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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 13 August 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

One of our concerns was that that approach would incentivise someone who is on electronically monitored bail to delay their court proceedings, which would cause further trauma to victims and witnesses. The offender would know that if there were eventually to be a prison sentence, they would have been able to chip away at their time served. Is that still a likelihood?

10:00  

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

We have a strange situation in which the bill attempts to give the PIRC new powers, but the PIRC has told us that it is not able to have some powers for financial reasons, or that it does not want other powers. In respect of section 5 of the bill it said that “further detail is critical” and it strenuously opposes being given one particular function, which is the holding of senior officer gross misconduct cases. It says that it does not have the skills or resources to hold such cases, that there would be a lack of oversight of the PIRC, and even that such cases would impact on the PIRC’s ability to operate. Have you listened to those concerns and are you doing anything to address them in the legislation?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

But does it not worry you to hear what Unison has said?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

Okay—thank you.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

One of the key recommendations that Dame Elish made was for the PIRC to be made answerable and accountable to the Parliament. That is not in the bill. Will you explain your thinking as to why that recommendation has been disregarded?

10:30  

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

I have a general question, now. We heard evidence about good police officers’ careers being destroyed and innocent members of the public being treated like criminals. Often, the original failing is not the most important issue; it is the subsequent process that people experience. They often experience cover-ups, delays, disregard and weaponisation of the process.

During the past few weeks, we have also heard quite a bit from senior policing figures that they have been doing a great deal of work to change the culture. Are you confident that the bill will protect good officers and the public, or is there a fairly deeply ingrained culture in policing that the bill alone cannot fix?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

His Majesty’s chief inspector of constabulary told the committee that he would like the bill to include a provision whereby a chief constable would be able to sack officers, following due process. He said that he has been in discussion with the bill team for more than a year. Will that be included in the bill?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

If I understand you correctly, you are sympathetic to the PIRC’s view that it should not be designated as a prescribed organisation for the purpose of whistleblowers. It wants to be a gateway rather than a particular recipient of whistleblower complaints.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

Okay. Thank you.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Russell Findlay

I go back to the issue with the duty of candour. The bill would require all officers to adhere to that duty, but it would also apply to the 6,000 or so civilian staff. Unison has explicitly said that, if that were the case, it would immediately seek a pay rise for every single one of its members involved. I wonder, therefore, whether you are going to pursue that requirement in respect of non-police officer staff, and how much it will potentially cost. Has that cost been factored into the £5.8 million?