It gives me much pleasure to welcome Pat Shearer, chief constable of Dumfries and Galloway Constabulary and vice-president of the Association of Chief Police Officers in Scotland; Alastair Merrill, deputy director of police powers, performance and resources in the Scottish Government; Stephen Woodhouse, head of police performance, efficiency and funding in the Scottish Government; Alastair Crerar, project manager for police performance in the Scottish Government; and Barry Stalker, principal research officer for the court affairs, prisons and offenders analytical team in the Scottish Government. Thank you for coming to see us this morning.
Thank you for giving me the opportunity to speak to you this morning about the Scottish policing performance framework. The framework was developed in response to Her Majesty's inspectorate of constabulary's thematic inspection on managing improvement, which came out almost 24 months ago and contained a number of recommendations. Recommendation 6 focused on the need to develop a suite of performance indicators and to rationalise them, recognising that the police service reports to a range of bodies and in a range of manners.
Thank you, Mr Shearer. The committee will ask questions. Please feel free either to answer them yourself or to pass them to one of your colleagues. Fairly succinct answers would obviously be welcome.
Chief Constable Shearer said in his introduction that the performance framework is in its infancy, which is to be expected, and went into some detail in explaining how the performance framework has begun to be developed. We are grateful for that. How will the framework improve on existing performance management systems for the police in Scotland? What deficiencies are there in existing performance management systems? How will the new framework, as you put it in your introductory statement, assist in improving accountability, in continuing performance improvement and in improving outcomes? Those are just a few simple questions to start with.
There are different elements in the questions. On deficiencies, I think that we are maturing in our approach to performance management not just in respect of the police service in Scotland, but in relation to stakeholders who are involved with us. Historically, we have probably been too focused on areas that are easy to measure and, to a large extent, on crime and public order.
That was it. Am I right that you said that the performance framework will, once it is developed, create greater transparency and have a greater breadth, which will lead to significantly improved accountability?
Yes—I believe that that is right. The framework can also be used and populated more comprehensively at local level to reflect local priorities. It is not just about accountability but about individual forces measuring and understanding their own performance. For me, within ACPOS, that is one of the key elements to drive and continuously improve our performance.
It is about not just simply constructive criticism from bodies such as police authorities, but the ability to be self-critical.
Absolutely. The police service has to mature and improve in that area compared with our experience in performance management. There is a lot to be learned.
Thank you. I am obliged for those answers.
I want to move away from the technical language surrounding the operational side of your organisation, and to consider the situation from a community perspective and get into details of the policing activity that your organisation is involved in. If I live in an area that is affected by antisocial behaviour, what will the framework do for me in terms of policing activity?
In terms of policing activity, we acknowledge that we need to develop the antisocial behaviour measures more in the framework. There are currently no effective indicators reflected in the framework, but that is one of the developing areas that we have to get into.
The framework raises the issue of building in policing priorities. Will you give examples of such policing priorities? You provide statistics, but is it a problem that the public sometimes do not report crimes because they do not see the end product or feel that the police respond to them? Could you make dealing with that a priority? You could say that although the operational statistics that you present to elected representatives might show that there is not much reported crime in an area, that could be down to underreporting. Would you consider making underreporting a national priority?
Underreporting could be a national priority or a local priority: a benefit of the framework is that it can be used locally or nationally. We acknowledge that there is an issue in that there is reported crime and there is the crime that the Scottish crime and victimisation survey indicates. We want to bring the two as close together as possible, which would show public confidence in reporting crime. If that were a focus, we would want it to be reflected in the framework so that we could, as part of public reassurance and community safety, reassure the public that we were listening and responding to their priorities nationally and locally.
Many organisations and police forces are involved in the process. Given that many senior police officers, for example, will have different views on how to proceed, is it difficult to clarify priorities?
Clarification of priorities is a challenge, but we recognise that how we operate has a structure. For example, the framework reflects the national policing priorities that ACPOS has agreed. We also work on a commonly agreed approach to intelligence management, so we can set and agree priorities. The framework can be used locally, so through the consultation process, we can move to reflect local priorities as well as national priorities.
The framework is about balancing what is seen by the key national stakeholders—ACPOS, Audit Scotland and police authority conveners—as being important nationally with the flexibility to determine sensible local measures and to allow the relevant police board to hold a force to account. The framework is not about establishing a complete and comprehensive list of all priorities from national to local force levels—it is about setting out what is important, what we want to measure and what we want to achieve Scotland wide, and it is about allowing flexibility for forces, or units in forces, to set and agree local priorities that can be measured and reported on and on which they can be held to account consistently at local level.
I am interested in hearing a wee bit more about your performance measures. It would be useful if you highlighted examples of performance measures in the framework that will clearly capture the information that you want.
As Pat Shearer said, the framework is at an early stage of development. We would be the first people to acknowledge that it is not as comprehensive as it eventually will be. We are working hard on developing more indicators.
In what way are you actively seeking to mature in that? How do you want to improve the measures?
The move to having seven crime groups and separate detection rates for each group, rather than bundling them together as has sometimes happened, has been made in order to achieve clarity of reporting and accountability. This year, we are considering increasing the number of outcome indicators and having wider coverage to take in antisocial behaviour, youth offending and other matters that involve partnership work between the police service and the criminal justice system.
Alastair Merrill has explained that the framework takes into account the diversity among forces, but how will we know that, in the future development of performance management indicators, weighting has been given to ensure that we compare apples with apples instead of with plums?
It is important—both across time and across Scotland—that we compare apples with apples. That is why, at this stage in the development of the framework, we are emphasising the quality of the data and working with the different forces—the ACPOS performance management business area is leading the way—to ensure that forces gather the same data in the same way so that the information is comparable. That work is on-going. The performance information IT system, which Pat Shearer mentioned at the start of his evidence, should contribute to that, as should increased use of national IT and data systems across Scotland.
The framework is intended to lead to greater accountability and transparency. We have seen some examples of published information, but I imagine that you will, through the current work, want to publish information in a way that can be easily understood by the public. What plans do you have, in the on-going IT work, to ensure not only that the information is understandable to all the professionals, but that it also means something to the public?
In that respect, we are on a journey. Through the performance management system, we will be able to drill into all our core systems: our command and control of crime system, our human resources system and so on. Although on a day-to-day basis there will be great benefit in forces' being able to understand their own performance and to continuously improve, the difficulty is that we have always looked back instead of using such information to look forward. Ultimately, through the performance management business area in ACPOS, we want to start pushing that information out to the public in a way that makes it understandable to them. That may be through our internet sites. Ultimately, we should be able to drill down to local communities and we should be able to present the information in a format that makes it understandable to them. We will undertake consultation on that.
Are you confident that you can do that?
I am confident that we will be able to do it, although we cannot do it currently. The performance system will make it easy to pull out that information and, ultimately, it will be possible to push it out to the public. In my previous force, in Grampian, I introduced a performance system that has been a pilot for the present one. It will be much easier to push out the information once it is clear to us what the public want. The system will enable us to publish detailed information that goes down to the level of local communities. It will no longer be a case of continually aggregating up figures; we will be able to publish more detailed figures so that local areas will understand the service that they are getting.
What is the timeframe for that?
We are going through the procurement stage for the performance system at the moment. We are just about to sign a contract, and we are looking at a roll-out over the next 18-month period. That is quite a challenging timescale, but the system will put us significantly on the front foot in terms of accountability. It is not just about being more accountable, though; it is also about being able to manage our performance and drive continuous improvement, which is important when money is tight.
Good morning, gentlemen. I suppose that it is a matter of striking a balance, but is there any danger that, in pursuing the performance targets in the framework, efforts will be diverted away from other policing priorities? The public's worry is that—whether in respect of the teaching profession, the medical professions or the policing professions—people might spend so much time in acquiring data that they do not get on and do the job. Do you have any concerns that, as we try to become more sophisticated in acquiring data and in the range of data that we acquire, people will be taken away from the main purposes of their roles?
Absolutely. That was raised as a significant concern in the business case for introducing the performance management system. It was recognised that we do not want to create an industry that continuously diverts resources to pulling out information from all our systems. If our performance system rides on top of our core systems, that will do the job automatically for us and for the £8.3 million investment, we will get significant returns and significant savings. The performance system addresses resources' being used in ways we would not necessarily want them to be used. We want to be able to use our resources on the front line.
It is worth saying that there are no targets in the framework; there are merely indicators, which are there to give a direction of travel. Some of them might go up, some of them might go down—they are not targets, as such. Therefore, I do not think that the problem to which Margaret Smith alluded, which is a real concern to us, should exist.
Does Alastair Crerar want to add to that?
No.
I want to pick up on the role of the public in all this. It seems to me, from what you have said so far—I hope that I am not misquoting you—that the public will come into the process some way into the development of the performance system. The system will pull together a certain amount of information in terms of performance indicators, and it will present that to the public, asking what they think before inputting along the way what the public feel. What input did the public have at the outset of the process? Were they involved in setting high-level objectives and so on? Has any work been undertaken with individuals or groups in order to root the system in the reality of what many communities experience?
I will take Margaret Smith's last point first. The context that you mentioned—underreporting of crime—is where our survey and consultation approach is important. One of the measures of success for me will be if we can start getting our reported level of crime nearer to what the survey levels are indicating. That will be almost a target—one of the outcomes that we are looking for—so that the framework accurately reflects the context in which we are operating. That is a challenge that particularly concerns the issue of public reassurance. If the public are reassured about our activity and how open we are, we will, I hope, see that working its way through in terms of reporting crime. That is one of the challenges, and one of the areas in which we will measure—in a sense—how close we are coming to that survey.
Good afternoon, gentlemen. I am aware that in order to achieve a number of objectives within the current performance framework, the police will be required to engage with a number of other agencies. Can you explain how the contribution of the other agencies to achieving those objectives is dealt with in measuring police performance?
Okay. Very briefly, it is about a collaborative approach. The senior strategic steering group represents the key bodies that are involved: the Scottish Government, Audit Scotland, ACPOS and police authority conveners. At times, there are opportunities to consult more widely. It is very much about a partnership approach and bringing in the key stakeholders to ensure that the areas for which we are accountable are represented.
The other aspect concerns the partnership outcomes that we are all seeking to achieve regarding criminal justice, safer communities and so on. We are capturing those within the framework through the high-level objectives and some of the outcome indicators. It is impressive that, within the senior strategic steering group, ACPOS has been prepared to sign up to objectives and outcome indicators that are not completely in its gift, for example on crime rates—reducing reoffending—or road casualty rates. The police service is one of the partners involved in achieving positive outcomes in those areas, and although it is not the only organisation responsible, it has clearly agreed to take on some of the responsibility through the outcome indicators.
I want just to draw that out, because there are a lot of partnership agreements in relation to the framework, work on which has to be undertaken. You said that you need to get the partners on board with some of the issues that are coming up, and I assume that there is some flexibility in taking the framework forward. We are only just over six months into the performance framework, and there will be lessons to be learned for the future, but the question is how you engage with the other partners to ensure that you are working within the same framework. You are right to say that if there are other frameworks in place, those must mirror what is in the performance framework for policing, because there is no point in having such a framework if other frameworks do not tie into that and have the same objectives.
Yes, absolutely.
That is very much a challenge for us and for the Scottish Government in looking across the public sector. For example, some of the measures around drugs that are of interest are clearly in the partnership area. This is about being able to hold others accountable and to get agreements—in that respect, there is a lot of work to be done. It is acknowledged that the partnership area is particularly challenging, but we can assist in developing and leading in that area, and I hope that we will have some success.
We turn finally to some questions on the Scottish crime and victimisation survey, which, as you will be aware, has provoked considerable interest, if not excitement. Perhaps I can start by asking why, in carrying out the survey—and I appreciate that it is now a year old or thereabouts—you did not ask the public about police visibility when trying to determine the levels of public anxiety about crime.
I will pass that question to Barry Stalker.
The survey covers quite a broad range of areas, and a lot of it is based on work that has gone on in the past. Over time, there have been trends for previous questions, and that limits the amount of space. The questions have been quite settled over time and, going back over the years that the survey has been running, there has not been, in my understanding, a level of interest that would allow us to change the questions to include questions on precisely the issue that you raise.
The convener raises a very relevant point—visibility is the key issue for a range of members of the public and therefore it is an area in which we should be starting to develop surveys. In my area of responsibility—the performance management business area—we have started to develop a specific work stream in conjunction with the Scottish Government, so that we get real value out of not just national but local surveys. That will also ensure that there is some consistency and real currency, and visibility is a key issue.
Thank you for that reassurance.
The survey states that 57 per cent of respondents were generally satisfied with the way in which the police handled matters that were reported to them. Do you have any indication of the reasons why people were not satisfied with a police response? I am thinking of police response times or follow-up procedures. Did you get any information on that?
Are you asking whether there are data that would allow us to see the reasons why people were not satisfied?
That is correct.
I do not think that we have that analysis—
Why not? It is important to look not just at satisfaction levels but at dissatisfaction levels. Why, from a technical point of view, was such an analysis not included? Would Mr Shearer also like to comment?
I suggest that I get back to the committee on the issue in writing, as the information that the member seeks is not included in the written evidence that we have submitted. I would like to review the previous reports, so that I can be clear on the matter. I am not saying that we do not have the figures, but we do not have them to hand.
Did the survey inquire into the reasons why people were not satisfied?
I would like to look at the questionnaire before answering that question.
Okay. Perhaps the information could be supplied to us in writing.
Absolutely. In my force, we focus in our local surveys and in our contact with the public on what people are dissatisfied with and why. Response times are raised frequently; clearly, much depends on the rurality of an area and on demand. Another common issue in both the north and the south of Scotland is feedback—updating complainers. Looking at areas of dissatisfaction is important, so that we can start to iron them out. I know that forces address the matter in local surveys and try to put in place strategies to counter dissatisfaction.
Should surveys such as the one that we are discussing focus clearly on that side of the equation, as well as on satisfaction? Do you think that the focus of surveys could be improved? Is it fair to say that, if you were to get information on dissatisfaction levels, it would help you to achieve the performance outcomes for which the framework has been set up?
Absolutely. There is always scope for improvement. We now have a much more cohesive approach and are working together to develop future surveys. We want to co-ordinate local surveys, so that there is consistency and it is possible to compare them across forces. We also look at the complaints process and feedback through the complaints commissioner. However, that is away at the extreme—we should not have to wait for the complaints process and should pick up dissatisfaction through surveys.
There are two ways of looking at the surveys: there are the previous crime surveys, which were conducted outwith the context of our work on the performance framework; and there are future crime surveys. We are working closely with colleagues in the police performance team on future crime surveys and are seeking to address the issue that the member raises. The 2006 survey report may not have the same coverage because—
Is it fair to say that future surveys should have added value, because they will include the other side of the equation?
I agree that it would be good for us to look at dissatisfaction levels. We will definitely consider the issue.
I hope that there will be more than consideration and that a change will be effected, because it would be good for you to inquire into dissatisfaction levels.
Bill Butler has spoken about the need to make use of what is in the survey and to look behind what it includes. I do not have the questionnaire in front of me, so I am not sure how much focus it places on crime and how much it places on victimisation. I am probably stating the glaringly obvious when I say that there seems to be greater dissatisfaction among victims than there is among people who have reported crimes on behalf of other people or who have not been the victims of a crime.
You are right to say that the issue is not just our contact with victims but how people are dealt with at every stage of the criminal justice process. In the context of the Scottish policing performance framework, we want to develop that wider aspect through our partnership approach to the national criminal justice board, so that we minimise the number of times people must appear in court and so that we consider outcomes. That is an important element. Barry Stalker will talk about how the survey dealt with victimisation.
A benefit of the crime and victimisation survey is that it focuses on victimisation and seeks a broad range of data from victims and the general public. Victims have much information to give, based on their experiences. The recently-published report gives a good idea of the range of information that we have.
Can you pull together some of the wider information into a written submission to the committee? I think that most of us agree that we need to make use of the survey to develop better services for victims.
We will be happy to do that.
You discuss the results of surveys, of course, but are the results disseminated throughout the police service, right down to the constables on the beat?
Absolutely. I can give an example of how Dumfries and Galloway Constabulary learns from expressions of dissatisfaction. It is unfortunate, but a recurring issue—not just in my area—is victims' dissatisfaction with the feedback that they are given. People want timeous and detailed feedback. That is constantly fed back down the line. Officers down the line might not see the whole picture, but they are given the learning points that emerge and the whole picture is available to them if they want to see it.
When I was a local councillor I was more aware of dissatisfaction than satisfaction—such is life. The main dissatisfaction was about inaccessibility. I noted that one of the context measures in the Scottish policing performance framework is the
That is a key element in relation to surveys that show a higher level of crime than the level of reported crime or incidents. In moving towards success in that area, if we can narrow the gap, that will show that we are getting closer to obtaining public confidence in reporting.
Thank you, gentlemen. Two matters remain outstanding—first, a response to Bill Butler's question, and, secondly, a response on victimisation, which was raised by Margaret Smith. If you provide answers on those matters in writing, that will complete your evidence to the committee.
Meeting suspended.
On resuming—
I welcome the second panel. Dr Kenneth Scott was head of the school of social studies at Bell College, which is now part of the University of Paisley, and also director of the Scottish centre for police studies there. Our second witness is Daniel Donnelly, who was a long-serving officer in Strathclyde Police, latterly as divisional commander of E division, and who left the hurly-burly of policing in the east end of Glasgow for the scented groves of academe.
I will lead, convener. Thank you.
Thank you. Do you wish to say anything at this stage, Mr Donnelly?
No, that was fine.
It was a fair and succinct summation. We now come to questions, and I invite Paul Martin to begin.
Good afternoon, gentlemen. You have quoted statistics on the increase of more than 4,000 police officers between 1976 and 2007. Has the number increased in line with statistics on crime in local communities?
I suspect that the increase has tended to be more related to the requirements placed on the police service and the wide range of activities with which the Scottish police service now has to engage. There are some problems with the statistics, in relation to the extent to which the numbers filter through to front-line activity.
Other concerns might be about the political drive towards an increase in numbers, which might not be related to crime. The political drive to increase numbers might come from a minister who has decided that there should be an increase by a certain number. However, that does not take into consideration some of the statistics to which you referred.
Yes, political considerations obviously come into play. To make a fairly obvious statement, I think that simply increasing numbers is not itself an answer to the issues that you are directing attention to. It depends on deployment, and new recruits will not necessarily be able to be deployed in the range of activities in which the police need to operate. Some care has to be taken, and the numbers have to be considered alongside issues of internal management, how human resources are deployed and what other resources are available to ensure efficiency.
I remember Dr Donnelly in his previous life as Chief Superintendent Donnelly. He and I had some robust discussions about the need for additional policing resources in the Glasgow Springburn constituency. We have just referred to the most effective use of the available resources, which is a matter of looking at the number of police officers in an authority area, for example Strathclyde, and deciding how to make best use of them. Can the panel give the committee any advice on, or a specific example of, how we can make best use of the available police resources?
In many ways, the police are a hostage to fortune. To return to the original question, a proportion of additional resources is connected to additional workloads outwith the police's control—for example if the police, as they are doing just now, develop more of a strategic approach to policing in crime analysis and the gathering of intelligence. Sex offenders units are another example of where part of the increase in resources goes immediately to exceptionally important aspects. What is left for the police to play with is usually fairly minimal.
If a directive from the centre says that the best use of resources is to place officers on the streets, how does that fit in with the idea of making best use of resources? There may be a local argument to say that resources are not best used in that manner. Are directives that are as specific as that helpful in making best use of resources?
There must be an acceptance of fluidity at the local management level. Issues come up on a daily basis. That has been part of the dilemma of policing since time immemorial.
Perhaps you could address an issue on which we have struggled to get answers in the submissions that I have seen so far. Will you highlight any areas of work in which the police have a remit but really do not need to have one? I mean tasks that do not need to be done by the police but could sensibly be done by other people.
One aspect is that community police officers are involved in many tasks that have no real requirement for a sworn police officer—attending local events, for example—but it is a valuable part of a community police officer's role to be out in the community whenever possible.
Does that suggest that there is consensus that the tasks that the police are doing at the moment are those that they should do?
That is not 100 per cent true. The police are involved in some tasks because they are the only ones there. They are the first resort in many instances, but the service is fully cognisant of that and, slowly, other folk are taking on those roles.
Has an appropriate balance been achieved between nationally provided police services and services that are provided by local forces? If not, what needs to be done to address any imbalance between the funding streams and the resources that are available?
Let us take the example of the Scottish Crime and Drug Enforcement Agency. It is a fairly new organisation and it has a requirement for additional resources, for which it will advertise in the coming year.
I support that. With the recent creation of the Scottish Police Services Authority, a general case can be made for saying that it is important to make efficiencies by dealing at a national level with things such as—as the SPSA is doing—training, the Scottish Police College and the Scottish Criminal Record Office. The SPSA is also about to take on the provision of IT. Arguably, that development is long overdue, given that efficiencies and economies of scale can be achieved by dealing with such matters on a national basis. Other issues that might come up in due course include recruitment, for which a more central system might be developed.
Is there consensus among the police and among the public about what the police should do? Does that provide us with clarity on how to set priorities?
I think that there are two sides to that. Like members of any organisation, the police are possibly unwilling to give up things that they already do. That is a given of organisational life. Back in the 1990s, the Home Office produced a considerable report on what were called the police's core and ancillary duties. The report found it impossible to come to a conclusion on the issue, and I am not sure that the position has moved on very much since then. As Dan Donnelly said, the police are providers of both first resort and last resort.
The committee is aware that the UK Government commissioned an independent review of policing in England and Wales, which reported recently. I confess that I have not read that report. Can you comment on how relevant the report might be to us in Scotland?
Sir Ronnie Flanagan has published an interim report; I think that he is due to publish the full report in January. The report deals with a number of important issues that are related to the committee's concerns about bureaucracy, accountability and performance management.
The committee will be issued with copies of the interim Flanagan report in due course. We now come to civilianisation, questions on which will be led by Cathie Craigie.
The witnesses' book "Policing Scotland", which was published in 2005, highlighted the considerable extent to which Scottish police forces had been civilianised—in fact, a third of the total Scottish police force was civilian. In response to our call for written evidence, the Scottish Police Federation sent a submission in which it claims that there has been a 60 per cent increase in the number of civilian support workers over the past 10 years—from just under 5,000 to nearly 8,000. Can you outline the extent to which work connected with policing is now carried out by civilians? You referred earlier to community councils and to community events that police are expected to attend. Can you scratch the surface a wee bit and help us understand what areas are being covered by civilians?
Yes. Back in the 1980s, three categories of civilianisation arose. The first was roles for which a police officer was not required, the second was roles that a civilian could carry out but which a sworn police officer would oversee and the third was roles for sworn police officers only.
I get the impression that you have used that example before. In your experience, do you believe that benefits have been achieved through civilianisation? What problems have been caused by it?
There have been a lot of benefits. One of the best is getting a workforce that is not transient. The civilians are always there, developing their skills, whereas police officers tend to get moved about every couple of years. That is the nature of their role. With civilianisation, there is a tendency for individuals to remain, to develop and to become expert—in many instances more expert than the police officer might have become.
Are there areas of policing in which civilianisation could and should be developed, but an individual or an organisation is holding that back? Could Scotland benefit from looking at examples of the use of civilian staff in other countries?
There are such areas, but the will has to exist within the organisation. To give credit to the police, they now acknowledge that there are other areas that can be civilianised.
Where is the pilot in England?
It is part of the modernisation programme in the Surrey Police. It is just one example.
Dr Donnelly described a crime scenario and said that, all through the process, people would be dealing with civilians in the police service rather than with an actual police person. How would the public perceive that? Something that comes through time and again in research is that members of the public do not think that we have enough police. Members of the public feel that they cannot find a police person when they need to. In the scenario that you described, it was clear that, from beginning to end, no police person would be involved.
One would like to think that no police officers are in the office because they are all out on the street, and one would like to think that the public would notice the more visible police presence on the street, but as Ken Scott said, mindsets have to change for the 21st century—not only among police and politicians but, more important, among the public. For example, everyone uses 999 for police calls, but in many cases that is totally unnecessary. We have to encourage the public to change the way they do things. It is not just the police, the public services and the politicians in local government and central Government who have to change; the public have to change too.
We have talked about releasing police officers from certain duties to give them more time. Community police officers work to shift patterns, which is understandable, but there will have to be a culture change within the police service so that community police officers have shift patterns that relate to the local crime trends. As we have said on many occasions, convener, criminals do not work to shift patterns; they work to patterns that suit them.
You are entirely right but, in fairness to the police, they are looking into that. Things have changed somewhat since you and I discussed the issues seven years ago: shift patterns have changed, more flexibility has been brought in and there has been more acceptance from associations such as the Scottish Police Federation of what is required for the new century. When we consider some of the programmes that are being run on workforce modernisation, we see that such issues are being taken into account.
I imagine that, over the years, there have also been some stormy meetings at London Road.
Will you summarise the main strengths and weaknesses in the current arrangements for police governance?
That sounds like a good examination question.
You have two minutes.
The tripartite system has been in place for quite a long time. In its time, it reflected the balance of interests in policing as a national, local and independent process. It was important that an element of police independence was built into the system.
You have anticipated some of our questions.
I will not pursue the issue of police boards and police authorities. If I went down that road I would be stepping on the convener's toes. I am more interested in strategic governance, on which you have touched. Slightly controversially, you said that the balance has tipped towards central Government. Some people would argue that, because ministers do not appear to have powers under statute to set policing priorities, all that ministers and Parliament can do is set a framework and give a general idea of what they want people to do and of the budget that is available. At least on paper, operational decisions are in the hands of chief constables, who must take cognisance of boards and local authorities, but you are saying that the reality is very different. How do you justify your claim that power has shifted towards central Government, given that—on paper—operational decisions are still taken by chief constables?
South of the border, much of the imbalance is enshrined in statute. Acts such as the Crime and Disorder Act 1998 show transparently how the balance has shifted. Our studies have indicated that in Scotland there is little legislation and little on paper that says how the tripartite system works in practice. The Scottish Parliament has passed a massive amount of national legislation—about a third of all acts of Parliament during the first two sessions—that impinges on the police. Not all the acts have been on the police, but they have impinged to some extent on police activity. That has not necessarily been done consciously, but there has been a centralising process in that matters that are enshrined in statute to an extent determine priorities.
Is it your view that we do not, at the moment, have a police service that is truly independent of political control?
I would not say that it is politically controlled, but there are increasing political influences in the sense that a national view has been taken of what is required of policing.
Do you believe that the priorities of politicians and the public are reflected in the priorities of individual police forces? To some extent, one would expect that to be the case because both politicians and police forces are meant to be servants of their communities—they get the same messages from the same people.
That may be the case more now than in the past, although it perhaps worked the other way in the past; chief constables may have been closer to their communities and may have been able to take those messages. Certainly, there is a centralising tendency that conveys messages to chief constables about what the priorities are.
We alluded earlier to Sir Ronnie Flanagan's interim report, which says that there are insufficient mechanisms to allow the man in the street to get his point across. The report suggests that, in the context of neighbourhood policing, a slice of the budget could be spent by local communities, which could then see policing's impact. That is high on the agenda in other areas in the UK.
Good afternoon, gentlemen. Let us return to Mr Scott's comments on the tripartite system. You said that it was fine in its time, but you went on to list several deficiencies that stem—in your view—from the fact that the balance is now tipped too far towards central Government or the chief constables. When you were asked whether police boards can carry out their duties effectively within the tripartite system, your answer was that they cannot. When you were asked about the extent to which police boards can challenge or hold to account chief constables, your answer was that they can do very little. When you were asked whether it is possible to represent local communities, rather than a centralised council, on police boards, you said that that would be very difficult. You also talked about a lack of resources.
There are several points to make. One possible model, which is being thought of in local government terms, relates to the fact that a conflict, or at least some tension, exists in being the provider of a public service while also monitoring and scrutinising that service.
I understand the general sense of what you say, but if you are arguing for what is predominantly a scrutiny role, I note that you said that elected members on police boards lack the resources to challenge a chief constable effectively on his or her operational priorities and why they are correct. How would you beef up the scrutiny role for which you seem to argue to give elected members more resources, by which I think you mean more viewpoints and more sources of information rather than simply the word of—God bless him or her, but usually him—a chief constable?
The board needs to be given some kind of manpower or personpower resource. As you probably know, as you come from there, Strathclyde joint police board, which covers half of Scotland, is resourced with one clerk and one assistant clerk.
I was never a member of the board, but I will take your word for that.
The resource is of that order. A huge amount would not be needed to increase that resource and have some independent servicing to the board, whereby information could be provided to it. That is the kind of resourcing that we would need so that if the board needed information, it would not be the case that it could obtain the information only from the police service.
Where should that resource come from? Should the councils that form a joint police board contribute pro rata according to their populations? Alternatively, are you arguing that the 49 per cent that comes via councils should come from the centre? That would go against your point that there is too much centralisation. Surely that would place too much resource power away from local government—although I guess that is only in form—and with the grant-aided expenditure settlement.
I will use an analogy to answer that. When the performance management systems in the police service came into being, the eight Scottish police forces were not prepared for it. Over the years, they have developed audit, scrutiny and IT systems—those are well resourced in all the forces. If the role of the police authority changed along the lines that Ken Scott suggested, to deter duplication, I would imagine that some of the funds could come from there. The forces have no choice but to invest in that type of resource in order to produce the bureaucracy and the data. Would it not be better that the outside group—the police authority—did that, and killed two birds with one stone? I am sure that the funding would be adequately covered by taking some of the chores from the police service.
Your point is well made, Dr Donnelly.
At the risk of suggesting even more committees, Flanagan makes the point in his interim report that if there is a focus on policing at the community or neighbourhood level, obviously accountability should also be at that level. Maybe, therefore, we have to think again about how to represent the voice of the community at those levels. Nobody is saying that that is easy. It is always quite difficult to set up public meetings and so on, and they still do not necessarily give a balanced view of the population.
I do not know whether this is the case, but people could interpret what you are saying as an argument for self-nominating local committees that, unlike councillors and elected members, do not have direct accountability to the electorate. Do you accept that?
I prefaced my remarks by saying that it is quite difficult simply to have that kind of self-nomination. There is an issue at the level of general principle, and then there is the much harder job of working out how that might work.
I have one last question. You said that the tripartite system needs revamped—that is the thrust of what both of you have been saying. However, there are two areas that you did not specifically refer to as either working or creaking: controlling the budgets of police forces; and helping to ensure that best value is achieved in arrangements for policing—in other words, ensuring a proper balance between quality and cost of performance. How does the present system deal with those two areas? Well? Poorly? Just?
It would not be my place to focus on any particular police force. Police authorities are now statutorily responsible for some of those tasks. Any additional support and expertise for the police authority would only make for much better scrutiny of the local force. That is the best answer that we could give. Like everything else it can be improved, but the group that could do a lot of the improvement probably does not have the expertise or professionalism to do so.
So it is the resource that provides the expertise and the professionalism that is needed.
That improves the scrutiny and the audit.
I have one final question, gentlemen. You were present at the earlier evidence session. Do you have any comments on the Scottish policing performance framework?
Not really. It is a comprehensive framework, and I await with interest the measurements at the end of the day. The proof of the pudding will be how the measurements come out at the other end.
Thank you—it has been a most interesting session and the committee is very grateful.
Meeting suspended.
On resuming—
Item 7 is fairly simple and straightforward. In the course of the inquiry, the committee will take evidence from a number of witnesses, some of whom may seek to claim expenses. I ask the committee to agree to delegate to me responsibility for arranging for the Scottish Parliamentary Corporate Body to pay witness expenses in relation to the committee inquiry.
Members indicated agreement.
Meeting continued in private until 13:47.
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