Regulation of Investigatory Powers
To ask the Scottish Government what its response is to reports that Police Scotland has breached the Regulation of Investigatory Powers (Scotland) Act 2000 on multiple occasions. (S4T-01109)
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 Interception of Communications Commissioner’s Office, which has made clear that it would be wholly inappropriate for it to make public the identity of the police forces under investigation while its investigation is on-going and it has set out the reasons for that. In light of the IOCCO investigation, it would not be appropriate for me to comment further, other than to say that ministers expect all public authorities in Scotland to comply with the code of practice on accessing communications data.
Those spying allegations are significant, because we have those new rules to protect the confidentiality of journalists’ sources, the anonymity of whistleblowers and the freedom of the press. That is what is at stake if the rules are illegally circumvented. Has the cabinet secretary discussed those claims with the chief constable and, irrespective of whether it is confirmed that Police Scotland is one of the two forces that contravened the new rules, what steps are being put in place to ensure that the rules are not breached in the future?
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 happen. That is why we welcomed the code that was produced by the United Kingdom Government in February and implemented in March, which will ensure that there is judicial oversight of any decision making on communications data relating to journalists and journalistic sources.
It is worth keeping in mind what IOCCO has said about the matter. It has stated publicly:
“It would be wholly inappropriate for us to name the two police forces whilst we are still in the process investigating fully these matters. Our primary concerns are to ensure that our investigation process is not prejudiced, that the privacy of those individuals who may have been adversely affected is protected and, that those individuals are able to seek effective remedy. Careful consideration has also had to be given to the fact that criminal investigations and legal proceedings are invariably active and we are not yet in a position to consider the impact or potential wider consequences of naming.”
As a Government, we respect IOCCO’s position on the matter, and all members should recognise that.
Has the Scottish Government been given any indication of when IOCCO will report back? Can the Government give me an assurance that it has no concerns about the conduct of Police Scotland’s counter-corruption unit, which is the body at the centre of the claims?
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 matter for IOCCO, and I expect it to report, in due course, on any police forces in the UK or any other organisations that it is investigating once it has completed the investigation process.
The drip-feed of information through the media is causing controversy throughout Scotland. Has the cabinet secretary been in contact with IOCCO and indicated any will on his part to see the matter concluded as early as possible?
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 expect the process to be conducted in the way that IOCCO normally conducts its business.
I ask the cabinet secretary not for a civil service answer but for his own point of view. Does he believe that Police Scotland or any of its predecessor forces has monitored the activities of political activists—including activists in his party and mine—trade unionists and environmental campaigners? Does he think that that has happened?
The answer to that question is that I have no idea.
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