We have six negative instruments to consider: five are the final tranche of instruments that will come into effect in advance of the implementation of the Police and Fire Reform (Scotland) Act 2012; there is also one other instrument.
Police Service of Scotland (Performance) Regulations 2013 (SSI 2013/61)
The regulations aim to transfer the existing procedures relating to the poor performance of constables below the rank of assistant chief constable to the new single force and establish a new requirement on the Scottish Police Authority to establish procedures relating to poor performance of constables at or above the rank of assistant chief constable. The Subordinate Legislation Committee raised a concern about defective drafting—breaking news, eh?—in relation to the appeals procedure, and the Scottish Government has undertaken to correct that. Do members have any comments to make on SSI 2013/61? Please can I have something, even just a sound, out of you?
I do not have any comments to make.
Thank you. It is good that someone spoke. If members are silent, I do not know whether they agree or disagree.
Police Appeals Tribunals (Scotland) Rules 2013 (SSI 2013/63)
The rules update procedures in relation to appeals to reflect the provisions of the Police and Fire Reform (Scotland) Act 2012 and the SPA’s role. The Subordinate Legislation Committee has drawn the rules to the Parliament’s attention on the basis of an unexpected or unusual use of powers. It feels that the constitution of police appeals tribunals should have been addressed through the relevant schedule to the 2012 act rather than through subordinate legislation. The Scottish Government has argued that, as this is a supplementary provision, “there is vires for” it.
Scottish Police Authority (Provision of Goods and Services) Order 2013 (SSI 2013/73)
The Subordinate Legislation Committee agreed to draw the order, which makes provision in relation to goods and services provided in connection with the SPA’s functions, to the Parliament’s attention on the basis that its form or meaning could have been clearer. Further information is set out on page 25 of paper J/S4/13/10/1.
I have concerns about the order. The Official Report shows that when, during the evidence taking on the Police and Fire Reform (Scotland) Bill, I asked the cabinet secretary about “back-door privatisation” he assured me that
Before I say any more, I must point out that the order comes into force on 1 April and that this is the last opportunity for a member to seek to annul it without things becoming very complicated. [Interruption.] The clerk is giving me some information, but I will let the debate continue before we decide on the process.
I wonder whether Jenny Marra can explain her interesting assertion. After all, we heard an unequivocal assurance that there would be no privatisation.
Convener, can I respond?
Of course. You have been challenged, so you should respond.
The Official Report shows that when I asked the cabinet secretary about what could be contracted out he mentioned information technology services. However, if my reading of the order is correct, it opens up more possibilities, including forensic services.
John Finnie has asked one of my questions but I note that, according to page 22 of paper 1, ministers want the police to be able to “honour contracts with organisations” that will exist on 1 April. I think that that should allay Jenny Marra’s fears in that respect—I certainly did not pick up anything about privatisation in the cabinet secretary’s response.
I think that the Scottish Government’s comment in paragraph 12 on page 23 of paper 1 could be clearer in specifying types of persons and services, as outlined in the schedules to the order, which I found extremely vague. I think that the order could be made to apply in many circumstances, and it would be useful to get an additional comment from the cabinet secretary to confirm that we are not going to get even inadvertent policy creep. There is a worry about the problems that have arisen in forensic science in England and Wales—where some parts of the service are bankrupt—and we do not want matters to sneak in that direction by mistake.
As paragraph 10 on page 23 of paper 1—it is in annex F—makes clear, the order seems to cover more than information technology; indeed, the order itself refers to
Given the situation, it would be useful if a letter was sent to the cabinet secretary—with the committee’s leave—indicating the nature of our exchanges via the Official Report and asking him to comment and respond. If we send him our exchanges, that will take us forward.
We will have the Official Report, and we will get something back from the cabinet secretary.
Police Service of Scotland (Temporary Service) Regulations 2013 (SSI 2013/76)
The regulations make provision for temporary service outwith the police service of Scotland. The Subordinate Legislation Committee did not have any comments to make on the regulations. As members have no comments to make, is the committee content to make no recommendations in relation to the regulations?
Police Federation (Scotland) Regulations 2013 (SSI 2013/86)
This fifth and final instrument that we must consider before 1 April provides for the restructuring of the Scottish Police Federation in the context of the new single service. The Subordinate Legislation Committee did not have any comments to make on the regulations. As members have no comments, is the committee content to make no recommendations on the regulations?
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2013 (SSI 2013/92)
Our final instrument for consideration today provides that, in certain circumstances, a solicitor will no longer receive fixed payments for work done in connection with a grant of assistance by way of representation, but will instead receive a payment based on time spent and work done. The Scottish Government has consulted the Scottish Legal Aid Board and the Law Society of Scotland, both of which are content with the proposal. The Subordinate Legislation Committee did not have any comments to make on the regulations. As members have no comments to make, is the committee content to make no recommendations in relation to the regulations? Are members awake?
Thank you.