Justice Committee

Meeting date: Tuesday, June 25, 2019

Official Report 569KB pdf

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Justice Sub-Committee on Policing (Report Back)

Our next item of business is a report back from the meeting of the Justice Sub-Committee on Policing that took place on 13 June. I refer members to paper 3, which is a note by the clerk, and I invite John Finnie to present his report.

On 13 June the Justice Sub-Committee on Policing took oral evidence on Police Scotland’s proposal to introduce the use of digital device triage systems, commonly known as cyberkiosks, to search mobile phones. That session was held with the Cabinet Secretary for Justice.

The cabinet secretary told the sub-committee that it is for Police Scotland and the Scottish Police Authority to satisfy themselves that they have the legal basis to proceed in deploying cyberkiosks, adding that,

“if there is a difference in opinion in relation to the law, it would be up to the courts to make a determination”,

although he said that he was

“not advocating that approach”.—[Official Report, Justice Sub-Committee on Policing, 13 June 2019; c 5.]

The cabinet secretary explained his intention to form an independently chaired reference group to scope the possible legal and ethical issues arising from new and emerging technological developments. He confirmed that the group could also consider existing technologies, such as cyberkiosks. The intention is that the work of the group will be open and transparent, and that ethical and human rights considerations will be central to its work.

11:30  

The cabinet secretary confirmed that he is confident that lessons had been learned from the proposal to roll out cyberkiosks, and that Police Scotland has the necessary processes in place to provide confidence and reassurance to victims and witnesses of a crime whose phones may be searched.

However, the cabinet secretary also acknowledged that Police Scotland had been unable to address the concerns raised by the Scottish Human Rights Association and the Information Commissioner’s Office, telling the sub-committee that

“it is incumbent on Police Scotland and the SPA to do their utmost to give as much confidence as possible to the public”—[Official Report, Justice Sub-Committee on Policing, 13 June 2019; c 16.]

prior to deploying cyber kiosks.

The evidence session was the final one on the issue prior to the summer recess. I understand that Police Scotland intends to deploy cyberkiosks in late summer.

There are no questions from members. Thank you for that report, John.

Before we conclude in public, as this is the last meeting of the Justice Committee before the summer recess, I take this opportunity to wish everyone a restful summer. We will return in September.

I will also take a moment to express on the record the committee’s thanks to the longest-serving member of our clerking team, Christine Lambourne. Christine will be retiring from the staff of the Scottish Parliament at the end of the month, having supported the work of the Justice Committee over the past three sessions—she must have a medal for that, and I believe that it is something of a record. Well done for that. Christine’s dedicated and professional approach to her work has won her the respect and gratitude of all those she has worked with over the years—both past and present committee members—and her work behind the scenes has contributed immensely to the smooth running of our committee and our meetings.

Christine, on behalf of the members of the Justice Committee, I say thank you and wish you the very best for the future.

I ask John Finnie to say a few words on behalf of the Justice Sub-Committee on Policing.

There will be very few words, as the committee convener has covered it comprehensively—Christine’s continual support, often in the face of very testing time schedules, and her professionalism. I am—despite sitting with my back to Christine—very grateful for all her support. I give my personal thanks to Christine, who has been very helpful to me.

With that, I bring the public part of the meeting to a close. We will continue in private.

11:32 Meeting continued in private until 11:55.