As introduced, this Bill would require the police to have a code of ethics, make changes relating to the handling of police conduct, increase the functions of the Police Investigations and Review Commissioner and introduce an advisory board for the Commissioner.
This is a Government bill
The Bill was introduced on 6 June 2023 and is at Stage 2
This Bill is at Stage 2 of the process to decide if it should become an Act.
The Bill makes changes in four key areas:
The Bill was developed in response to recommendations made by an independent review of complaints handling, investigations and misconduct in relation to policing. The review’s purpose was to make recommendations that would ensure the system is fair, transparent, accountable and proportionate. It’s overarching aim was to strengthen public confidence in policing in Scotland.
Police (Ethics, Conduct and Scrutiny) (Scotland) Bill as introduced (1MB, pdf) posted 06 June 2023
Explanatory Notes (337KB, pdf) posted 06 June 2023
Policy Memorandum (380KB, pdf) posted 06 June 2023
Financial Memorandum (379KB, pdf) posted 06 June 2023
Delegated Powers Memorandum (203KB, pdf) posted 06 June 2023
Statements on legislative competence (117KB, pdf) posted 06 June 2023
Explanatory Notes (375KB, pdf) posted 06 June 2023
Policy Memorandum (494KB, pdf) posted 06 June 2023
Financial Memorandum (4MB, pdf) posted 06 June 2023
Delegated Powers Memorandum (254KB, pdf) posted 06 June 2023
Statements on legislative competence (159KB, pdf) posted 06 June 2023
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill
The Bill was introduced on 6 June 2023
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 1 November 2023, Parliament agreed that consideration of the Bill at Stage 1 be completed by 21 June 2024.
On 5 June 2024, Parliament agreed that consideration of the Bill at Stage 1 be extended to 13 September 2024.
The lead committee for this Bill is the Criminal Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
A research briefing on the background to the Police (Ethics, Conduct & Scrutiny) (Scotland) Bill and a review of police complaints systems in other jurisdictions.
Police Complaints: Background Note by the Clerk (1MB, pdf) posted 26 June 2023
The Criminal Justice Committee held a call for views to help inform its examination of the Bill.
The call for views closed on 8 December 2023.
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
On Wednesday 17 April 2024, the Criminal Justice Committee heard informally from an individual with experience of the police complaints system.
Read an anonymised note of the discussion (85KB, pdf) posted 14 May 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 23 September 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 3 September 2024
Letter from Police Scotland to the Convener, 30 August 2024
Letter from the Scottish Police Authority to the Convener, 29 August 2024
Letter from the Police Investigation and Review Commissioner to the Convener, 29 August 2024
See a full list of Stage 1 correspondence
The lead committee published its Stage 1 report on 2 July 2024
Police (Ethic, Conduct and Scrutiny) (Scotland) Bill Stage 1 Report
The Committee received the following responses to its report –
Scottish Government response to the Stage 1 Report on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (397KB, pdf) posted 04 September 2024
Police Scotland response to the Stage 1 Report on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (172KB, pdf) posted 04 September 2024
Police Investigations and Review Commissioner response to the Stage 1 Report on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (344KB, pdf) posted 04 September 2024
Scottish Police Authority response to the Stage 1 Report on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (192KB, pdf) posted 04 September 2024
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Scrutiny of the Financial Memorandum
Letter from the Presiding Officer to the Convener of 4 June 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 20 May 2024
Letter from the Convener to the Convener of the Criminal Justice Committee of 16 May 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 22 April 2024
Letter from the Convener to the Cabinet Secretary for Justice and Home Affairs of 16 April 2024
See a full list of Stage 1 correspondence
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published its report on 12 December 2023.
A Stage 1 debate took place on 10 September 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 10 September 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
Daily list of amendments for 24 September 2024 (293KB, pdf) posted 24 September 2024
Daily list of amendments for 25 September 2024 (249KB, pdf) posted 25 September 2024
Daily list of amendments for 26 September 2024 (275KB, pdf) posted 26 September 2024
The deadline for MSPs to submit amendments has passed.
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.