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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 6 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

I would like to return to the point that was raised by Rona Mackay on the HM Inspectorate of Prosecution in Scotland report from 2021, which talked about CAAPD freezing cases, and you have already referred to that. The detail of that report is actually quite shocking. It said that cases were frozen while you were gathering or requesting additional work to be done. In some cases, I think that it reset the clock rather than just paused it.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

That answer illustrates neatly how complicated the landscape is for a member of the public. If that were represented as a flow chart, it would be quite confusing.

Communication with complainers—whether they are police officers or members of the public—is vital. To go back to the HMIPS report, it said that communication from CAAPD was unsatisfactory in four in 10 of the 80 cases that were looked at. The report contains quite detailed accounts, some of which are pretty shocking, to be frank.

You came into your post when that report was produced. What can you say about the quality of communication from CAAPD now?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

I do not want to put words in your mouth, but, as the PIRC, are you now confident that, if similar cases arose now or in the future, Police Scotland would treat them properly?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

That is interesting.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 15 May 2024

Russell Findlay

I will raise a small point. The meeting papers say that there has been some defective drafting of the order, which should be fixed. The papers say that the Scottish Government “intends to rectify” that at the “earliest opportunity”.

Not so long ago—in fact, in March—the committee considered a Scottish statutory instrument that had the wrong date on it due to another Scottish Government error. The Delegated Powers and Law Reform Committee said that that date should have been corrected. That might or might not have been done—I do not expect you to know the answer to that, cabinet secretary, but I assume that it has been. I do not mean to sound too critical, but it is quite something that we have had two fairly fundamental mistakes in papers that have come to the committee about orders and SSIs. What are your views on that?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

Would you rather see that provision removed from the bill?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

So, cases can be prosecuted or not prosecuted, but you also presumably have the same alternative disposals, such as diversion from prosecution. Are they utilised for police officers?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

Do you have any data that you could share with us on that? It would be quite interesting to see.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

Can those court colleagues make a decision to divert from prosecution?

Criminal Justice Committee

Criminal Justice Bill

Meeting date: 15 May 2024

Russell Findlay

The only Scottish MP on the relevant committee did not say anything during the debate, as far as I can see from Hansard. The UK minister said that the Scottish Government was instead

“sticking with section 184 of the Online Safety Act for now.”—[Official Report, House of Commons, 11 January 2024; Vol 743, c 163.]

Is it the case, then, that the protections in that legislation will be relied on instead?