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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 4 May 2021
  6. Current session: 13 May 2021 to 31 October 2025
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Displaying 1227 contributions

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Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

Amendment 6 adds to the provisions that would introduce a duty of candour to the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013. The amendment stipulates that officers who are suspected of committing a criminal offence would no longer be required to follow the duty of candour, which would give them the same rights as civilians. During our evidence sessions, various bodies raised concerns that the duty of candour conflicted with the right against self-incrimination. Notably, in England and Wales, the duty applies only when an officer has been identified as a witness and not a suspect. My amendments 6 and 9 address those concerns.

However, we will support the cabinet secretary’s amendments. The cabinet secretary has indicated that her amendments 7 and 10 address the intention behind my amendments, so we have the same aim. I do not intend to move amendments 6 and 9 at this stage.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

Given the cabinet secretary’s comments, I will not move amendment 40, but I press amendment 39.

Amendment 39 agreed to.

Amendment 40 not moved.

Section 15, as amended, agreed to.

Sections 16 and 17 agreed to.

After section 17

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

I will.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

I agree with Russell Findlay’s comments, and I take on board all the cabinet secretary’s comments. It is a very sensitive subject. Amendment 41 was a response to comments about the stress and anxiety that officers felt when they were going through the misconduct process, which could have been a contributing factor that led to suicide. That is why we were looking to amend the bill. I appreciate that it is a sensitive subject and that we need to consider lots of other issues. We will probably want to come back to discuss the matter.

However, given the cabinet secretary’s comments, I will not press amendment 41.

Amendment 41, by agreement, withdrawn.

Amendments 42 and 65 not moved.

Sections 18 to 20 agreed to.

Long Title

Amendment 47 moved—[Angela Constance].

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

No—the position is as the cabinet secretary said. It is not about consulting every person who has had a complaint in the police system but about taking a group of those people, so that their voices can be heard. We heard evidence on that in the committee. Amendment 4 would ensure that a selection of people were consulted and that we heard their voices in the production of the code of conduct.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

Yes.

Amendment 12 agreed to.

Amendments 13 and 51 not moved.

Amendment 14 moved—[Sharon Dowey]—and agreed to.

Amendments 52 and 53 not moved.

Section 6, as amended, agreed to.

After section 6

Amendments 54 to 56, 15 and 58 not moved.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

Amendment 39 concerns reviews that the commissioner can undertake into a practice or policy. It will ensure that, before commencing such a review, the commissioner has to consult HMICS. The intention of the amendment is to avoid the duplication of work and to ensure that bodies work co-operatively to streamline the complaints process.

Amendment 40 adds to amendment 39. It would require the commissioner to assist HMICS with any work that is related to such a review. The intention of the amendment is, again, to avoid duplication of work and ensure that bodies work co-operatively to streamline the complaints process. That is a role that sits with HMICS. The cabinet secretary has indicated that she will support amendment 39. I ask her to consider working on amendment 40 to bring it back at stage 3. I look forward to her comments.

I move amendment 39.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

I am sure that that is an issue that the cabinet secretary will comment on, but we have heard that constables against whom there is irrefutable evidence that they are guilty of a criminal offence continue to get paid in the police force. That provides no justice for victims, and it represents a cost to the police. The bill says that disciplinary procedures “may” be postponed to allow the criminal case to go first, but it does not say that the criminal case must proceed first. We need the cabinet secretary to clarify that.

My proposal would result in a cost saving for the police force, because it could dismiss someone sooner. In addition, the fact that the outcome of the disciplinary process would be kept private and would not be disclosed to anyone would mean that it should not have an impact on the criminal case.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

In the interest of speed, I will just say that I will reflect on the cabinet secretary’s comments and consider whether I can work on any of my amendments in order to bring them back with more clarity at stage 3. I take on board all the cabinet secretary’s points, and I do not have any further comments.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 2

Meeting date: 2 October 2024

Sharon Dowey

I thank the cabinet secretary for her comments. I am still hopeful that some of the amendments could be brought back at stage 3 if we do a bit more work on them. As I said, the amendments were lodged with the intention of trying to improve the bill.

I will not press amendment 16.

Amendment 16, by agreement, withdrawn.

11:15  

Amendments 17 and 18 moved—[Sharon Dowey]—and agreed to.

Amendments 19 and 59 not moved.

Amendment 20 moved—[Sharon Dowey]—and agreed to.

Amendment 21 not moved.

Amendments 22 to 24 moved—[Sharon Dowey]—and agreed to.

Amendment 25 not moved.

Section 7, as amended, agreed to.

Section 8—Procedures for misconduct: senior officers

Amendments 26 to 29 not moved.

Section 8 agreed to.

After section 8

Amendments 30 to 32 not moved.