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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 15 August 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 15 May 2024

Russell Findlay

Does that refer to the error in this order?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

I presume that you tell complainers when a final decision has been made. Is that a matter of routine?

Criminal Justice Committee

Criminal Justice Bill

Meeting date: 15 May 2024

Russell Findlay

Yes, I do—thank you, convener.

The LCMs relate to the UK Criminal Justice Bill. There is reference in the submission from the Scottish Government to a House of Commons debate on 11 January this year, and it says that the Scottish Government rejected clauses 11 and 12 of the UK bill, which relate to causing people to commit online self-harm. There have been tragic cases of young people harming themselves and even taking their own lives, having been coerced and manipulated by others to do so.

I see from Hansard that the application of the offence in Scotland was rejected by the Scottish Government. Given the importance of a consistent UK-wide approach to some of the other measures that have been adopted, as the Scottish Government’s submission notes, can you explain the thinking behind that particular decision?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

In 2018, your predecessor, Kate Frame, raised concerns about the case of an innocent man who had been wrongly locked up after the police failed to check his identity. Police Scotland recorded that as a quality-of-service complaint. In a letter to the committee before my time here, Ms Frame said that Police Scotland’s handling of the case

“suggests an endeavour to keep matters hidden.”

Other witnesses have told us about Police Scotland keeping serious alleged crimes in-house and not sharing them with the Crown or the PIRC. Many of those same people—whose evidence I am sure that you will have heard—have absolutely no faith in the PIRC in respect of their complaints. Since those days, can Police Scotland now be trusted to fully disclose such cases as they should?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Russell Findlay

Section 5 of the bill seeks to broaden the PIRC’s functions. Your organisation has commented that that

“would significantly impact on PIRC’s budget and ability to operate.”

I note, too, that in respect of section 12, your organisation has commented that, as a result of the right to call in complaints, the PIRC might

“become overwhelmed”

and that there would be

“further resource implications”.

We have heard from other witnesses, including the Scottish Police Federation, that the financial cost of the bill has already risen according to the financial memorandum, and that they believe that the cost will be higher still. What is the PIRC’s latest official assessment of the cost?

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.