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MSPs set to ban Police Scotland from using non-statutory stop and search MSPs set to ban Police Scotland from using non-statutory stop and search
(about 3 hours later)
Scottish ministers are expected to announce a ban on police using stop and search without legal cause after an independent inquiry found it was of “questionable lawfulness and legitimacy.” Scottish ministers are to ban police from using stop and search without legal cause after an independent inquiry found it was of “questionable lawfulness and legitimacy.”
Related: UN human rights body criticises police stop-and-search powers in Scotland
An investigation headed by John Scott QC, a human rights lawyer, has told ministers that Police Scotland had made “excessive” use of its informal powers to search people, including tens of thousands of children, without any evidence they had committed a crime.An investigation headed by John Scott QC, a human rights lawyer, has told ministers that Police Scotland had made “excessive” use of its informal powers to search people, including tens of thousands of children, without any evidence they had committed a crime.
With ministers expected to agree to his call on Thursday for a new statutory code on police search powers and to discuss possible powers to search children for alcohol, Scott’s review said: “Non-statutory stop and search lacks any legal framework and is of questionable lawfulness and legitimacy, with poor accountability.” Ministers agreed on Thursday to set up a new statutory code on police search powers and to discuss the need for specific powers to search children for alcohol after being warned by Scott that “non-statutory stop and search lacks any legal framework and is of questionable lawfulness and legitimacy, with poor accountability.”
And in a further reverse on policing policy, Nicola Sturgeon, the first minister, said her government now accepted “unreservedly” a call by the police inspectorate to postpone plans to close three Police Scotland call centres after the deaths of Lamara Bell and John Yuill, whose crashed car was ignored by police for three days.And in a further reverse on policing policy, Nicola Sturgeon, the first minister, said her government now accepted “unreservedly” a call by the police inspectorate to postpone plans to close three Police Scotland call centres after the deaths of Lamara Bell and John Yuill, whose crashed car was ignored by police for three days.
Related: M9 crash police call centre had 10% staff absence rate Michael Matheson, the Scottish justice secretary, had insisted soon after their deaths on the M9 in July that there was no evidence the police’s failure to investigate the first public call was down to human error – or because call centres were overburdened or a “systemic failure”.
Michael Matheson, the Scottish justice secretary, had insisted soon after their deaths on the M9 in July that there was no evidence the police’s failure to investigate the first public call was due to call centres being overburdened or a “systemic failure”. It was down to human error, he said. After acknowledging that stop and search powers needed root and branch reform, Matheson told Holyrood on Thursday that he would give Police Scotland an extra £1.4m to recruit up to 75 extra call centre staff, after weeks of denial that funding was an issue.
Sturgeon’s promise at Holyrood came as opposition leaders said her government had to admit that it shared the blame for these crises. An interim report by Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) after police failed to investigate a public call about the M9 crash found on Thursday there were “significant staff shortages” at the Dundee, Aberdeen and Inverness call centres, which led to real risks of further serious errors.
Matheson said: “I fully accept there are challenges and some of the events over the summer have prompted legitimate public concern. But the fundamentals of our policing remain sound.”
Val Thomson, an assistant chief constable for Police Scotland, also admitted that its call centres had been under strain, confirming that it was already taking action. “Our call answering times on non-emergency lines needed to improve. They have now not only improved but also stabilised in the east and west [areas] above the expected levels of performance,” she said.
The heavy use of non-statutory stop and search – including against children – was a key crime-fighting pledge in the Scottish National party’s 2011 election manifesto and was defended by ministers.The heavy use of non-statutory stop and search – including against children – was a key crime-fighting pledge in the Scottish National party’s 2011 election manifesto and was defended by ministers.
Scottish ministers had repeatedly brushed off complaints about “industrial levels” of stop and search, and warnings about cost-cutting at police call centres, said Willie Rennie, the Scottish Lib Dem leader, and Ruth Davidson, the Scottish Tory leader.Scottish ministers had repeatedly brushed off complaints about “industrial levels” of stop and search, and warnings about cost-cutting at police call centres, said Willie Rennie, the Scottish Lib Dem leader, and Ruth Davidson, the Scottish Tory leader.
The wider crisis of confidence in Police Scotland, which included a row over routine patrols by armed officers and the death in custody of Sheku Bayoh in Kirkcaldy, came to a head last week after its first chief constable, Sir Stephen House, bowed to intense pressure and announced he would resign early.The wider crisis of confidence in Police Scotland, which included a row over routine patrols by armed officers and the death in custody of Sheku Bayoh in Kirkcaldy, came to a head last week after its first chief constable, Sir Stephen House, bowed to intense pressure and announced he would resign early.
Related: Sir Stephen House was not the figurehead Police Scotland needed | Ruth Wishart
Kezia Dugdale, the Scottish Labour leader, said until now ministers had “closed ranks with the top brass” on controversies over stop and search, the closure of police station public counters, alleged spying on a journalist, armed police on routine patrol, and the M9 deaths.Kezia Dugdale, the Scottish Labour leader, said until now ministers had “closed ranks with the top brass” on controversies over stop and search, the closure of police station public counters, alleged spying on a journalist, armed police on routine patrol, and the M9 deaths.
Since 2010 and with the subsequent merger of Scotland’s eight regional forces into one force two years ago, civilian staffing at Police Scotland had been cut by 2,350 posts, a fall of 30%, with House forced to protect uniformed officer numbers to meet a government target to fix police numbers.Since 2010 and with the subsequent merger of Scotland’s eight regional forces into one force two years ago, civilian staffing at Police Scotland had been cut by 2,350 posts, a fall of 30%, with House forced to protect uniformed officer numbers to meet a government target to fix police numbers.
“We know that civilian staff numbers have paid the price for that policy,” Dugdale told Holyrood. “The police force in Scotland is weaker under this government.”“We know that civilian staff numbers have paid the price for that policy,” Dugdale told Holyrood. “The police force in Scotland is weaker under this government.”
With ministers now keen to end these disputes and accept reform, Matheson is to release details later on Thursday of a new review of the oversight and accountability systems for Police Scotland, when he also accepts the recommendations from both the Scott review and on police command centres. Sturgeon said ministers had a “sacred duty” to learn lessons from mistakes: everyone, she said, had been “shocked and saddened” by the deaths of Bell and Yuill. But she said opposition parties had themselves backed plans to create Police Scotland, which had helped oversee the lowest crime levels for 40 years.
Sturgeon told Holyrood that ministers had a “sacred duty” to learn lessons from mistakes: everyone, she said, had been “shocked and saddened” by the deaths of Bell and Yuill. HMICS said command rooms at Govan, Motherwell and Bilston Glen, where calls are due to be centralised, still did not have sufficient trained staff. Their closure should be delayed until all other control rooms were fully staffed and expanded.
But she said opposition parties had themselves backed plans to create Police Scotland, which had helped oversee the lowest crime levels for 40 years.
An interim report by Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) after police failed to investigate a public call about the M9 crash found there were “significant staff shortages” at the Dundee, Aberdeen and Inverness call centres, which led to real risks of further serious errors.
The command rooms at Govan, Motherwell and Bilston Glen, where calls are due to be centralised, still did not have sufficient trained staff. Their closure should be delayed, said HMICS, until all other control rooms were fully staffed and expanded.
“The current practice of diverting unanswered ‘overflow’ calls to the sites in Govan, Motherwell and Bilston Glen is creating additional risk by passing incidents back to the north area control rooms in the absence of a single national command and control system,” it said.
It said: “Police Scotland should consolidate and stabilise their staffing, systems, procedures and processes in both the east and west service centres and area control rooms.”
Related: Police Scotland is a lamentable shambles | Kevin McKenna
HMICS added that it wanted further assurances from Police Scotland about how it assessed risk and vulnerability when handling emergency calls; its workforce planning and staffing; the consistency of its training; clarity of “governance and oversight” and accountability in control rooms.HMICS added that it wanted further assurances from Police Scotland about how it assessed risk and vulnerability when handling emergency calls; its workforce planning and staffing; the consistency of its training; clarity of “governance and oversight” and accountability in control rooms.
The Scott report on stop and search said there needed to be early and separate consultation on whether the police should have a new legal power to search under-18s for alcohol as police commanders wanted the authority to continue doing so.The Scott report on stop and search said there needed to be early and separate consultation on whether the police should have a new legal power to search under-18s for alcohol as police commanders wanted the authority to continue doing so.
It said Scott and his colleagues on the review could not agree on whether this gap could be dealt with by using existing powers, or whether a legal power to search children without evidence of a crime was desirable. “The sheer scale of the activity around alcohol underlines Police Scotland’s view that this continues to be an area of concern and the inability to use search powers to remove alcohol from young people is a potential problem,” the report concluded. It said Scott and his colleagues on the review could not agree on whether this gap could be dealt with by using existing powers, or whether a legal power to search children without evidence of a crime was desirable. But it insisted that ending non-statutory stops would not weaken Police Scotland’s ability to carry out its duties. “Abolition will not result in any significant gaps,” the report said.
But it insisted that ending non-statutory stops would not weaken Police Scotland’s ability to carry out its duties. “Abolition will not result in any significant gaps,” the report said.
“Specifically, officers will still be able to respond to any welfare or protection issues they encounter. Action will still be possible even when required on an emergency basis, whether carried out by police officers, social workers, medical staff or others.”“Specifically, officers will still be able to respond to any welfare or protection issues they encounter. Action will still be possible even when required on an emergency basis, whether carried out by police officers, social workers, medical staff or others.”
Related: UN human rights body criticises police stop-and-search powers in Scotland
Related: M9 crash police call centre had 10% staff absence rate
Related: Sir Stephen House was not the figurehead Police Scotland needed | Ruth Wishart
Related: Police Scotland is a lamentable shambles | Kevin McKenna