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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 21 August 2025
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Displaying 1121 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

I met with the Scottish Police Federation. I would have to check the date in my diary, but it was not that long ago鈥攊t may have been three weeks ago. Those issues were not raised with me. I have seen the letter that was sent to the committee on 24 May. I did not see it on that date, but you would not expect me to be privy to correspondence that is sent to a committee.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

That cannot happen today, but it might in the fullness of time, if the PNBS finds that any of those matters are in some way having an effect on its substantive business.

I am going to be dead direct. My view, here and now, is that we have addressed those matters. Nothing that is being raised would prevent the passing of the regulations. Some of the issues will be matters for the guide that will be developed in consultation with all PNBS members. Some of them are much more about the PNBS鈥檚 day-to-day working. The constitution does not need to say that non-members can make representations to a sub-committee or the main PNBS.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

To be blunt, we have the highest possible level of expectations on binding arbitration. That was one of the issues that the federation raised and I think that I have addressed that.

I have addressed with the committee the issue of who, where and when is appropriate for regulations vis-脿-vis constitutions.

In the correspondence, an issue was raised with, I think, paragraphs 37(a) and 37(b), in relation to the ability to bring in non-members of the board. I assume that that is about having different experts to give advice or input. That happens currently and would be a matter for the PNBS in its normal day-to-day process鈥攖here is no need to set it out in the constitution.

It is my view that we have addressed those points. I am happy to continue doing so with the committee, but the nature of the regulations and the fact that they cannot be amended are rooted in the 2016 act.

I will check whether my officials want to add anything.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

Currently, the PNB works by bringing together all the sides鈥攖he staff associations, the Scottish Police Authority, Police Scotland and Government officials鈥攁nd then making recommendations to ministers. That is the size of it鈥擨 do not think that I have missed anything out.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

The Government is represented in the room, so we would seek to fulfil what the PNB agreed.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

As I said, I am happy to answer any questions from the committee if there are matters that the Scottish Police Federation has raised鈥攖hat is not a problem.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

If all sides cannot agree, the matter goes to arbitration. We have always avoided that in the past, but that does not mean that we will not go to arbitration in the future. I do not view going to arbitration as a negative; I think that I am on record as saying that I would view it as a strength, not a weakness, that we have built that into our system.

The best way to describe the arrangement is that there is a tripartite agreement between Police Scotland, the SPA and the SG. They are the three partners on the employer side, if you like, that would have to agree to fund any settlement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

Yes. Peter, when was the constitution published?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

The constitution is referenced in the regulations. Today, we are agreeing the regulations in which the constitution is rooted. The legislation and regulations are a matter for the Parliament. It is now for the PNBS to agree its own day-to-day operations. I will just check with officials that I have articulated that correctly.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

So some of this is just about practicalities.