Chamber and committees

The First Minister last met with the Chief Constable on 16 May 2024. Deputy Chief Constable Alan Speirs was also in attendance. The agenda covered:

• Introduction
• Mental health and policing
• Criminal justice system
• Workforce and operating model
• Police (Ethics, Conduct and Scrutiny) (Scotland) Bill
• Hate crime

I meet the Chief Constable regularly. The last meeting was on 4 June 2024 with Deputy Chief Constable Bex Smith also in attendance. The agenda covered:

• Police (Ethics, Conduct and Scrutiny) (Scotland) Bill
• Revised model of policing
• Criminal justice system
• Scottish Resilience Partnership
• Emma Caldwell Investigation – NPCC Request

The Lord Advocate last met with the Chief Constable on 12 March 2024. Deputy Chief Constable Bex Smith was also in attendance. The Lord Advocate and Chief Constable discussed violence against women and girls in Scotland and how prosecutors and police officers could work together to improve outcomes for victims.

From January 2024, I agreed with the Chief Constable and SPA Chair to publish notes of their meetings, once approved, on the Scottish Government website: https://www.gov.scot/collections/police-minutes-of-regular-meetings

Crown Office and Procurator Fiscal Service (COPFS) uses a live, operational database to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. It is designed to meet business needs in the processing of criminal cases, rather than for statistical purposes and the information within it is structured accordingly. Information provided is at date of extract and may therefore be subject to change as data and systems are updated for operational reasons.

Of the 545 charges referred to in the answer to question S6W-27369, 90 charges took place in the Lothian region. For the purposes of this answer, the ‘Lothian region’ has been limited to charges reported to COPFS from Edinburgh and Livingston Sheriff Court Districts only.

Of the 17 convictions referred to in the answer to question S6W-27369, there were 2 which related to offending against residents of the Lothian region.

Between 28 December 2023 and 7 March 2024, the Scottish Government, along with the UK, Welsh and Northern Irish governments, held a consultation on reforming the producer responsibility system for waste electrical and electronic equipment (WEEE). This consultation sought views on a number of policy reforms, including the introduction of a producer financed household collection system for small and large items of WEEE, enhancing retailer obligations to provide a free collection on delivery service for large appliances, extending obligations to online marketplaces, creating a category for vapes to ensure that treatment and collection costs are borne by vapes producers, and establishing a new WEEE scheme administrator.

While we do not have Scotland-specific data on the scale of e-waste, it was calculated as part of our impact assessments that an estimated 155kt of WEEE is disposed of in household residual waste collections in the UK annually, which is then sent to landfill and energy from waste. This is equivalent to 5.3kg per household per year.

While not in direct response to the report, between 28 December 2023 and 7 March 2024, the Scottish Government, along with the UK, Welsh and Northern Irish governments, held a consultation on reforming the producer responsibility system for waste electrical and electronic equipment (WEEE). This consultation sought views on a number of policy reforms, including the introduction of a producer financed household collection system for small and large items of WEEE, enhancing retailer obligations to provide a free collection on delivery service for large appliances, extending obligations to online marketplaces, creating a category for vapes to ensure that treatment and collection costs are borne by vapes producers, and establishing a new WEEE scheme administrator.

While the Scottish Government recognises the need to ensure that we have effective infrastructure and technologies to enable the increased recovery of critical minerals, we acknowledge the complexities of critical mineral markets. Data is often not readily available, markets can be volatile, and supply chains are fraught with environmental, social and governance issues.

Better data availability is in all our interests to support well-functioning markets and responsible, traceable supply chains, to help de-risk investments and development of new projects. We are working with the UK, Welsh and Northern Irish governments and regulators to implement a UK-wide mandatory digital waste tracking service. The digital waste tracking service will improve the quality of waste data and make it easier to identify opportunities to keep materials in use for as long as possible and ensure nothing is wasted.

Instances of stalking in 2023-24 will be published within the Recorded Crime in Scotland 2023-24 accredited official statistics on 25 June 2024. The most recently published data shows there were 872 crimes of stalking recorded by police over the year ending December 2023.

We do not hold information on the specific proportion of stalking cases recorded by the police that led to a prosecution. This is because the recorded crime and criminal proceedings statistics are not operationally linked. Recorded crime statistics count crimes and offences at the time that they came to the attention of Police Scotland, while criminal proceedings statistics report on cases once they have concluded in court. This means that a crime may be recorded by the police in one year and court proceedings concluded in a subsequent year. In addition, a person may be proceeded against for more than one crime, or a set of crimes with more than one victim, in a proceeding, but only a single conviction for the ‘main charge’ (the one receiving the most severe sentence) would be counted in the court proceedings statistics. There is also the possibility a crime recorded by the police may be altered in the course of judicial proceedings.

Noting the above, the latest published Criminal Proceedings in Scotland accredited official statistics show 401 people were proceeded against in court for a crime of stalking in 2021-22.

COPFS has commenced work in relation to the areas identified in the His Majesty's Inspectorate of Prosecution in Scotland (HMIPS) report and is identifying the necessary work that will require to be undertaken and the resource requirements needed to implement the recommendations.

COPFS has agreed to provide HMIPS with regular updates on the work undertaken in implementing the recommendations contained within the report and anticipate that an update on progress could be provided in 6 months.

The circumstances for the use of the direction-making powers in the Environmental Protection Act 1990 are not set out in legislation, nor are they a matter of convention. In deciding whether or not to use these powers, Ministers would consider a range of factors, including carbon reduction goals and capacity needs, and would also take into account SEPA’s role and statutory functions as Scotland’s independent environmental regulator.

COPFS has commenced work in relation to the areas identified in the His Majesty's Inspectorate of Prosecution in Scotland (HMIPS) report and is identifying the necessary work that will require to be undertaken and the resource requirements needed to implement the recommendations.

COPFS has agreed to provide HMIPS with regular updates on the work undertaken in implementing the recommendations contained within the report and anticipate that an update on progress could be provided in 6 months.

Scottish Government ministers and officials liaise with Police Scotland officers of various ranks on a regular basis. I and accompanying officials met the then Divisional Commander for Edinburgh in August 2023 as part of a short visit to the joint Police Scotland and City of Edinburgh Council operation overseeing the Edinburgh Festival Fringe.

The operational deployment of officers is however a matter for the Chief Constable. The Police and Fire Reform (Scotland) Act 2012 is very clear on this point, and that Police Scotland is accountable to the Scottish Police Authority for this, rather than to Scottish Ministers directly. These arrangements are in place to ensure public confidence that the police act independently, free from unwarranted Ministerial interference.