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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 12 July 2025
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Displaying 1169 contributions

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Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

You said that the conduct regulations would be reviewed once the bill had been passed. Why can they not be reviewed and actioned just now? Why do we have to wait for the bill to be passed? If you are getting complaints and you know what the issues are, why are you not reviewing all the misconduct regulations now? When we had the Scottish Police Federation in to give evidence, it said that performance and misconduct regulations are not being implemented just now. Do you come across that in complaints, and why are the police not currently implementing the regulations that they already have?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

We heard evidence from the Scottish Police Federation that some issues with the complaints and misconduct processes could be dealt with through the existing conduct and performance regulations, but they have never been enacted properly. They are now seen as a punishment, and the system

“investigates ... at the top level and not at the bottom level”.—[Official Report, Criminal Justice Committee, 8 May 2024; c 28.]

Could I get your comments on that?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

When there is irrefutable evidence, do you still have to pay somebody in their employment up to the point that it gets to a court case, even though it is obvious that they will not be able to continue in employment?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

So you need legislation for some things, but do you need training for other bits? Is there a lack of training in some areas? One of our witnesses heard that he had been put on to restricted duties, but he was never told why; since then, we have heard more evidence that there was no reason why that should have happened. I find it hard to believe that somebody could be either suspended or put on restricted duties without being told why. Is there a training or performance management issue there?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

I want to follow on from your conversation with the convener and ask again about what difference a code of ethics will have if there are no sanctions. The code has been described as symbolic; you are saying that what we are putting in legislation is really just a guide and that the disciplinary processes should be separate.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

So, it is something to aspire to. In that case, is there any benefit in putting it in legislation?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 22 May 2024

Sharon Dowey

I perhaps need to get my head around what actually needs legislation and what can be put into your handbook, if you like.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill:Stage 1

Meeting date: 16 May 2024

Sharon Dowey

One witness said that he was placed on restricted duties and told that he was a danger to the public, but he was not informed why that was the case. Yesterday, we heard from the criminal allegations against the police division of the Crown Office and Procurator Fiscal Service that there was no reason why he should not have been told at the time. The Scottish Police Federation has questioned whether some of the legislation is required, or whether the performance management tools and regulations that are already in place simply need to be used. I do not know whether you have had a chance to look at everything that is in the bill, but do you think that some of the legislation is not required and that we need to look at the training in the police to ensure that they are following their own procedures?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill:Stage 1

Meeting date: 16 May 2024

Sharon Dowey

You mentioned random vetting and the power for summary dismissal. Do you think that that needs to be in police policy and procedure, or is legislation required?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill:Stage 1

Meeting date: 16 May 2024

Sharon Dowey

As I said, the bill requires more regulations. However, we heard from the Scottish Police Federation that current performance and misconduct regulations have never been used. Do we need to look more at performance management within Police Scotland to ensure that it is using the tools that it already has?