Justice Secretary Michael Matheson to face questions over police spying row

Justice Secretary Michael Matheson will face questions at Holyrood tomorrow over Police Scotland’s breach of spying rules to identify journalists’ sources.

Labour justice spokesman Graeme Pearson has secured a topical question on the row, with MSPs to press Matheson tomorrow afternoon.

It comes after the Interception of Communications Commissioner’s Office (IOCCO) last week confirmed Police Scotland breached its code of practice on five occasions when seeking communications data.

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Four individuals were “adversely affected”, Interception of Communications Commissioner Sir Stanley Burnton said, labelling the breaches “reckless”.

Former police officer Gerry Gallacher is reported to have been one of those targeted by Police Scotland, after concerns were raised the force had not followed up information while investigating the murder of prostitute Emma Caldwell.

HM Inspectorate of Constabulary in Scotland (HMICS) will conduct a review into the “effectiveness and efficiency” of Police Scotland’s counter corruption practices

Matheson will face questions in the chamber a few hours after the Scottish Parliament’s Justice Committee decide whether to launch a probe of their own.

IOCCO’s findings are first on the agenda for tomorrow morning’s meeting as members consider “next steps” they ought to take.

Judicial approval was not obtained to acquire the communications data, thereby breaching the Acquisition and Disclosure of Communications Data Code of Practice​, Burton said last week.

The five applications “failed to satisfy adequately the requirements of necessity and proportionality” and did not properly consider the European Convention on Human Rights. Two were approved by a ‘designated person’ who was not independent of the investigation in question.

Last week Matheson stressed that Police Scotland has taken steps to prevent a repeat, albeit acknowledged that the force’s actions in accessing communications data had “fallen short of the standards expected”.