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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 15 October 2025
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Displaying 1174 contributions

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Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

I did not realise that I was here to make people happy, tempting though that is. I will go away and look in more detail at what happened in relation to the National Care Service (Scotland) Bill, although I emphasise that the bill before the committee is not on a par with that bill in terms of size or magnitude, nor is it a framework or enabling bill.

When my officials were here, you mentioned the fact that there are additional risks with framework bills, in that significant decisions are taken further down the line. Therefore, I could see why there would be a case for a different procedure to be adopted with the National Care Service (Scotland) Bill, given its magnitude and the magnitude of public resource to be invested in the new service.

However, the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill is small. It has 16 substantial provisions and three ancillary ones—it is not a massive bill. I absolutely appreciate the change in some columns from zero to not insignificant sums of money. I assure you that that is not how I would have wished events to be, but the cost of the bill to Police Scotland is somewhat small—it is 0.2 per cent of the organisation’s overall budget.

However, I will reflect on matters. I will not make any false promises about providing a revised financial memorandum earlier. After the previous evidence session, I took advice from parliamentary business colleagues. My one concern about updating the financial memorandum now is that we still have this year’s pay claim to come, so there are other potential changes coming down the track.

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

Extensive work has been done with Police Scotland—

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

I will bring in Mr Bunch in a minute. The facts of the matter are that officials did not know the precise figures until November, so Police Scotland, after intimating—

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

Yes. We interrogate the figures and information that are provided to us.

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

The Government knowingly published a financial memorandum last June, based on the best information that we had at the time. The Government did not knowingly present information to this committee that was wrong.

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

No, I do not. I will get officials to talk about abstraction—

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

With respect, I am not going to be drawn on the deliberations of other committees.

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

Convener, to be utterly candid, being told that significant stakeholders have revised their costs is not music to my ears—although, in this instance, I accept the reasons for that—because, when people revise costs, they very rarely revise them downwards. Bearing in mind that, in real terms, over two years, we as a Government lose £0.5 billion of real worth in our spending power, every public pound is absolutely precious.

You will know that the initial understanding between my officials and Police Scotland was that, bearing in mind that there were existing training arrangements and an existing code of ethics, those costs would be absorbed. Police Scotland revised its position because it has taken constructive steps internally to understand more, and earlier, about the impacts and costs of legislation for Police Scotland as a whole. That is positive for the future and positive when it comes to the information that has been flushed out.

I would of course have preferred all that information to have been available before the financial memorandum was published, but it was not, because of the shared understanding that there were existing training arrangements—as I said, Police Scotland spends around £18 million on training—and an existing code. However, because of the detailed wording of the bill, which means that the code will be strengthened by being put on a statutory basis and that the duties of the chief constable will be strengthened, Police Scotland wants to strengthen its training arrangements. Bearing in mind some of the evidence that the Criminal Justice Committee is now hearing on the need for the bill, I welcome the fact that Police Scotland is committed to investing in training on the bill’s implementation.

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

I well and truly understand the need for parliamentary scrutiny at all stages of the process. I have looked closely at the Official Report of the meeting when my officials gave evidence to the committee and I received correspondence from the convener following the evidence session. I have carefully considered the issues that were raised. I am bound by the standing orders. I am also aware that the committee has had lengthy correspondence from the Minister for Parliamentary Business and that the permanent secretary will give evidence to the committee soon. As you would expect, if standing orders or procedures across the piece were to change, I would comply with those changes.

Finance and Public Administration Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum

Meeting date: 7 May 2024

Angela Constance

I will make two points. I understand that you want to have as much information as possible, and as much information as possible that will not change subsequently—I concede that. I do not appreciate change, although I must accept that it happens and that there are sometimes good reasons for it to happen.

As far as Police Scotland’s reconsideration is concerned, our understanding is that last autumn, through the Scottish police consultative forum, Police Scotland intimated that its understanding was changing and that it felt that the costs—especially those relating to training and other matters—had been underestimated. However, at that time, Police Scotland still had to go through its internal approval process with regard to what its view on the specific numbers was. As my officials said the last time that the committee considered the matter, Police Scotland provided the Scottish Government with the evidence that it submitted to this committee on 6 November, which was two days before it was published.

I hope that what I am about to say gives some reassurance to the committee. I say this with respect to Police Scotland and to other major stakeholders. When people tell me that costs have been revised upwards, I am not in any way cavalier about that. I do not just say, “Okay then—so be it.” I expect my officials to go and interrogate those revised costs, because it is crucial that we have a shared and very detailed understanding of why those costs have been revised. In March, on the basis of that interrogation process, we came to the conclusion that we accepted the new information that Police Scotland had provided.