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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 21 June 2025
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Displaying 1239 contributions

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Criminal Justice Committee

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

Meeting date: 22 May 2024

Pauline McNeill

Good morning. The bill does not say whether the duty of candour will apply to police officers who are off duty. Will you give a view as to why you think that the bill should cover that?

Criminal Justice Committee

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

Meeting date: 22 May 2024

Pauline McNeill

You just want clarity on that. You are not particularly arguing for off-duty officers to be included.

Criminal Justice Committee

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

Meeting date: 22 May 2024

Pauline McNeill

Thank you for that.

My next question relates to whistleblowing. We have only scratched the surface of some of this stuff, to be honest, but I have not encountered any cases of whistleblowing in Police Scotland. We have had cases elsewhere. Is there a need for a definition of whistleblowing, given that it could mean a lot of different things? Some people might have seen something that they want to report, but are there any grey areas? To me, whistleblowing tends to involve a bigger systemic failure that it is in the public interest for someone to report. Can you comment on that?

Criminal Justice Committee

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

Meeting date: 22 May 2024

Pauline McNeill

Is there a particular problem with police officers not attending?

Criminal Justice Committee

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

Meeting date: 22 May 2024

Pauline McNeill

However, there is no legal reason why someone cannot be told of a criminal allegation against them. Indeed, I asked the Lord Advocate about that last week when she gave evidence, because we had a specific case in front of us. I cannot remember the timescale involved, but the officer was not aware of the allegations for a considerable period of time. It was suggested that there might have been a legal reason for that, but, when I checked with the Lord Advocate last week, she said that there were no such legal reasons.

Criminal Justice Committee

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

Meeting date: 22 May 2024

Pauline McNeill

I think that it was the week before. We heard about a case that took quite a period of time, and, last week, I asked the Lord Advocate whether there was any specific legal reason for an officer not being told. The officer that we heard from was on restricted duties while they were waiting.

Criminal Justice Committee

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

Meeting date: 16 May 2024

Pauline McNeill

Good morning. Thank you for your evidence; it has been helpful to hear it.

You have partially answered some of my questions, which are around time limits and getting the balance right. The committee does not have a lot of information about the categories of complaints against police officers—we are a wee bit in the dark—but there are two scenarios that I can think of. If we insisted that the Government attach time limits, would that undermine the provisions in the bill?

The idea of extending proceedings against former police officers up to 12 months, or beyond if the PIRC thought it was proportionate to do so, seems to be generally welcomed. However, those police officers might have sought other employment and gone on to new lives during that time. Notwithstanding what you said about the possible complexity of the cases, would setting some time limits undermine the new provision?

Criminal Justice Committee

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

Meeting date: 16 May 2024

Pauline McNeill

I would have thought that those were quite simple matters to deal with, although I do not know. I am thinking about serving police officers. We have heard about many instances in which it has taken up to two years to deal with such matters. To me, as a layperson, it seems a simple matter that should not take two years. We are trying to strike the balance of fairness. Despite what you have said about the power of police officers, it seems an awful long time to have a case hanging over them, so time limits might be appropriate in simple cases.

Criminal Justice Committee

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

Meeting date: 16 May 2024

Pauline McNeill

Thank you.

Criminal Justice Committee

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

Meeting date: 16 May 2024

Pauline McNeill

It is when a case goes to the procurator fiscal that it can take up to six months, although the times are getting better.

I am thinking that complaints of assault against police officers must be quite common.