MSPs launch fresh bid to call in police officers at centre of spying rule breaches

A stand-off between Police Scotland and a parliamentary committee has escalated as MSPs launched another attempt to call in serving officers over the force breaking rules on intercepting communications in an effort to identify journalists’ sources.

The single force last week snubbed an attempt by a the Justice committee to call in the officer who heads up its counter corruption unit as well as two detective superintendents and a detective inspector at the centre of breaches identified by the Interception of Communications Commissioner’s Office (IOCCO).

Instead, Police Scotland offered up assistant chief constable Ruaraidh Nicolson, who gave evidence to MSPs yesterday, after the force was found to have breached IOCCO’s code of practice on five occasions while seeking communications data.

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However, the committee has now revived its efforts to bring the four officers to Holyrood, extending an invitation for the third time and pencilling in a third evidence session on IOCCO’s revelations for 26 January.

In a sign of MSPs’ growing frustration with Police Scotland, though, the invitations have been sent to the staff associations representing each of the officers - the Association of Scottish Police Superintendents and the Scottish Police Federation - rather than Police Scotland itself.

The move comes after deputy convener Elaine Murray expressed the “disappointment” of the committee that the four officers had been “prevented” from appearing by police chiefs.

MSPs had asked in mid-December that the officers appear at Holyrood, prompting Police Scotland’s interim head of legal services, Duncan Campbell, to request that the invitations be withdrawn.

The solicitor claimed that the committee was “acting beyond its powers”, that there may be “improper disclosure of information and/or material” as a result of them appearing at parliament, and that the officers could be put at risk.

But Justice Committee convener Christine Grahame was not convinced and repeated the invitations, which Police Scotland subsequently turned down, leading to Nicolson’s appearance at Holyrood this week.

Nicolson told MSPs the force was concerned that calling the four officers to give evidence could “undermine” what might happen at a future Investigatory Powers Tribunal. He also claimed that officers could be put at risk as a result of a public appearance at the Scottish Parliament.