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. Are there concerns about BTP officers resigning or retiring?published at 12:17 Greenwich Mean Time 23 January 2018

    BTPImage source, BTP

    Tory MSP Liam Kerr asks if integration of the BTP will not be completed by 2019 when will it be.

    DCC Livingstone says he can't answer that as Police Scotland is working with Transport Scotland and the governemnt on this.

    He says there is such a level of complexity around the integration of BTP with Police Scotland that he is clear it will not be completed by the 1st of April 2019.

    Mr Kerr asks if DCC Livingstone is concerned about some BTP officers retiring as a result of this.

    The stand in top cop in Scotland says he is concerned if BTP officers are worried about this.

  2. DCC Livingstone expresses confidence integration will happen by April 2019published at 12:15 Greenwich Mean Time 23 January 2018

    SNP MSP Fulton Macgregor raised the merger of British Transport Police (BTP) and Police Scotland.

    DCC Livingstone expresses confidence that the operational direction and control will rest with Police Scotland from 1 April 2019, but some issues - including ICT, terms and conditions and third-party contracts - will not be resolved by then.

    Mr Macgregor - alluding to the Scottish Conservative's motion for tomorrow's debate - asks whether there is a need to pause the process.

    DCC Livingstone believes there will be effective integration by April 2019.

    DCC Livingstone

    Tory MSP Maurice Corry asks about a potential difference of status between BTP and Police Scotland officers.

    DCC Livingstone says if there are any tensions, he will look to resolve them.

  3. Background: 'No business case' made for British Transport Police mergerpublished at 12:11 Greenwich Mean Time 23 January 2018

    The report said the benefits and risks of the merger were 'not fully investigated'Image source, British Transport Police
    Image caption,

    The report said the benefits and risks of the merger were 'not fully investigated'

    A report from Scotland's Police watchdog says no authoritative business case was made for the merger of British Transport Police and Police Scotland.

    The decision was made by ministers, meaning the benefits, disadvantages and costs were not explained.

    HM Inspectorate of Constabulary's overview of BTP says a detailed study of the risks should be undertaken.

    The functions of BTP are due to be absorbed into the national force on 1 April 2019.

    HM Chief Inspector of Constabulary in Scotland, Derek Penman, suggested this study be carried out by the Joint Programme Board (JPB) which has been set up to manage the transfer.

    He said the JPB also needs to look at the costs of the merger as there is uncertainty among stakeholders as to where the responsibility for them lies.

    The review was published by Her Majesty's Inspectorate of Constabulary in ScotlandImage source, HMICS
    Image caption,

    The review was published by Her Majesty's Inspectorate of Constabulary in Scotland

  4. Tory MSP raises issue of BTP mergerpublished at 12:09 Greenwich Mean Time 23 January 2018

    Tory MSP Liam KerrImage source, bbc
    Image caption,

    Tory MSP Liam Kerr

    Tory MSP Liam Kerr ask if there is any specialisation on the board for railway policing.

    The SPA chair says no area has been specialised at this time.

    Join us for the Scottish Conservative debate on the British Transport Police merger tomorrow afternoon.

  5. Failure of duty?published at 12:09 Greenwich Mean Time 23 January 2018

    Andrew FlanaganImage source, bbc

    Ms Deacon says if she has to be questioned in the way Andrew Flanagan was by the cabinet secretary, she says she would have failed in her duty.

    Andrew Flanagan resigned a as chairman of the Scottish Police Authority.

    Mr Flanagan had come under heavy criticism from two Holyrood committees over governance and transparency at the SPA, with MSPs calling for him to go.

  6. 'The cabinet secretary would have been failing in his duty had he not asked those questions'published at 12:07 Greenwich Mean Time 23 January 2018

    SNP MSP Ben Macpherson asks about the decision-making process on 7 November.

    Susan Deacon says her initial insight into the meeting came from her predecessor.

    She says she had made it clear to staff that any complaints about process will be handled properly in the future.

    Good process is more likely to lead to good outcomes, she says.

    Susan Deacon

    "Had I been in the cabinet secretary's shoes - and I have walked in these types of shoes in the past - then I would have asked questions about the process as to how that decision had been made."

    "And personally, I think the cabinet secretary would have been failing in his duty he had not asked those questions."

  7. Postpublished at 11:59 Greenwich Mean Time 23 January 2018

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  8. 'You need cognitive diversity'published at 11:58 Greenwich Mean Time 23 January 2018

    Mr McArthur asks if it is important the SPA board has a geographical reach.

    Ms Deacon says it is important the board is balanced and she says the board must engage widely and effectively.

    She says you need cognitive diversity on the board as well, with people able to think differently.

  9. Five vacancies on SPA boardpublished at 11:55 Greenwich Mean Time 23 January 2018

    Susan DeaconImage source, bbc

    There are five vacancies on the SPA board, Susan Deacon confirms.

    She says these must be filled as quickly as possible, while still fulfilling the robust public appointments process.

    Applications for these roles close on 31 January.

    For more information click here for the SPA website, external.

  10. Should there be an independent SPA review?published at 11:53 Greenwich Mean Time 23 January 2018

    Lib Dems MSP Liam McArthur

    Lib Dems MSP Liam McArthur suggests an internal review of the SPA will not challenge the structures, but an independent review could.

    SPA chair Susan Deacon says she is committed to considering the issues, including bringing in additional support to enable this.

    She says she is happy to report back to the committee in a few months on progress.

    It is important to not get stuck on a process of "continual and perpetual review", she argues.

    Ms Deacon states she is looking comprehensively at the whole organisation, not just in a piecemeal fashion.

  11. Background: No shortage of rhetoric at FMQs - just of noveltypublished at 11:50 Greenwich Mean Time 23 January 2018

    Brian Taylor
    BBC Scotland Political Editor

    Nicola Sturgeon defended her justice secretary from Tory attacksImage source, bbc
    Image caption,

    Nicola Sturgeon defended her justice secretary from Tory attacks

    Effort, there was, aplenty. Both Ruth Davidson and Nicola Sturgeon gave their all in verbal conflict as they discussed the continuing saga of Police Scotland's chief constable.

    Ms Davidson accused the first minister ofpresiding over "secret Scotland". Lest a few deluded souls might regard this as a good thing, she added: "It stinks."

    In response, Nicola Sturgeon accused the Conservative leader of "breath-taking hypocrisy". So, there was no shortage of rhetoric. Just novelty.

    To recap, the chief constable is on a leave of absence while sundry matters are investigated. He denies all wrong-doing and believes he will be exonerated.

    At one point, it seemed his return to work might be accelerated, even as investigations continued. At least, so thought the Scottish Police Authority board and their former chairman.

    This raised question marks in the mind of the Justice Secretary Michael Matheson, when he was appraised of the prospect. He duly raised said questions with the then SPA chair and the decision was reversed.

    Ms Davidson again characterised this as unacceptable interference and, quite possibly, unlawful.

    Ms Sturgeon, again, defended the justice secretary. He had not interfered directly. He had, within his powers, set parameters for the SPA.

    Read more here.

    Ruth Davidson charged the SNP with presiding over "secret Scotland"Image source, bbc
    Image caption,

    Ruth Davidson charged the SNP with presiding over "secret Scotland"

  12. DCC reiterates surprise he was not informed of the SPA decision on Phil Gormleypublished at 11:48 Greenwich Mean Time 23 January 2018

    DCC LivingstoneImage source, bbc
    Image caption,

    DCC Livingstone

    Lib Dem MSP Liam McArthur says DCC Livingstone has always struck him as a calm individual.

    Mr McArthur says there was palpable anger about the meetting and decision of the SPA on the return of Mr Gormely on 7 November 2017.

    DCC Livingstone says he was told nothing on 7 November and then told on 8 November that considerations were ongoing, which appears not to be the case.

    He reiterates his surprise he was not informed of the decision to return the chief constable to work.

  13. Is there adequate resilience in Police Scotland?published at 11:46 Greenwich Mean Time 23 January 2018

    Green MSP John FinnieImage source, bbc
    Image caption,

    Green MSP John Finnie

    Deputy Chief Constable designate Iain Livingstone says you can't snap your fingers to change and adjust operations to facilitate the return of the chief constable.

    Former senior policeman and Green MSp John Finnie asks if there is adequate resilience in Police Scotland.

    DCC Livingstone says: "I think at this stage there is."

  14. Postpublished at 11:44 Greenwich Mean Time 23 January 2018

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  15. DCC Livingstone not told about Gormley's returnpublished at 11:44 Greenwich Mean Time 23 January 2018

    SNP MSP George Adam
    Image caption,

    SNP MSP George Adam

    SNP MSP George Adam asks whether any welfare procedures were put in place when the decision about Phil Gormley returning was made on 7 November.

    Deputy Chief Constable Iain Livingstone was never told well-being steps were necessary, he says.

    He says he was not informed about any decision about Phil Gormley until after it became clear his leave would be extended.

    He argues there should have been more open discussions.

    More than a few hours are required to ensure appropriate staff protections are in place, Mr Livingstone argues.

  16. Postpublished at 11:40 Greenwich Mean Time 23 January 2018

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  17. Background: Sturgeon backs justice secretary over chief constable meetingpublished at 11:38 Greenwich Mean Time 23 January 2018

    Ms Sturgeon told MSPs that she would want her justice secretary to ask questions of the decision to allow the chief constable to resume his dutiesImage source, bbc
    Image caption,

    Ms Sturgeon told MSPs that she would want her justice secretary to ask questions of the decision to allow the chief constable to resume his duties

    Nicola Sturgeon has defended her justice secretary over claims that he may have acted unlawfully by blocking the chief constable's return to work.

    Michael Matheson has been criticised for urging police watchdogs to reconsider their decision to allow Phil Gormley to return to his duties.

    BBC Scotland later revealed that no minutes were taken during the meeting.

    But Ms Sturgeon told MSPs that Mr Matheson had acted "entirely appropriately".

    The issue was raised at First Minister's Questions by Scottish Conservative leader Ruth Davidson, who questioned whether the justice secretary acted unlawfully over his involvement in Chief Constable Phil Gormley's period of special leave from Police Scotland.

    Justice Secretary Michael MathesonImage source, bbc
    Image caption,

    Justice Secretary Michael Matheson

  18. SPA decision to return chief constable discussedpublished at 11:36 Greenwich Mean Time 23 January 2018

    DCC LivingstoneImage source, bbc
    Image caption,

    DCC Livingstone

    Ms Mitchell asks DCC Livingstone about former chair of the SPA Andrew Flanagan and the SPA's decision to bring Mr Gormley back to work.

    DCC Livingstone says he had no conversations with the cabinet secretary about this, but says he asked Mr Flanagan about the meeting about Mr Gormely.

    He says he did not get a reply on the issue and he was surprised by that.

  19. Minuting of meetingspublished at 11:35 Greenwich Mean Time 23 January 2018

    Labour MSP Daniel Johnson asks about meetings between DCC Livingstone and whether they were minuted.

    DCC Iain Livingstone says he could not count how many times he meets with the cabinet secretary and does not take minutes due to the often informal nature of the meetings.

    Justice Secretary Michael MathesonImage source, PA
    Image caption,

    Justice Secretary Michael Matheson

    Asked the same question, Susan Deacon says she has had several meetings with the cabinet secretary and government officials.

    There should be a regular flow of communications, she says, but adds there are occasions where minutes are required for more formal discussions.

  20. Background: Chief constable's wife says he has not been interviewed yetpublished at 11:34 Greenwich Mean Time 23 January 2018

    Mr Gormley was granted "special leave" in SeptemberImage source, bbc
    Image caption,

    Mr Gormley was granted "special leave" in September

    Mr Gormley's wife told the Daily Mail newspaper, external that he has still not been interviewed about the misconduct claims seven months after the allegations were first made.

    Claire Gormley is a former senior police officer, and a former lead officer for Her Majesty's Inspectorate of Constabulary in England and Wales.

    She criticised the handling of her husband's case by Pirc and Justice Secretary Michael Matheson, who has been accused of blocking Mr Gormley's return to work in November.