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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 5 May 2021
  6. Current session: 12 May 2021 to 24 November 2024
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Displaying 2941 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 5 June 2024

Audrey Nicoll

That is in order. That completes our deliberation of the Scottish statutory instrument and concludes the public part of our meeting.

12:02 Meeting continued in private until 12:24.  

Criminal Justice Committee

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

Meeting date: 5 June 2024

Audrey Nicoll

I will bring you back in at the end if there is time, but I want to bring in other members now.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

On the complaints process, the committee heard evidence from a number of witnesses that, although they feel that the bill’s provisions are fine in themselves, they would like to see a more radical overhaul of the complaints process so that it is as independent as possible. Does the bill go far enough to meet those aspirations, particularly the aspirations of members of the public and former officers who have had experience of the complaints system and have indicated that an independent process would be more transparent and effective?

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

Last week, HMICS picked up on the point that you made about the inclusion of former officers in the PIRC. It highlighted the balance between independence and staff in the PIRC having the skill set to run complex investigations involving things such as mobile telephony and data. It seems to be about getting that balance right.

I will open up the questions to members.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

In its evidence, the Scottish Police Authority expressed support for the provision that relates to calling in complaints being a function of the PIRC. It felt that that was a positive step forward. I am interested in the backdrop to the inclusion of that provision.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

As I said, the SPA was broadly supportive of that provision. The committee also heard other evidence that that provision would enhance the investigation process.

The bill places an individual duty of candour on police officers only, although staff would be covered by a separate organisational duty of candour, achieved by amending the policing principles. Should that individual duty also apply to all police staff or at least to those with the same powers and responsibilities as police officers, such as custody staff, who have a particular role? They are not police officers—they are staff—but they have a type of role about which there is the potential for complaints to be made. That is the view of the PIRC, Police Scotland and HMICS, although that is opposed by Unison. I am interested in your response to that.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

I am sorry, Ms Dowey, but I need to bring in other members.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

Three members still want to come in. We have 15 minutes or so left, so I ask for succinct questions and responses.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

That would be helpful—follow-up correspondence would allow for more time now.

Criminal Justice Committee

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

Meeting date: 29 May 2024

Audrey Nicoll

That brings us slightly over time. I thank the cabinet secretary and her officials for their attendance this morning—it has been most helpful.

With that, we move into private session.

11:34 Meeting continued in private until 12:34.