Chamber and committees

I refer the member to the answer to question S6W-30309 on 28 October 2024. All answers to written Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

Development of the consultation will be informed by an initial phase of expert research, which is currently underway.

Work is progressing towards publication of the report to develop a detailed baseline understanding of the distinct roles and functions of the Law Officers and how the functions of law officers operate in other countries.

The adoption of any new technology for policing purposes must be done in a way that secures public confidence. It is important to have clear governance frameworks which take account of ethical and human rights obligations in this area, which is why the Scottish Government commissioned the report into emerging technologies. The report confirmed that Scotland is in a strong position to become world-leading in adopting a rights-based, ethical approach to the adoption of emerging technologies in policing.

The Scottish Government last wrote to the Chief Constable in February 2023 enclosing a copy of the Review of emerging technologies in policing report.

It should be noted that the monitoring of progress to address the report’s recommendations is being taken forward through the Scottish Police Authority. Progress was to be reported and tracked through the Police Scotland Change Board and a short life working group was to task sub-forums across the organisation with activities for specific workstreams where appropriate. The short life working group was to provide an update to the SPA Audit & Risk Committee on a quarterly basis. This is referred to in the note of the Policing Performance Committee - 15 June 2023 | Scottish Police Authority (spa.police.uk).

We have committed to consulting on the role of the Law Officers. To further that commitment research has been commissioned to develop a detailed baseline understanding of the many distinct roles and functions of the Law Officers and will provide information on how the functions of law officers operate in other countries.

The role of the Law Officers is secured by the Scotland Act 1998, and reflects the system in place prior to devolution. What any changes to that role would require by way of an Act of the UK or Scottish parliament would depend on any changes proposed.

Police Scotland and the Scottish Police Authority put their joint response into the public domain in June 2023 item-2-3-1-police-scotland-spa-joint-response-to-the-iag-on-new-and-emerging-te-_.pdf. The Scottish Government published its response to the report in February 2023 Recommendations for the Scottish Government - Policing emerging technologies report: Scottish Government response - gov.scot (www.gov.scot).

The report has been proposed for peer review, which will take some weeks. Release of a draft of the report is not proposed before the review stage is completed.

I wrote to the then Secretary of State for Scotland on 29 February and made a commitment to keep the UK Government appraised of progress on this matter as it develops.

The fourth National Planning Framework (NPF4) sets out the Scottish Ministers’ policies and proposals for the development and use of land. If an application for planning permission is necessary for any development associated with the use of live facial recognition technology, it is for the relevant planning authority to consider that application. When making decisions on planning applications, planning authorities must consider the development plan as a whole, comprising NPF and local development plans, alongside all other material considerations.

The fourth National Planning Framework (NPF4) sets out the Scottish Ministers’ policies and proposals for the development and use of land. If an application for planning permission is necessary for any development associated with the use of live facial recognition technology, it is for the relevant planning authority to consider that application. When making decisions on planning applications, planning authorities must consider the development plan as a whole, comprising NPF and local development plans, alongside all other material considerations.