Question reference: S5W-35828
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
- Date lodged: 8 March 2021
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Current status: Answered by Humza Yousaf on 23 March 2021
Question
To ask the Scottish Government under what circumstances it considers that Police Scotland should have the power to use a child as a covert source of intelligence, including where there are concerns that it might be against the interests of the child.
Answer
The Regulation of Investigatory Powers (Scotland) Act, introduced by the Scottish Labour / Liberal Democrat coalition government in 2000, sets out the purposes for which a covert human intelligence source may be authorised.
The Regulation of Investigatory Powers (Juveniles) (Scotland) Order 2002 was introduced in 2002 which sets out additional safeguards for juveniles (under 18) including:
- that no authorisation may be given for the conduct or use of a source where the source is under 16 and the conduct or use would relate to the relationship between the source and their parent or any person who has responsibility for them.
- The requirement for the presence of an appropriate adult at all meetings between a source under 16 and the representative of the relevant investigating authority.
- Appropriate risk assessments where the source is under 18.
- Amends the period of authorisation from 12 months to 1 month.
Since its formation in 2013, Police Scotland has not authorised a CHIS under the age of 18 years.