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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 28 November 2024
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Displaying 2943 contributions

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Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

There is a proposal in the bill about the PIRC calling in complaints in certain circumstances. In your submission, you are supportive of the PIRC having a statutory power to take over an investigation if that is deemed to be necessary. Will you outline your thinking behind that, including why you are supportive of it? We had strong evidence on that yesterday from the SPA.

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

I think that I am right in saying that the federation took the view that former colleagues can be harder on others. Have you thought about that?

10:45  

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

Thanks for that helpful scene setting. Are you confident that the code of ethics and the duty of candour, to take just two of the bill’s provisions, will support some of the delivery of the work that you have comprehensively set out?

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

In your thematic inspection of organisational culture, you stated:

“current Police Scotland reporting to the SPA Complaints and Conduct Committee provides limited assurance on the standards of integrity, ethics and values, with a primary focus on complaints and conduct.”

I am interested in your thoughts on what needs to be done to improve the oversight arrangements and practice in this area by the Scottish Police Authority.

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

You have spoken about leadership and the work that is going on to develop that further. Do you think that leadership is an essential part of the overall progress being made, so that things are focused less on complaints and conduct and more on promoting integrity and a strong sense of values and ethics?

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

An issue that has been raised in evidence by some witnesses is the fact that quite a number of former police officers work in the PIRC. There are two views on that. One is that it brings experience and knowledge to the function of the PIRC. The other is that it perhaps involves a bit of a conflict. We have heard both sides of that argument. We know that former officers go on to lots of different roles. Do you have a particular view on that?

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

One of the things that I am interested in—I sound like a broken record—is what it is that brings officers and staff into the complaints and conduct space in the first place. I am interested in what it is about their role, their environment or their circumstances that brings them into the process.

We took interesting evidence from Police Scotland yesterday, when its representatives spoke about their awareness that the circumstances and factors could potentially be shifting. Assault allegations are always going to be made against officers and potentially staff, but yesterday’s witnesses spoke in an interesting way about some other issues, such as domestic abuse and the emergence of more sexualised behaviour by officers—a couple of examples spring to mind.

I am interested in what sits behind officers coming to the attention of complaints and conduct, and I am interested in whether you have come across the reasons for that. You have done so many inspections, including on mental health. Have you looked at that as part of your work?

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

That is interesting, and it is good to hear that you have some work planned around domestic abuse later in the year.

Rona Mackay wants to ask a follow-up on that point.

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

I have a final follow-up question. Notwithstanding the timescales that are potentially involved where there is a criminal case followed by a misconduct process, do you think that the bill goes far enough to address the issue of timescales? That is quite a big question, but it comes up all the time, both generally in relation to complaints and conduct processes, and in the context of the bill.

Criminal Justice Committee

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

Meeting date: 23 May 2024

Audrey Nicoll

We move to questions from Rona Mackay and then Pauline McNeill.