Summary

  • The Justice Committee takes evidence from SPA chair Susan Deacon and Deputy Chief Constable Designate Iain Livingstone

  • Ministers face questions on legal advice in police custody, an Oxfam report on inequality and disabled people on housing wait lists

  • Health Secretary Shona Robison gives a statement on the Royal Alexandra Hospital children's ward closure

  • MSPs debate the Legislative Consent Motion for the EU Withdrawal Bill

  • SNP MSP Rona Mackay leads a debate condemning unpaid trial shifts

  1. 'We are confident in general that legal advice will be made available'published at 14:11 Greenwich Mean Time 23 January 2018

    Lib Dem MSPImage source, bbc
    Image caption,

    Lib Dem MSP Liam McArthur

    Mr McArthur says these are indeed big changes and there have been serious concerns about them.

    The Lib Dem MSP asks about staffing levels when the scheme starts the day after tomorrow.

    The minister says there has been contingency planning in place for some considerable time.

    Staffing levels will be closely monitored, she says.

    "We are confident in general that legal advice will be made available."

  2. Legal aid package will be enhanced, says ministerpublished at 14:10 Greenwich Mean Time 23 January 2018

    Legal Affairs Minister Annabelle Ewing
    Image caption,

    Legal Affairs Minister Annabelle Ewing

    Legal Affairs Minister Annabelle Ewing highlights the implementation of Part 1 of the Criminal Justice (Scotland) Act 2016, which improves the rights of people held in custody.

    She says engagement with legal professionals will ensure the legal aid package is advanced.

    The Scottish Legal Aid Board will handle requests from police stations using its pool of solicitors from 25 January.

  3. Background: Solicitor 'revolt' at legal advice changepublished at 14:07 Greenwich Mean Time 23 January 2018

    Anyone in police custody will be entitled to legal advice from 25 JanuaryImage source, Getty Images
    Image caption,

    Anyone in police custody will be entitled to legal advice from 25 January

    New rules that entitle anyone in police custody to legal advice will be unworkable, solicitors have warned.

    Currently in Scotland, only those being interviewed by police have the right to speak with a solicitor.

    From 25 January that will change to include everyone in custody, sparking fears about solicitors' workload.

    The Scottish Legal Aid Board said contingency plans were being put in place to deal with a mass boycott by solicitors in response to the change.

    The revised police station duty scheme was triggered by a 2010 UK Supreme Court Ruling, which found it was a breach of an accused's human rights not to have access to a solicitor during a police interview.

    Read more here.

  4. Police custody and access to legal advicepublished at 14:06 Greenwich Mean Time 23 January 2018

    Lib Dem MSP Liam McArthur asks the Scottish government what action it will take to ensure everyone in police custody can exercise their right to legal advice from 25 January 2018.

  5. Topical questionspublished at 14:06 Greenwich Mean Time 23 January 2018

    Question markImage source, Thinkstock

    MSPs will now raise issues of a topical nature with ministers.

  6. Point of order on government's approval of closure of children's wardpublished at 14:06 Greenwich Mean Time 23 January 2018

    Labour MSP Neil BibbyImage source, bbc
    Image caption,

    Labour MSP Neil Bibby

    Labour MSP Neil Bibby raises a point of order relating to the ministerial statement on the closure of the children's ward in the Royal Alexandra Hospital.

    Mr Bibby says the government's approval of the closure was "snuck out" on a Friday afternoon.

    He asks if the release of the approval was appropriate.

    The way the government has been discourteous, he says.

    Presiding Officer Ken Macintosh says the guidance on announcements sets out good practice that should be followed by the Scottish government.

    Mr Macintosh points to the ministerial statement coming up after topical questions.

  7. Postpublished at 14:02 Greenwich Mean Time 23 January 2018

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  8. Time for reflectionpublished at 14:02 Greenwich Mean Time 23 January 2018

    Catherine Bough and Ben PetrieImage source, bbc
    Image caption,

    Catherine Bough and Ben Petrie

    Royal High School in Edinburgh pupils Ben Petrie and Catherine Bough deliver today's time for reflection.

  9. Coming up in the chamber............................................published at 13:00 Greenwich Mean Time 23 January 2018

    Access to legal advice when in police custody, tackling inequality and reducing the number of disabled people on housing waiting lists will all be raised during topical questions.

    Chimneys at the Royal Alexandra HospitalImage source, Google
    Image caption,

    Chimneys at the Royal Alexandra Hospital

    There will then be a ministerial statement on decisions on Major Service Change Proposals in Glasgow and Clyde, following the approval of plans to close the children's ward at the Royal Alexandra Hospital in Paisley.

    MSPs debate the Legislative Consent Motion for the EU Withdrawal Bill

    FlagsImage source, Getty Images

    Finally SNP MSP Rona Mackay leads a debate condemning unpaid trial shifts.

  10. Too much legislation being introduced puts pressure on Police Scotland says Mitchellpublished at 12:49 Greenwich Mean Time 23 January 2018

    Anyone in police custody will be entitled to legal advice from 25 JanuaryImage source, bbc
    Image caption,

    Anyone in police custody will be entitled to legal advice from 25 January

    Margaret Mitchell says too much legislation being introduced puts pressure on Police Scotland.

    New rules that entitle anyone in police custody to legal advice will be unworkable, solicitors have warned.

    Currently in Scotland, only those being interviewed by police have the right to speak with a solicitor.

    From 25 January that will change to include everyone in custody, sparking fears about solicitors' workload.

    The Scottish Legal Aid Board said contingency plans were being put in place to deal with a mass boycott by solicitors in response to the change.

    DCC Livingstone says there is still a confidence the legislatioon will be implemented.

  11. Public Audit Committee will explore SPA payments on Thursdaypublished at 12:47 Greenwich Mean Time 23 January 2018

    Lib Dems MSP Liam McArthur asks about payments made to officers.

    Susan Deacon refers to Thursday's Public Audit Committee which will explore these issues further.

    Join Holyrood Live on Thursday to hear what former SPA chief executive John Foley has to say.

  12. Susan Deacon says there have been improvements within the SPApublished at 12:44 Greenwich Mean Time 23 January 2018

    CopsImage source, bbc

    Susan Deacon says there have been improvements within the SPA.

    The Scottish Police Authority has been criticised for poor governance and a lack of transparency in a report by the public spending watchdog.

    Audit Scotland said relocation expenses of £67,000, paid to a deputy chief constable, had not been properly disclosed in the accounts.

    The same officer's £53,000 personal tax liability for 2016/17 was also paid by the SPA.

    The report also criticised the spending of £344,000 on three temporary posts.

    It said the interim posts for a chief financial officer and HR director at Police Scotland had not demonstrated value for money, and that the process for appointing the SPA's interim chief financial officer was considered inconsistent with its own procurement procedures.

    The report also said the former chief executive of the SPA and the chief financial officer of Police Scotland made insufficient efforts to ensure that accounts were complete and accurate.

  13. Communications between ministers and public bodies should be trackedpublished at 12:43 Greenwich Mean Time 23 January 2018

    Labour MSP Daniel Johnson asks about the need to make a formal record of interventions by the cabinet secretary.

    SPA chair Susan Deacon says that a good chair of an public body would ensure there is a good audit trail.

    She says that she would expect there to be proper communication which could be tracked prior to the meeting, if such a scenario were to happen again.

    Committee

    Lib Dems MSP Liam McArthur suggests financial oversight within the SPA has been "haphazard".

    Susan Deacon points to the reports from Audit Scotland on various issues, but a recent report suggested there had been improvements.

  14. Ms Deacon has an independent role as chair of the SPApublished at 12:39 Greenwich Mean Time 23 January 2018

    The justice secretary has been accused of illegally blocking the chief constable's return to work.Image source, bbc
    Image caption,

    The justice secretary has been accused of illegally blocking the chief constable's return to work.

    Ms Mitchell says Ms Deacon has an independent role as chair of the SPA.

    The committee convener says Ms Deacon has already said that Mr Matheson was right to ask questions, but what about special powers.

    Susan Deacon says all of her experience tells her that the best way to keep the SPA at arms length is to have public bodies working well.

    When that does not happen the minister must shorten the lenght of the arm of the arms length body.

  15. Complaints process could be clearerpublished at 12:37 Greenwich Mean Time 23 January 2018

    Susan Deacon

    The arrangements in place for dealing with complaints are very new given how recently the force was centralised, says Susan Deacon.

    Confidentiality is a key issue, she adds.

    Much of what has been put in place ensures transparency but there is a balance to be struck between that and the need for confidentiality and protection of individuals, she states.

    Pirc published a report on the SPA aspect of the complaints process at the end of December.

    There is scope for making the process clearer and better understood, Ms Deacon says.

  16. Complaints investigation processpublished at 12:33 Greenwich Mean Time 23 January 2018

    Police

    Convener Margaret Mitchell notes that before centralisation, complaints of one force would be considered by a neighbouring force.

    DCC Livingstone says a similar process still exists, with Police Scotland currently carrying out an investigation in Northern Ireland.

    It is harder to show investigations in a single organisation, he says, which is why the role of Pirc is increasingly important.

  17. Pirc will carry out all other interviews before interviewing Phil Gormleypublished at 12:32 Greenwich Mean Time 23 January 2018

    Ms Mitchell says the investigation by the Police Investigations & Review Commissioner (Pirc) into the chief constable has taken seven months and she says there are 30 ongoing investigations.

    Ms Deacon says it is not appropriate to takl about the Pirc investigations.

    PIRC - Police Investigations & Review CommissionerImage source, Pirc
    Image caption,

    Police Investigations & Review Commissioner Kate Frame

    She asys Kate Frame has given her an assurances she will report to the SPA as soon as possible.

    Ms Deacon says Ms Frame says it is right all other interviews are conducted before Phil Gormley is interviewed.

  18. 'Policing is very strong'published at 12:23 Greenwich Mean Time 23 January 2018

    DCC LivingstoneImage source, bbc
    Image caption,

    DCC Livingstone

    DCC Livingstone says the service police officers are providing is strong.

    He says every single murder since Police Scotland has come into being has been detected.

    The current top police officer praises the extremely dedicated and committed work force in Police Scotland

    "Policing is very strong."

    He says the constant media focus on Police Scotland and the SPA has been disturbing.

  19. 'There is no crisis in policing' - DCC Livingstonepublished at 12:21 Greenwich Mean Time 23 January 2018

    Green MSP John Finnie asks about any issues around IT not already discussed as part of the i6 scrutiny.

    DCC Livingstone says no and adds that Police Scotland had learnt from past errors.

    SNP MSP Rona Mackay
    Image caption,

    SNP MSP Rona Mackay

    SNP MSP Rona Mackay asks about the public nature of recent events.

    DCC Livingstone agrees it has not been helpful in terms of the public view of policing.

    "There is no crisis in policing", he argues.

    He agrees there are specific cases which need to be addressed but policing as a whole is not "beleaguered".

  20. Postpublished at 12:18 Greenwich Mean Time 23 January 2018

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