Holyrood Committee back Bill which aims to reform police complaints system but have concerns that changes don’t go far enough

In the Committee’s Stage 1 report they say the introduction of a statutory Code of ethics and a duty of candour send a clear message about the culture of Police Scotland and the behaviours that are expected of police officers and staff. However, concerns are raised that these two proposals could be largely symbolic and not fundamentally improve the culture within policing and public confidence in its ability to deal effectively with police complaints.

Concerns are also raised that the Bill, in its current form, will have little impact on the length of time taken to consider and conclude police complaints. The Committee say this is a vital issue and one which the Bill leaves unresolved.

The Committee say they heard evidence of unacceptable behaviours and practices within Police Scotland and have questioned the robustness of the oversight mechanisms in place, including that of the Scottish Police Authority (SPA), and of whether the culture within police is changing.

Several provisions in the Bill are welcomed by the Committee, which they say will improve the accountability of police officers. This includes proposals that would enable gross misconduct proceedings for officers to commence or continue to a conclusion, regardless of whether an officer retires or resigns.

Changes that would allow the Police Investigations and Review Commissioner (PIRC) to consider allegations of gross misconduct that come to light over 12 months after an officer has left the force are also welcomed by the Committee. They recommend the SPA monitor this process to ensure that these cases are being dealt with timeously.

The Committee has welcomed increased powers for the PIRC and greater transparency around its work. They recommend that the SPA and Police Scotland should be under a duty to comply with the PIRC’s recommendations and that the PIRC publishes the responses to its recommendations, unless there are exceptional circumstances for not doing so.

 The introduction of barred and advisory lists for police officers, to ensure that those who are found guilty of gross misconduct cannot gain employment in another police force in Great Britain, are also supported by the Committee.

As the report was published, Criminal Justice Committee Convener, Audrey Nicoll MSP, said:

“Our Committee is backing the general principles of this Bill as we believe the police complaints system must improve, both for those making a complaint and those who are the subject of a complaint.

“There are measures in the Bill which we support and believe will improve the robustness, accountability and transparency of the police complaints system. These include the commencement or conclusion of misconduct proceedings regardless of whether a person leaves the police service, and the introduction of Scottish advisory and barred lists.

“We also welcome greater powers for the PIRC and increased transparency around their investigations.

“However, we are unsure whether the provisions in the Bill will sufficiently improve the experience of officers and members of the public of the complaints system.

The Convener added:

“We have concerns that the Bill has no impact on the length of time taken to consider and conclude police complaints, which is a key issue for those involved. Questions also remain about the robustness of the oversight mechanisms in place within policing and whether the culture within policing is changing for the better.

“We recognise that the vast majority of police officers and staff are dedicated, honest and do an incredibly difficult job in challenging circumstances.

“Our Committee believes an effective, fair, and transparent complaints system is essential to help strengthen public confidence in policing in Scotland and although we back the general principles of this Bill, we believe it could go further to achieving this.”