Police Scotland reject MSPs call for serving officers to give evidence on spying rule breach

Police Scotland has snubbed an attempt by a Holyrood committee to call in serving officers over the force breaking new rules on intercepting communications in an effort to identify journalists' sources.

Holyrood’s Justice Committee had agreed to call in the officer who heads up Police Scotland’s counter corruption unit as well as three of his colleagues at the centre of breaches identified by the official surveillance watchdog.

The decision came after the Interception of Communications Commissioner’s Office (IOCCO) confirmed Police Scotland breached the watchdog’s code of practice on five occasions while seeking communications data. Four individuals were “adversely affected”, Interception of Communications Commissioner Sir Stanley Burnton said, labelling the breaches “reckless”.​

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However, deputy chief constable Neil Richardson - who himself gave evidence on the matter last month - has now written to MSPs to tell them that the officers will not be appearing next Tuesday as requested. Instead, assistant chief constable Ruaraidh Nicolson will be sent in their place.   

Police Scotland’s interim head of legal services, Duncan Campbell, wrote to MSPs last month urging them to withdraw invitations to the four police officers.

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 have now turned down.

Richardson said: “There clearly remains some critical legal issues, and particularly those touching on matters of competence, which are not yet fully resolved. There is also the issue of risk to the four named officers and that, too, remains outstanding.

“While such matters remain unresolved and outstanding I do not see that I am in a position, properly, to forward the invitation... to them and as I am asked by you to do in your letter to me of 16 December 2015.

“Notwithstanding, I still wish to try and assist the Committee as much as I can. To that end, my suggestion is that if the Committee still wishes to hear from an officer of Police Scotland at its meeting on 12 January that ACC Ruaraidh Nicolson would be better placed to do so.”

Deputy convener Elaine Murray, who responded to Richardson in Grahame's absence, has accepted the offer of hearing from Nicolson, whose responsibilities cover organised crime and counter terrorism.

But the Labour MSP said: “The agreement to hear from ACC Nicolson is without prejudice to any further decisions the Committee may take in relation to these matters.

“The Committee will consider next steps, including whether to call further witnesses, in the light of evidence taken next Tuesday.”

Richardson last month told the committee that the breaches identified by IOCCO were the result of a “misinterpretation of new legislation”.