Officers at centre of police 'spying' rule breaches decline Holyrood invitation

Three of the four officers at the centre of a row over Police Scotland breaking rules on intercepting communications in an effort to identify journalists’ sources have declined invitations to give evidence in parliament.

Holyrood’s Justice Committee sent invitations to the four officers via their staff associations earlier this week after Police Scotland refused to put them up, sending an assistant chief constable instead. 

MSPs have made three attempts to call the chief superintendent who heads up Police Scotland’s 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).

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IOCCO recently confirmed the single force breached the watchdog’s code of practice on five occasions while seeking communications data, labelling the breaches “reckless”.

On Tuesday, deputy convener Elaine Murray expressed the “disappointment” of the committee that the four officers had been “prevented” from appearing by police chiefs.

However, the Association of Scottish Police Superintendents (ASPS), which represents three of the four officers, has said its members do not feel they can add to evidence already given by two members of the force’s senior leadership team.

ASPS president Niven Rennie told MSPs that the officers “would prefer not to attend a committee session at this time” after the committee proposed to hold an evidence session later this month.

“None of our members believe that they have any information to share with the committee which would add to the evidence which has already been provided,” said Rennie.

The three officers believe a review of Police Scotland’s counter corruption unit, which is being led by HM Inspectorate of Constabulary in Scotland (HMICS), will provide “further clarity” on the issue, as will any potential legal proceedings such as an Investigatory Powers Tribunal.

“Our members wish to confirm their intention to fully assist HMICS and any other relevant inquiry arising from this matter,” added Rennie. “We very much hope that you will accept the position of our members in this respect.”

A response from the Scottish Police Federation, which represents the detective inspector invited to give evidence, has yet to be published, though it is understood that the officer is prepared to assist the committee.

MSPs will discuss what steps they ought to now take when they meet next Tuesday.