scotland having certain individuals under surveillance. If Mr Findlay has concerns about that, he could pursue it with Police Scotland. If he is dissatisfied with ...

The Cabinet Secretary for Justice (Michael Matheson) SNP Chamber

Topical Question Time · Regulation of Investigatory Powers

The report referred to the Regulation of Investigatory Powers Act 2000 and breaches of the code of practice on the acquisition and disclosure of communications data. As I explained to Parliament in my policing statement on 3 September, breaches of the code are a matter for the...

The Cabinet Secretary for Justice (Michael Matheson) SNP Chamber

I welcome this early opportunity to update Parliament on policing in Scotland. Our police officers and those who work to support them continue to do an excellent job in challenging circumstances, and I pay tribute to them again—all the men and women within Police Scotland who...

The Cabinet Secretary for Justice (Michael Matheson) SNP Chamber

Topical Question Time · Police Scotland (Interception of Communications Commissioner’s Office Review)

On learning of the breaches in the summer, the Scottish Government contacted Police Scotland to seek reassurance that it would co-operate fully with the IOCCO investigation and that it would take any necessary actions that might result from it. That reassurance was given and,...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

We did not receive an advance copy of the report: I understand that the report went to the Home Office and that it is now available in the public domain. The report refers to the work that IOCCO undertook in October 2014, and the report was published in February 2015, which re...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

As I said, when the 2000 act is revised, I will want to pursue the goal of ensuring that Scottish ministers are notified of any concerns that IOCCO or its successor has about any Scottish public bodies that have powers in this area of reserved legislation. That is a reasonable...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

Police Scotland has to comply with the ECHR in the same way as any other body in Scotland. In this instance, as you heard from Neil Richardson this morning, a mistake was made by a very experienced officer with considerable expertise in the area. Police Scotland must ensure th...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

Yes, it is. Prior to the code of practice coming into force, there was no oversight. The code of practice introduced judicial oversight. The new code of practice introduced two key areas. One was the provision of a designated person to authorise a request for that type of c...

Michael Matheson SNP Committee

Police Scotland (Interception of Communications)

You have heard Neil Richardson’s explanation as to why that did not come about, in that the officer who was dealing with the request took a narrow view rather than considering some of the wider issues, which resulted in his coming to a judgment that meant that the code of prac...

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Committee

Justice Committee 15 December 2015

15 Dec 2015 · S4 · Justice Committee

Item of business

Police Scotland (Interception of Communications)

Matheson, Michael SNP Falkirk West Watch on SPTV

If I understand your point correctly, my initial answer is that there are no recommendations for the Scottish Government in the IOCCO report. Secondly, we are talking about an area of reserved legislation: the code of practice and oversight of it are reserved. Police Scotland has developed an action plan following its own review of the matter, given IOCCO’s initial findings. IOCCO then conducted a further, detailed investigation following the report that it received from Police Scotland in August this year. Over the period, Police Scotland has developed its action plan to address the issues that have been highlighted, and it has shared that plan with IOCCO to seek its assurance that the changes that were being made would address the concerns and issues that IOCCO raised and that they would prevent such a breach from happening again. IOCCO has now stated that Police Scotland has put in place robust measures to prevent a breach from happening again. We have an assurance from IOCCO—and an assurance through the action plan—that Police Scotland has taken a range of measures to prevent something similar from happening.

In the same item of business

The Convener SNP

We now move to evidence on interception of communications by Police Scotland, which follows a statement from the Interception of Communications Commissioner’...

Roderick Campbell (North East Fife) (SNP) SNP

Good morning, gentlemen. I am interested in the history of the matter prior to the publication of the code of practice in March 2015. I understand that, in O...

Deputy Chief Constable Neil Richardson (Police Scotland)

The reality is that the whole set of arrangements for authorising activity in that arena is subject to on-going guidance and annual checks by IOCCO and by th...

Roderick Campbell SNP

I am a wee bit confused about one matter. You talked about five requests that are subject to the arrangements that led to your attending this meeting. The re...

Deputy Chief Constable Richardson

I am sorry, but I do not have access to the specific report that you are referring to and therefore cannot correlate the two. In readiness for coming to the ...

Roderick Campbell SNP

Will you talk us through how you approached the five requests—leave aside the other seven for the moment—prior to the publication of the code of practice in ...

Deputy Chief Constable Richardson

Absolutely. As you would expect, there is a rigorous set of arrangements to ensure that standards are complied with and that checks and balances are in place...

Roderick Campbell SNP

Were the seven requests authorised by an independent officer who was not involved in any inquiry?

Deputy Chief Constable Richardson

That would depend on the required level of authorisation: of course, the more significant the level of intrusion, the higher the authorisation that is requir...

Roderick Campbell SNP

How much information do you have on the four requests that relate to legacy forces, and what happened with them?

Deputy Chief Constable Richardson

I have very little such information. However, in effect, there was national practice and there was very little latitude for individual forces to have their o...

Roderick Campbell SNP

When the code of practice was published, what steps did Police Scotland take to familiarise itself with it in order to review its practice?

Deputy Chief Constable Richardson

I think that it is on public record that the pace at which the guidance came into being was very aggressive. There is no doubt that that led to a more pressu...

Roderick Campbell SNP

For the record, who was the senior responsible officer?

Deputy Chief Constable Richardson

The SRO was Detective Superintendent Brenda Smith, who is still in place.

The Convener SNP

What actually went out to your officers on the change in the code of practice? How did it go out, and when?

Deputy Chief Constable Richardson

The information that came from the Home Office was circulated. There are a few points to make on that. The language of the guidance was quite complicated in ...

The Convener SNP

Do you have the timeline?

Deputy Chief Constable Richardson

I would need to check the specific date on which the email was sent; I do not have it in front of me.

The Convener SNP

It would be useful to have the timeline and to know how the information was circulated. Was there any response from officers on receiving the information? W...

John Finnie (Highlands and Islands) (Ind) Ind

Good morning. IOCCO undertook inspections in 2012-13. Did it voice any criticisms at that point?

Deputy Chief Constable Richardson

I do not have access to those findings. The important thing is that the level of adherence to the guidance was acceptable. In any inspection report there is ...

John Finnie Ind

Could you ensure that the reports are shared with the committee, please?

Deputy Chief Constable Richardson

I would need to check the availability of that information, but I am happy to have a look. If it is possible to share the reports, I will be happy to do that.

John Finnie Ind

What is the accredited list of structures?

Deputy Chief Constable Richardson

I am sorry. The accredited list?

John Finnie Ind

The list that is connected with IOCCO inspections for authorisation.

Deputy Chief Constable Richardson

I am not sure that I understand the question.

John Finnie Ind

Does the term “accredited list” have any currency in what we are discussing, as far as you are aware?

Deputy Chief Constable Richardson

I am not sure. The term is not familiar to me.