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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 4 May 2021
  6. Current session: 13 May 2021 to 20 March 2026
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Displaying 1437 contributions

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Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

If I have understood you correctly, you are asking whether there is a 12-month limit for the PIRC to investigate or continue proceedings with regard to people who are no longer serving senior officers. Officials will correct me if I am wrong, but that is not actually in the bill. It is an issue of practice on which guidance has been made public—the PIRC has shared that—with regard to the fact that there are times when it needs to make decisions on what is in the public interest with regard to pursuing matters. However, that is a very high-level answer. Steven Bunch might want to add to that.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

I would argue that the bill is needed.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

I would argue that the bill is needed—otherwise I would not be doing it.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

I am not sure that the policy around the power that HMICS has recommended that the chief constable should have in certain high-threshold circumstances in and around dismissal would be a matter for the Lord Advocate. However, work is being done at pace, and 58 of Elish Angiolini’s non-legislative recommendations have been implemented. Further, HMICS carries out substantial reviews. It has done one on vetting, and we spoke earlier about the one on organisational culture. Primarily, it makes recommendations to police and partners, and occasionally to the Government.

It is for the SPA to hold Police Scotland to account. Much of the SPA’s proceedings are held in public, and I also engage with the SPA and Police Scotland, collectively and individually. Kevin Lee might want to add something to that.

11:00  

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

The bill helps with it in that, if the PIRC makes recommendations to Police Scotland or the SPA, those recommendations can be published. Where there are time limits, it is for the chief constable to give an initial response and a progress update. I think that an initial response to recommendations should be made within eight weeks but a progress update can be given within 12 months.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

Do you mean just now?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

The 12-month timescale is not in the bill. It is not a hard and fast statutory requirement. It is for the PIRC to make a judgment on public interest and fairness. It needs to be a rounded decision based on all the facts and circumstances.

Is there anything that you would like to add, Steven?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

It is a professional judgment made by the PIRC on the merits and details of the case and what is in the public interest.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

It is a different threshold.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

Yes. A criminal matter has to be proven beyond reasonable doubt.