Chamber and committees

I do not have an opinion either way on that, but I am alert to the evidence that the committee has heard that there is, perhaps, a need for an explicit power for the PIRC to do so when appropriate.

No, not in my time as cabinet secretary.

The bill enables existing regulations to be revisited under the small number of enabling powers that it includes; it is an amending bill that provides the opportunity for that to be done, particularly where secondary legislation is required. Ms Dowey and other committee members will be aware that police conduct regulations are all contained in secondary legislation and have been for many years. The appropriate parts of the bill provide an opportunity to revisit current procedures and policies in consultation with organisations, such as the Scottish police consultative forum. The bill provides the vehicle for that, as opposed to me inadvertently stepping into Police Scotland’s operational matters.

It is important to remember that Police Scotland is directly accountable to the Scottish Police Authority, because of the separation of powers. The Police and Fire Reform (Scotland) Act 2012 is crafted to ensure that. Perhaps officials want to add something at this point.

The bill is about fairness of process, and about the aspects of processes that require to be independent. We have to be fair to all parties. The Parliament and the Government have obligations to uphold the European convention on human rights, which means that we have to be fair to people who are making a complaint and to those people about whom the complaint is made.

On your broader point about ingrained culture, Dame Elish Angiolini accurately said that cultural changes do not happen overnight and, if they do, they will not be sustained. We need to be committed to the journey, for now and for the longer term. Do I think that culture is changing? Yes, I do. That is in part because of the work that Police Scotland does on diversity and inclusion and because of how the organisation is moving forward to actively tackle racism and misogyny.

Monitoring, accountability and auditing processes have improved in the PIRC, Police Scotland and the Scottish Police Federation. We have a much more robust package now, but we need to continue that journey and the bill is part of that.

If I have understood you correctly, you are asking whether there is a 12-month limit for the PIRC to investigate or continue proceedings with regard to people who are no longer serving senior officers. Officials will correct me if I am wrong, but that is not actually in the bill. It is an issue of practice on which guidance has been made public—the PIRC has shared that—with regard to the fact that there are times when it needs to make decisions on what is in the public interest with regard to pursuing matters. However, that is a very high-level answer. Steven Bunch might want to add to that.

I would argue that the bill is needed.

I would argue that the bill is needed—otherwise I would not be doing it.

I am not sure that the policy around the power that HMICS has recommended that the chief constable should have in certain high-threshold circumstances in and around dismissal would be a matter for the Lord Advocate. However, work is being done at pace, and 58 of Elish Angiolini’s non-legislative recommendations have been implemented. Further, HMICS carries out substantial reviews. It has done one on vetting, and we spoke earlier about the one on organisational culture. Primarily, it makes recommendations to police and partners, and occasionally to the Government.

It is for the SPA to hold Police Scotland to account. Much of the SPA’s proceedings are held in public, and I also engage with the SPA and Police Scotland, collectively and individually. Kevin Lee might want to add something to that.

The bill helps with it in that, if the PIRC makes recommendations to Police Scotland or the SPA, those recommendations can be published. Where there are time limits, it is for the chief constable to give an initial response and a progress update. I think that an initial response to recommendations should be made within eight weeks but a progress update can be given within 12 months.

Do you mean just now?