Criminal Justice Committee will back new policing bill despite concerns

A bill designed to improve the system which deals with complaints about police officer conduct “could go further”, a cross-party group of MSPs has concluded.

The Criminal Justice Committee has backed the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill at Stage 1, but raised concerns the bill will not sufficiently improve the experience of officers and members of the public when dealing with police complaints.

In its Stage 1 report, the committee say the introduction of a statutory code of ethics and a duty of candour send a clear message about the culture of Police Scotland and the conduct expected of police officers and staff.  

However, it has raised concerns that the proposals could be largely symbolic and may not fundamentally improve the culture within policing and public confidence in its ability to deal effectively with police complaints.

It also suggests that the bill, in its current form, will have little impact on the length of time taken to consider and conclude police complaints.  

The committee has questioned Police Scotland’s oversight mechanisms after it said it heard evidence of unacceptable behaviours and practices.  

It has also questioned the robustness of the Scottish Police Authority (SPA) and whether the culture of the police is changing.

The proposal to enable gross misconduct proceedings for officers to commence or continue to a conclusion, regardless of whether an officer retires or resigns, have been welcomed by the committee.  

The committee’s convener, Audrey Nicoll, said: “Our committee is backing the general principles of this bill as we believe the police complaints system must improve, both for those making a complaint and those who are the subject of a complaint.  

“There are measures in the bill which we support and believe will improve the robustness, accountability and transparency of the police complaints system. These include the commencement or conclusion of misconduct proceedings regardless of whether a person leaves the police service, and the introduction of Scottish advisory and barred lists.

“We also welcome greater powers for the PIRC [Police Investigations & Review Commissioner] and increased transparency around their investigations.

“However, we are unsure whether the provisions in the bill will sufficiently improve the experience of officers and members of the public of the complaints system.

She added: “We have concerns that the bill has no impact on the length of time taken to consider and conclude police complaints, which is a key issue for those involved. Questions also remain about the robustness of the oversight mechanisms in place within policing and whether the culture within policing is changing for the better.

“We recognise that the vast majority of police officers and staff are dedicated, honest and do an incredibly difficult job in challenging circumstances.

“Our committee believes an effective, fair, and transparent complaints system is essential to help strengthen public confidence in policing in Scotland and although we back the general principles of this bill, we believe it could go further to achieving this.”