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Seòmar agus comataidhean

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 30 November 2025
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Displaying 1265 contributions

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Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

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

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

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.

11:00  

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

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.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

Do you mean just now?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

The 12-month timescale is not in the bill. It is not a hard and fast statutory requirement. It is for the PIRC to make a judgment on public interest and fairness. It needs to be a rounded decision based on all the facts and circumstances.

Is there anything that you would like to add, Steven?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

It is a professional judgment made by the PIRC on the merits and details of the case and what is in the public interest.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

It is a different threshold.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

Yes. A criminal matter has to be proven beyond reasonable doubt.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Angela Constance

No. If I have not already followed that up in writing to this committee, I am happy to do that, but I went through the timeline, and what I said should be in the Official Report of the Finance and Public Administration Committee meeting that I attended.

The bill was introduced in June 2023. In autumn, my officials were told informally that policing partners were doing some work to revise the costs, because now that they had seen the text of the bill, they would need to be revised.

The evidence of the policing partners was published on 8 November last year, and my officials were aware of it on 6 November. As I said to the finance committee, I do not just accept what people tell me something is going to cost; I expect my officials to robustly examine it.

In March of this year, we got to the point at which the Government accepted the revised costs. The financial memorandum was the best estimate based on the information that I and my officials had at the time.

Criminal Justice Committee [Draft]

Subordinate legislation

Meeting date: 15 May 2024

Angela Constance

I appreciate Mr Findlay’s irritation about the matter. The processes for the preparation of the orders are layered on layers of historical agreements and historical orders. The two errors that you have mentioned are either being addressed or they will be. My understanding is that the error related to this order is rooted in the original UK orders. Nonetheless, the errors will be addressed.

It is particularly complex that the order relates to the transfer of agreements over a period of a number of years into multiple orders that flow from the UK Government. However, I said that by way of context—I certainly ain’t pointing the finger at anyone in that regard.