Beruflich Dokumente
Kultur Dokumente
Policing in Scotland
November 2015
Executive Summary
Announced on 31st August, the aim of the review was to assess the effectiveness of
the single police force and propose reforms to restore local accountability and
reverse the impact of damaging cuts to staff and services.
The review looked at:
Local accountability
Practical policing
The relationship between Police Scotland, the Scottish Police Authority (SPA)
and Scottish Government ministers
Staffing and targets
As part of the review I wanted to speak to the public, rank and file officers, civilian
staff, community groups, victim support staff and others. I am grateful to report that
without exception contributions were made in a constructive and positive manner
Scottish Labour proposed a community focussed single service police and
firefighting capability in 2011, but the SNP government subsequently engineered
something very wrong in terms of its implementation. In spite of recommendations to
the contrary and significant motions from Scottish Labour to provide a balanced
approach to reforms the Scottish Government used their majority to deliver a
centralised agenda. The quango appointments to the Scottish Police Authority
Board apparently acquiesced to the demands from The Scottish Government and its
single minded chief constable to deliver budget cuts, redundancies and a policy of
inappropriate target setting demanded by the Cabinet Secretary.
That is why policing in Scotland needs a shake-up and this review is not an exercise
in kicking the issue into the long grass. We need to get back to the kind of
community policing that made Scotland the envy of the world at one time.
Police Officers and staff need more management support, and the structures of
governance and accountability need to be improved. The reports recommendations
are as follows:
A more robust SPA - The SPA must adapt its role in order to scrutinise
genuine governance in order to ensure high levels of public accountability for
police activities and budgets. The Chair of the SPA should therefore be made
confirmable by a vote of the whole parliament.
Learn from the past: a full business case is crucial - There should be
an acknowledgement from the Scottish Government and the SPA that the
absence of a full business case before the commencement of Police Scotland
has created significant problems when taking forward a reform of this
magnitude.
I am grateful to all those who contributed to this review, in particular those who
travelled some distance to the meetings that I conducted across the country. I would
also like to thank those who telephoned, emailed, wrote to me and told me in person
their views and recommendations. This report captures as fairly as I could the
evidenced views expressed during this process.
Given the urgency and scale of this issue, I am also grateful to John McKenzie,
Gemma Cheek, Peter Speirs and Paul McKay who have worked diligently to produce
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this review quickly. Much of the work to produce this review has relied on their good
will.
I also would like to make special mention of the support from Unison who made our
schedule of public meetings possible.
The people of Scotland need and deserve a police force that does its job thoroughly
and efficiently. It has been increasingly clear in recent years that Police Scotland is
not working properly. Going around the country, listening to what ordinary officers,
staff, members of the public and local politicians have had to say has painted a
worryingly consistent picture of a centralised, politicised and autocratic police force
with little to no meaningful local accountability. All this has emerged as a
consequence of the Scottish Governments handling of the formation of Police
Scotland. This Review is a distillation of these concerns, and a contribution to the
process of shaping our police service and holding it to account that is essential in
any democracy.
The Review is in four parts. Firstly, I will discuss issues regarding local accountability
of the national force. Structural problems arising from the creation of the single force
lie at the heart of many of Police Scotlands problems, both in execution and
perception. I will then move on to discuss a series of issues that have arisen in my
discussions with ordinary staff members during the Review process. The third
section will explore the problems of top-level accountability within Police Scotlands
structure. Finally, I will discuss issues of staffing and a narrow target-driven agenda
within Police Scotland.
Throughout this Review process, my staff and I have been reminded of the skill,
professionalism and dedication of Scotlands police officers. It is incumbent upon
those of us trusted with creating the structures in which they operate to ensure that
they are supported and empowered. I have also been reminded of the importance of
entering into an open and sincere dialogue with local people. It is only with the
consent of the community that the police can operate. This consent must be
constantly renewed and secured. Their trust can be established only with strong
local accountability, motivated local officers and properly created structures.
Local accountability
Review submissions
The direct link with the community has been lost and needs to be reinstated"
Local accountability has been lost. Old Police Boards, chaired by senior
elected members kept local issues to the fore, and the local forces were held
much more accountable to local areas than they are now.
Helping those that need help is any police services essence. Arresting criminals and
reporting evidence to the Procurator Fiscal is Police Scotlands duty. They are the
mark of successful policing and, local accountability lies at the heart of measuring
that success.
To that end, everything Police Scotland and its national partners do should seek to
deliver on those objectives effectively. However, they must take account of the role
councillors and others at the local level should play. It is disappointing that COSLAs
voice on policing has been largely overlooked by the Scottish Government.
Councillors on the local boards should already have a right of audience to the SPA
on matters unresolved at their local committees in discussion with their commanders.
These local committees could co-opt onto their committee local people who are
deemed skilled in the exercise of scrutiny for example, people from business,
industry, crime prevention and victims' organisations. Perhaps even solicitors or
advocates, not primarily involved in criminal justice, could provide more forensic
oversight.
Concerns have been raised by COSLA and others regarding the closures of control
rooms and police offices. These concerns could have been resolved had a better
process of consultation been in place. Many of the problems that have arisen from
control rooms in recent times could have been avoided had police, fire and
ambulance services alongside the coastguard service been relocated into local hubs
to improve cooperation and save significant finance in terms of infrastructure
support.
It is often said by Police Scotland that there are 353 ward plans, agreed after local
consultation. Throughout the Review, we have met with many local people who are
unaware of any such consultation, including many councillors. Only in parts of
Highland Region did we hear of physical consultation taking place to hear what
communities thought. It is clear that this is largely a meaningless process which
provides little, if any, additional localisation.
The big unresolved matters from a local authority perspective include CCTV funding
and control and the need for ongoing funding commitments from local authorities.
For example, the City of Edinburgh Council is currently considering the withdrawal of
more than 2 million in contributions to Police Scotland designed to enhance ward
level policing across the city. Should other cash strapped local authorities go down
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the same route, local policing will be sorely affected under the funding regime
currently in place.
One contributor to this Review stated that "the Scottish population has lost trust in
the police". I do not believe that this is entirely true; most ordinary people trust their
local officers to work diligently in the interests of the local area. However, the results
of the recent staff survey, taken together with the contributions made to this Review
point to the existence of two Police Scotlands. One on the shop floor, as the staff
survey revealed, where officers and civilian staff work as a team, trust each other
and feel good about the work they do. The other Police Scotland fails to win the
support of the public, politicians and the media due to its institutional failure to keep
its promises and candidly tell the truth. The job now for the Scottish Government is
to bring these two services together to ensure that the co-operation, hard work and
earnestness shown at local level is replicated at the highest echelons of the national
service. It is no doubt a big task but one that officers, support staff and the public can
rise to.
Many contributors made reference to the Strathclyde Way, reflecting the perception
that Police Scotland sought to deliver a one-size-fits-all approach to policing across
the country. This short-hand for centralisation created a sense of alienation in the
minds of officers and staff at every level and made it more difficult for officers to use
their initiative when dealing with problems.
To ensure that local accountability is at the heart of Police Scotlands service,
divisional commanders and local police leadership need to be given autonomy to
allow them to answer the questions raised by their communities, rather than to be
message carriers for the centre. At the same time, local councillors and those who
would serve on local committees should be offered training to ensure that they are
able to ask challenging and probing questions of police rather than force fed with
statistics and targets. In that new light, committees would be best placed for
applauding good work, challenging shortcomings and contributing to policing in the
future. Policing by consent will become a banner line of some meaning. Together
with that right of audience at the SPA board when necessary, levels of responsibility
in all matters policing will be clarified and have meaning with impact.
Running through many of the points raised was the perception that the service paid
heed solely to the views of its Chief Constable who operated alongside an executive
group that offered little in the way of constructive alternative views at the time of
decision. In the minds of staff, this was a major factor in the eruption of the
controversies around stop and search, firearms policies, the closure of control rooms
and police offices. The review offers no view on the accuracy of such opinions, but
there is no doubt such opinions were strongly and widely held. What is apparent is
the absence of any external challenge to developments across the policing
landscape unless and until events created a public clamour for action via the media
or Scottish Parliamentarians.
Practical Policing
Review submissions
The existing ICT is slow and unreliable making access to systems time
consuming and problematic. This was not taken into account when the new
structure was applied.
Three officers from the west of the region spent 10 hours travelling with 3
custodies Again, how can this be cost effective?
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IT Systems
The capacity for existing and proposed information technology services to support
and enable a fast and effective policing response is severely questioned by all those
who contributed to the Review and made comment on the issue. Officers and staff
complained bitterly of growing paperwork necessary to deliver on their work, and of
IT Systems making this process even more cumbersome. We often hear that Police
Scotland is in its infancy. However, many of the people charged with delivering in
this area of policing were in post for many years before the single service and were
supposed to be developing the future for policing across Scotland even then. So the
history is not good.
The Common Performance Management Platform (CPMP) cost 8.7m, was
inoperable at any stage and abandoned with HMICS noting: Project risks and issues
were not identified and managed well throughout the project lifespan.1 The I6
programme, ongoing for nearly a decade in one form or another and forecast to
spend 40m, is still not near to delivery despite assurances in Parliament from Police
Scotland and the SPA that the CPMP debacle would not be repeated. At the same
time rationalised control rooms across the country appear ill-served with the
technical support to enable the seamless receipt of calls, information and intelligence
to be managed without human interventions. The system appears to require written
notes to ensure the management of thousands of daily calls, when the logging of
calls from the public should by now be the easiest element of the process given the
software solutions available. Simply, a police service without adequate and
functioning IT services as described is not fit for the 21st century.
British Transport Police
The future for the British Transport Police (BTP) was raised at one meeting where
concerns regarding safety on the railway lines, training, watering down of standards,
interconnection across the network as well as pension rights, employment issues
and pay and conditions were all mentioned. From the Reviews viewpoint insufficient
evidence has been forthcoming in support of submerging the BTP into Police
Scotland to make a judgement on its efficacy. A full business case must be produced
ahead of time to enable proper assessment and a judgement to be agreed. Until
then, the sceptics will continue to suggest the eradication of "British" from the
policing title is the main objective in this Scottish Government exercise. The absence
of a full business case stage in the development of the national police service has
proved critical in enabling failures to occur during this important reform phase.
Professional Standards
Complaints handling, professional standards and anti-corruption efforts are a source
of concern in the minds of a number of officers and many members of the public.
The use of the courts to resolve all issues of Data Protection infringements raised
serious questions of proportionality. The entire approach to professional standards
within Police Scotland must be reviewed as a matter of urgency by senior members
1
HMICS Review of the Common Performance Management Platform Project, April 2013 http://www.gov.scot/Resource/0042/00425751.pdf
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within Police Scotland and the Lord Advocate with a view to transferring
responsibility for these duties to the PIRC. It not only provides an enhanced level of
independence in the future in respect of the management of these cases but such a
change will also answer human rights concerns of those pursuing European
Convention of Human Rights (ECHR) requirements by ensuring a demonstrable
independence in the handling of complaints from the beginning. Timescales
attached to the handling of such cases should also be addressed. The current
examples of officers being suspended for years or subject of 'gardening leave'
whatever that means in terms of police discipline is unacceptable. Staged and
agreed updates should be made public to ensure progress is maintained to resolve
cases.
Police Establishments
The question of political interference in policing decisions around police
establishments was asked and many viewed political involvement in such decisions
as inappropriate. In discussion, I have been clear that my view from the beginning
was that such commitments had a negative side which we needed to identify. We
now realise the additional 1000 police officers were delivered on the backs of nearly
2500 support staff redundancies. It is also clear that the 1,000 officers promised by
the Scottish Government in 2007 did not translate to 1,000 additional people on the
beat. But rather officers have been redeployed to serve a series of office jobs,
centralised units and national task forces. The needs of local policing have been all
but ignored in the rush to centralise the service and the drive to deliver 1.4 billion in
savings too quickly.
Although public appetite for ever increasing numbers of police officers is
understandable, decisions around the size and nature of police establishments and
support should be a matter for the Chief Constable and the board of the SPA. If
operational independence is to have any meaning, the number and operational
deployment of police officers should be a matter for the Chief Constable in light of
the budget approved.
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Relationships
Review submissions
The SPA is completely ineffective in holding Police Scotland to account. The
Chief Constable has too much power in non-operational matters. Policing
policies are not openly debated.
The Scottish Police Authority has an essential role to play in calling the force
to account on behalf of the Scottish public, but the current Authority (a simple
quango, all of whose members are appointed by the Minister) lacks the clout
and public standing which it needs.
It is clear from analysing the Scottish policing scene that a number of powerful
agencies and establishment groups have a huge influence over the way in which
policing is exercised in Scotland. Though not an exhaustive list, key amongst them
are:
Police Scotland, the Scottish Police Authority (SPA) and the local police
oversight committees of councillors, the Lord Advocate, Scottish Government
Ministers and their civil servants and the Scottish Parliament.
Some - perhaps all will see themselves as representing to a lesser or greater
extent public opinion and the public's voice in all matters law enforcement and
policing. What has become clear since policing reform however is the vital need for
each of these agents to play their full part in developing a police service capable of
policing communities by consent while maintaining the capacity to protect the
interests of Scotland as a nation at a time of crisis. To that extent, the reform
progress has been imperfect in its delivery. Too much time was spent creating
positive messages and sound bites, too many announcements regarding partnership
working but at the same time too little commitment to delivering on the basic needs
of people across our communities.
The Scottish Government seems to have failed to understand or has wilfully ignored
the importance of ensuring the relationships between all these agencies work
together to deliver an efficient and effective police service. As a result we have
witnessed a series of fudged outcomes, soft commentaries and reviews plainly
designed to avoid the realities of what has gone wrong. The fanfare of 'lessons
learned' has played too often on the back of soft peddled observations in respect of
the shortcomings thus far. A single, now acknowledged by the SNP, as a National
police service is also a police force. It is imperative that those we trust to lead and
direct that service or force are held to account no matter how painful that exercise
proves to be. Increasingly the public have concerns about privacy, technical
surveillance and the role of the police supporting Scottish Government policies. In
that light, transparency, good governance and effective accountability at the highest
levels will ensure the good health of policing for the next generation.
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they didnt realise that any change to an arming of police policy was being
proposed.
The Scottish Government has also repeatedly suggested that questions or concerns
raised were asking the Scottish Ministers to get involved in policing and were
therefore threatening to the Chief Constables operational independence.
Operational independence is essential for the Chief Constable in times of urgency
and crisis when committee decisions are unrealistic and in regard to the investigation
of crime. However, Scottish Ministers have shown themselves to be selective as to
when they do or do not get involved. When Kenny MacAskill was Justice Secretary,
he received a private briefing from the Chief Constable on the issue of standing
authorisation whereas the SPA board did not.2 The First Minister Nicola Sturgeon
bypassed the SPA board when she contacted the Chief Constable directly regarding
the use of stop and search on children and announced that the practice would be
stopping forthwith.3 The Cabinet Secretary Michael Matheson felt able, on the benefit
of a briefing from Police Scotland to make public (and it proved inaccurate)
statements with regard to the crash off the M9 earlier this year.4 In each case,
Scottish Ministers involved themselves in issues that the SPA should have resolved.
If the Scottish Government had ensured that the SPA was more robust, these
interventions would not be necessary. The Cabinet Secretary or First Minister should
have contacted the Chair of the SPA Board rather than the Chief Constable.
Currently, the SPA has the demeanour of a rubber stamping body rather than one
tasked with holding the Chief Constable of Police Scotland to account. One reason
for this is perhaps that it doesnt know its role and purpose. The legislation is clear in
my view and ensures that Scottish Ministers appoint the Chair and Board of the SPA.
That Board, selected by the Chair from candidates approved by the Scottish
Government has to be made up of people with a proven record in delivering robust
governance. It also should not feel beholden to its benefactors, the Scottish
Government. The position of Chair of the SPA should therefore be made confirmable
by a vote of the whole parliament. While this may be symbolic in practice, it would
hopefully demonstrate that the Board is not merely an extension of the Scottish
Government, and give them more confidence to proceed when they need to.
The Scottish Government has failed to produce a full business case for Police
Scotland. Many MSPs asked for one, including myself. In fact, I asked for the full
business case at the first evidence-gathering panel held by the Justice Committee
into the Police and Fire Reform Act 2012.5
A business case should set out the justification for the reform; the justification for
following this reform instead of taking another action; of the costs involved; and a
detailed expectation of the benefits of the project. Creating a single police force is
the biggest public service reform in Scotland since devolution, and the biggest
2
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=9199&i=88975;
http://www.bbc.co.uk/news/uk-scotland-31365283; http://www.dailyrecord.co.uk/news/scottishnews/police-scotland-chief-set-consider-5111356
4
http://www.scotsman.com/news/politics/top-stories/inquiry-scapegoat-fears-over-m9-crash-tragedy1-3830093#axzz3qcf8ia1l
5
Justice Committee Official Report 28 February 2012
http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=7208&mode=pdf
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change to policing in 40 years. Yet there is no business case that was shared ahead
of time to educate the public of the reforms being undertaken and the expected
impact. And no business case to consult now to determine how the structures, as
currently operating, compare to the vision set out by Ministers.
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Scotland's police officers are doing their best under very difficult circumstances.
However, instead of doing the job they trained for, too many are having to fill back
office functions because of Scottish Government inspired cuts to civilian staff.
Thousands of civilian staff have been laid off, undervalued by the Scottish
Government whose commitment to 1000 extra officers without regard for the total
force strength. Highly trained officers are now completing various administrative
instead of being on the beat.
Backfilling
Much has already been said and even more denied by both the police and the SPA
in relation to backfilling. However, almost at every stage of this review process, we
have heard stories affecting intelligence, warrants, firearms, forensics,
administration, personnel, control rooms, custody suites and public counters where
civilian staff have been made redundant or moved to see their duties taken over by a
uniformed police officer.
For example, the Review learned that in one division, 130 police officers were
allocated support duties. Those duties included Service delivery (1 inspector 2
sergeants and 6 PCs); Licensing (1, 2 and 5); Operations planning (1, 2 and 8);
Prevention and intervention (1, 2 and 14); Divisional admin support (1, 5 and 58);
local authority liaison (0, 2 and 1); and Performance support (0, 0 and 18). Some of
these jobs may indeed require a police officers input, but on the whole, this cannot
be the best use of an officers time.
In addition, the better systems much needed across the police service would, without
doubt, enable many of the statistics gathered by these groups to be obtained without
the loss of so many trained and professional police officers. Those officers left on
the shifts responsible for responding to calls for assistance are feeling the pressures
they face and have a view that they are not prioritised sufficiently as a vital part of
the service in need of resources. For their part, support staff feel under threat as
they are shifted or made voluntarily redundant to accommodate policy imperatives.
The staff who leave take with them professionalism and knowledge invaluable in the
areas they previously worked. In one case referred to us, a section of support staff
first discovered they were no longer to be employed in their area of expertise when
they attended a PowerPoint presentation from a senior officer and noted the slide
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of Lamara Bell and John Yuill on the M9, the target was met in so far as the call was
eventually handled. This demonstrates the deficiency of such a narrow, targetfocussed approach to policing.
In a separate development, the operation of PADS (public advice departments) and
flexible policing units may be seen as papering over the cracks, as they superficially
deal with volume calls and apparently fill the gaps but in essence act primarily as a
catch-all mechanism.
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Recommendations
Though much evidence was gathered by this review, a great deal more remains to
be unearthed. We can but hope the governments own review of Police Scotland will
apply its extensive resources to as wide and deep an examination of the critical
issues for the future as possible.
A copy of this review will be shared with the Cabinet Secretary for Justice to use as
he sees fit. For the sake of those who provide us with policing across Scotland, I
hope the Scottish Government take seriously the worrying signs noted throughout
this review and respond positively.
A more robust SPA - The SPA must adapt its role in order to scrutinise
genuine governance in order to ensure high levels of public accountability for
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police activities and budgets. The Chair of the SPA should be made
confirmable by a vote of the whole parliament
Learn from the past: a full business case is crucial - There should be
an acknowledgement from the Scottish Government and the Scottish Police
Authority that the absence of a full business case before the commencement
of Police Scotland has created significant problems when taking forward a
reform of this magnitude.
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Police Scotland currently employs 17,492 police officers and 5,946 support staff.
11,796 people took part in survey (50.4% response rate)
Information overload and organisational change
Nearly half of respondents feeling overloaded with information that they did
not need to know (47%) yet only 22% of respondents felt that they had
appropriate information on what Police Scotland want to achieve and 12% felt
they had appropriate information on what SPA want to achieve.
36% of respondents felt that they got the right amount of information to do
their job.
Officers feel they are losing touch with local people: Police Officers also
suggested that they felt their role was changing and expressed a concerned
that they were losing contact with local communities rather than increasing
their focus on local issues. Many of these comments mentioned a concern
related to a policing model adopted where they felt one size did not fit all
areas. (p.34)
19% of police officers believed the actions of senior management are
consistent with the forces values.
Only 21% knew how promotions decisions were made.
Only 9% believed those at the top would take action on the surveys results.
47% of all respondents stated that they did not receive recognition for any
good work that they do and 37% stated they were not motivated to do the job
to the best of their ability
Only 15% felt valued and recognised for the work they do
47% of respondents felt that pressure at work was affecting their performance
at work. 16% of respondents strongly agreed with this statement, with the
balance of 31% agreeing with the statement.
30% felt that they had the resources they needed to do their job properly
Only 50% believed their work gave them a sense of personal achievement.
Only 30% receive recognition for any good work they do.
Only 18% thought they would be supported if they tried a new idea, even if it
did not work.
Wellbeing ignored
8% thought that the organisation was genuinely interest in the wellbeing of its
people
Only 60% felt able to raise issues about their physical health and 53% of their
mental health
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Only 18% thought that they had been provided with opportunities for them to
develop their careers.
Only 18% receive training and development that is relevant to their future
career development.
Only 40% believed they were able to achieve a good work/life balance.
Only 15% felt valued and recognised for the work they do. Only 18% of police
officers felt valued for the work they do.
Only 37% are proud to work for the force.
Only 17% would recommend it as a good place to work.
33% of respondents saw themselves leaving SPA/Police Scotland in the near
future.
49% highlighted the pension changes as a reason to question their
commitment.
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Concluding Points:
Lack of personal control and insufficient resources
has led to unhealthy levels of anxiety and depression
among the members.
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Mental health issues are unlikely to be reported openly since there is a culture
that promotes infallibility and seeking support as a weakness.
Individual wellbeing must be improved, which by consequence will enhance
the quality of service to communities.
ASPS executive has established Wellbeing Group to monitor and report on
progress and implement initiatives.
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Submission 3:
The SPA is completely ineffective in holding Police Scotland to account. The Chief
Constable has too much power in non-operational matters. Policing policies are not
openly debated.
Local accountability has been lost. Old Police Boards, chaired by senior elected
members kept local issues to the fore, and the local forces were held much more
accountable to local areas than they are now. This is missing now, and needs to be
restored.
In my view, the single force can work, but it is currently too centralised, too focussed on
budgets cuts, and target driven.
Submission 4:
Whilst the Government may boast about the increase in local scrutiny of policing
arrangements in my view they are of little value. These Council led groups appear to
scrutinise police activity within certain defined parameters. The greatest weakness is
that the local police commander is not accountable to them. If Police Scotland chooses
to ignore the advice or recommendation provided by such a group it is free to do so.
Another great weakness is that there is no formal procedure or forum where these
scrutiny groups can meet with the Scottish Police Authority or central government to air
any concerns they have about policing in their area.
Submission 5:
1. There is no doubt that the decision to establish a single Scottish police force was
the right one (and long overdue). Under the old structure there were 5 tiny forces
which simply did not have the expertise or range of experience to cope with the
challenges of modern policing.
2. However the model chosen for the new single force was over-centralised and did
not take account of local circumstances and views. Most policing is local (over
75%) and local communities ought to have an input into how this is organised,
local priorities and plans, and their delivery. It would be perfectly possible, within
the context of a single force, to establish (statutory) police committees with the
ability to discuss and agree priorities and business plans for a particular area and
to call the local Assistant Chief Constable to account. I would be thinking in terms
of setting up 6 or so committees across Scotland to reflect (to some extent) the
geographical diversity of Scotland. Membership of the committees would consist
of councillors nominated by each of the councils for that area.
3. The Scottish Police Authority has an essential role to play in calling the force to
account on behalf of the Scottish public, but the current Authority (a simple
quango, all of whose members are appointed by the Minister) lacks the clout and
public standing which it needs. Ideally the Authority should be directly elected, but
there are other options. It could be elected by the Parliament (in effect as a
parliamentary committee). Or its composition could be determined statutorily so
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that, for example the regional police committees at 2 above could each have the
right to nominate one member with the balance being added by the Minister.
4. In any event the Chair of the Police Authority should be a public figure who is
accountable to the Parliament and not just to the Minister. One way of seeking to
achieve this would be to provide that his or her appointment should be subject to
confirmation by the Parliament.
5. The position of the Inspectorate of Constabulary needs to be addressed. The
Inspectorate has an important potential role to play in providing an independent,
professional assessment of how the force is performing. However the Scottish
inspectorate has always been less powerful than the English Inspectorate which,
it should be noted, is now headed by someone who is not a policeman. By
comparison the Scottish Inspectorate is headed by someone who was formerly an
Assistant Chief Constable in the force he is now inspecting; in a rank conscious
service (and however able the incumbent may be) this counts! More
fundamentally it is questionable whether an Inspectorate which inspects only one
force serves a useful purpose, given that one of its main functions (since Victorian
times) has been to compare different forces and to raise the standards of the
weaker to those of the best. In order to provide an independent assessment of
how the Scottish force is performing in relation to other comparable police forces
(ie outwith Scotland), expertise needs to be brought in from the rest of the UK,
Europe and even the US.
6. Another option which should be considered is to absorb the Inspectorate of
Constabulary into a wider Justice Services Inspectorate, to include the Prisons
Inspectorate, the Courts Inspectorate and the criminal justice element of the
Social Work Inspectorate. Such an Inspectorate would then be able to review how
criminal justice is delivered across the range of services, rather than from different
silos. I would however reiterate the point that perspectives from outwith Scotland
would be very valuable.
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