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Police (Ethics, Conduct and Scrutiny) (Scotland) Bill

As introduced, this Bill would require the police to have a code of ethics, make changes relating to the handling of police conduct, increase the functions of the Police Investigations and Review Commissioner and introduce an advisory board for the Commissioner.

This is a Government bill

The Bill was introduced on 6 June 2023 and is at Stage 3

Introduced: the Bill and its documents

Overview

The Bill makes changes in four key areas:

  • Ethics of the police
    • Requiring the police to have a code of ethics
    • Placing a duty of candour (a requirement to act openly and truthfully) on the police in primary legislation
  • Police conduct
    • Enabling changes to some of the processes in place for handling situations when a police constable may not have behaved appropriately. These are referred to as ‘procedures for misconduct’. The changes include:
      • the Commissioner having a greater role in those procedures
      • those procedures being applied even after someone has left the police
      • an independent panel deciding misconduct cases against senior officers
    • Requiring the creation of an advisory list and barred list of people who are, or have been, subject to proceedings under the procedures for misconduct
  • Functions of the Police Investigations and Review Commissioner
    • Increasing the range of possible functions of the Commissioner, including looking into:
      • some complaints that have been made to the police
      • incidents involving police from outwith Scotland
      • a practice or policy of the police, if it’s in the public interest to do so
    • Clarifying some issues in the existing legal framework around the functions of the Commissioner
  • Governance of the Commissioner
    • Introducing an advisory board to the Commissioner to give them advice on how the business organisation which supports the Commissioner should be run

Why the Bill was created

The Bill was developed in response to recommendations made by an independent review of complaints handling, investigations and misconduct in relation to policing. The review’s purpose was to make recommendations that would ensure the system is fair, transparent, accountable and proportionate. It’s overarching aim was to strengthen public confidence in policing in Scotland.

Accompanying Documents

Explanatory Notes (337KB, pdf) posted 06 June 2023

Policy Memorandum (380KB, pdf) posted 06 June 2023

Financial Memorandum (379KB, pdf) posted 06 June 2023

Delegated Powers Memorandum (203KB, pdf) posted 06 June 2023

Statements on legislative competence (117KB, pdf) posted 06 June 2023

Accompanying Documents (print versions)

Explanatory Notes (375KB, pdf) posted 06 June 2023

Policy Memorandum (494KB, pdf) posted 06 June 2023

Financial Memorandum (4MB, pdf) posted 06 June 2023

Delegated Powers Memorandum (254KB, pdf) posted 06 June 2023

Statements on legislative competence (159KB, pdf) posted 06 June 2023

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill

The Bill was introduced on 6 June 2023

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Timetable for Stage 1

On 1 November 2023, Parliament agreed that consideration of the Bill at Stage 1 be completed by 21 June 2024.

On 5 June 2024, Parliament agreed that consideration of the Bill at Stage 1 be extended to 13 September 2024.

Lead committee examines the Bill

The lead committee for this Bill is the Criminal Justice Committee.

Background research

A research briefing on the background to the Police (Ethics, Conduct & Scrutiny) (Scotland) Bill and a review of police complaints systems in other jurisdictions.

Police Complaints: Background Note by the Clerk (1MB, pdf) posted 26 June 2023

Call for views (closed)

The Criminal Justice Committee held a call for views to help inform its examination of the Bill.

Read the published responses

The call for views closed on 8 December 2023.

Meetings of the lead committee

Other ways the committee heard views and experiences

On Wednesday 17 April 2024, the Criminal Justice Committee heard informally from an individual with experience of the police complaints system. 

Read an anonymised note of the discussion (85KB, pdf) posted 14 May 2024

Correspondence: lead committee

Stage 1 Debate on the Police (Ethics, Conduct and Scrutiny) Bill

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 23 September 2024

Scottish Government Response to Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Stage 1 Report

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 3 September 2024

Police Scotland Response to Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Stage 1 Report

Letter from Police Scotland to the Convener, 30 August 2024

Scottish Police Authority Response to Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Stage 1 Report

Letter from the Scottish Police Authority to the Convener, 29 August 2024

PIRC Response to Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Stage 1 Report

Letter from the Police Investigation and Review Commissioner to the Convener, 29 August 2024

See a full list of Stage 1 correspondence for this committee

Work by other committees

Finance and Public Administration Committee

Finance and Public Administration Committee Correspondence

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Financial Memorandum - Letter of 4 June 2024

Letter from the Presiding Officer to the Convener of 4 June 2024

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Financial Memorandum - Letter of 20 May 2024

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 20 May 2024

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Financial Memorandum - Letter to Criminal Justice Committee of 16 May 2024

Letter from the Convener to the Convener of the Criminal Justice Committee of 16 May 2024

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Financial Memorandum - Letter from the Scottish Government of 22 April 2024

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 22 April 2024

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Financial Memorandum - Letter to Scottish Government of 16 April 2024

Letter from the Convener to the Cabinet Secretary for Justice and Home Affairs of 16 April 2024

See a full list of Stage 1 correspondence for this committee


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 12 December 2023.

Read the report


Stage 1 Debate and decision

A Stage 1 debate took place on 10 September 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Police (Ethics, Conduct and Scrutiny) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill.
  • Submitted by: Angela Constance
  • Date lodged: Monday, 09 September 2024
  • Motion reference: S6M-14398
  • Current status: Taken in the Chamber on Tuesday, 10 September 2024

See further details of the motion


  • Motion title: Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Wednesday, 26 June 2024
  • Motion reference: S6M-13797
  • Current status: Taken in the Chamber on Tuesday, 10 September 2024

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 10 September 2024

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Timetable for Stage 2

On 2 October 2024, Parliament agreed motion S6M-14733, that consideration of the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill at Stage 2 be completed by 11 October 2024.

Meeting on amendments

Documents with the amendments considered and debated at the meeting held on 2 October 2024.

Marshalled List of Amendments for Stage 2 (643KB, pdf) posted 27 September 2024

Groupings of Amendments for Stage 2 (693KB, pdf) posted 27 September 2024

Stage 2 Correspondence

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Stage 2 Additional Information

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 29 October 2024

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Revised Financial Memorandum

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 28 October 2024

Revised Documents

Revised Financial Memorandum (697KB, pdf) posted 04 November 2024

Supplementary Delegated Powers Memorandum (192KB, pdf) posted 30 October 2024

Revised Documents (print versions)

Revised Financial Memorandum (750KB, pdf) posted 30 October 2024

Supplementary Delegated Powers Memorandum (226KB, pdf) posted 30 October 2024

Committee work after Stage 2

Delegated Powers and Law Reform Committee

Meeting on 26 November 2024

Report published on 15 November 2024

The Bill ended Stage 2 on 2 October 2024

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Daily list of amendments

MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.

The deadline for amendments will be added when the Stage 3 meeting date is agreed.

Final version of the Bill

The final version of the Bill will be published following Stage 3 proceedings.