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. 'I don't think there needs to be one single process of review'published at 11:33 Greenwich Mean Time 23 January 2018

    Mr JohnsonImage source, bbc

    Mr Johnson asks if there should be a single, published review, to institl the sense of public trust.

    Ms Deacon says she smiled when he mentioned the word review, saying there are few organisations that have had as many reviews

    "I don't think there needs to be one single process of review."

    Ms Deacon says there must be continuous improvement of the SPA.

  2. Background: Gormley faces fourth gross misconduct probepublished at 11:30 Greenwich Mean Time 23 January 2018

    Chief Constable Phil GormleyImage source, PA
    Image caption,

    Chief Constable Phil Gormley

    The latest complaint made against Scotland's chief constable would amount to gross misconduct if true, a watchdog has ruled.

    The Police Investigations and Review Commissioner (Pirc) said on Tuesday it was assessing the complaint- the sixth to have been made against Phil Gormley.

    Pirc has now said it is treating the case as potential gross misconduct.

    Lawyers for Mr Gormley denounced the complaint as "spurious and contrived".

    Pirc is now investigating four gross misconduct allegations against Mr Gormley.

    Gross misconduct is classed as being so serious that dismissal may be justified.

    The chief constable, who has been on special leave since September, denies all of the allegations against him.

  3. When will the changes be made?published at 11:29 Greenwich Mean Time 23 January 2018

    SPA chair Susan Deacon

    Labour MSP Daniel Johnson requests an outline of the improvement work and its timescale.

    SPA chair Susan Deacon commits to making changes quickly where possible but she adds it will take "many months" for the SPA to be operating how it needs to.

    Justice Secretary Michael Matheson has agreed to work in partnership with the SPA, she confirms.

    "I too am asking the question as to why some of these fundamentals have not been developed."

  4. Case of Moi Ali raised by Labour MSPpublished at 11:26 Greenwich Mean Time 23 January 2018

    Labour MSP Daniel Johnson raises the interview Moi Ali gave to GMS yesterday.

    After a row over board meetings being held behind closed doors, former board member Ms Ali quit amid claims of "bullying" and concerns over former chair Andrew Flanagan's failure to circulate a critical letter about this from Mr Penman around the board.

    MSPs said Mr Flanagan had "acted inappropriately" over the exit of Moi Ali from the SPA boardImage source, bbc
    Image caption,

    MSPs said Mr Flanagan had "acted inappropriately" over the exit of Moi Ali from the SPA board

    Ms Deacon says she has looked at the matters of openness and transparency and has already made early changes.

    She says there is now in place a single board meeting, where at the end items will be taken in private for good reason.

    The SPA chair says there is a lot more work to be done.

  5. Approach to work is just as important as legislation, says DCC Livingstonepublished at 11:26 Greenwich Mean Time 23 January 2018

    Deputy Chief Constable designate Iain Livingstone
    Image caption,

    Deputy Chief Constable designate Iain Livingstone

    Deputy Chief Constable designate Iain Livingstone agrees the legislative framework is clear.

    The role of the SPA is around scrutiny and ensuring effective delivery, he says, not service delivery.

    He has read the Police and Fire Reform (Scotland) Act 2012 more often than he would have liked in recent years, he jokes.

    He argues the approach to the workings of Police Scotland and the SPA work is just as important as what the legislation says.

  6. 'There is still much work to be done'published at 11:21 Greenwich Mean Time 23 January 2018

    Ms DeaconImage source, bbc

    Ms Deacon says she watched some of the debates about the role of the SPA.

    She says there is still much work to be done to get the right role and relationship with Police Scotland.

    The SPA was established in 2013 under the Police and Fire Reform (Scotland) Act 2012 with the main functions of the Authority being:

    • to maintain the police service;
    • to promote the policing principles;
    • to promote and support continuous improvement in the policing of Scotland;
    • to keep under review the policing of Scotland; and
    • to hold the Chief Constable to account for the policing of Scotland. The SPA therefore has a key role in planning the strategic direction for policing
  7. Susan Deacon sets out a number of SPA guiding principlespublished at 11:19 Greenwich Mean Time 23 January 2018

    The new chair has set out a number of guiding principles for the development and improvement of the SPA going forward:

     simplification, transparency, and clarity around the SPA’s governance processes;

     a more collaborative approach, where the SPA reaches out to engage more actively with interested individuals and bodies on policing issues and works more closely with key stakeholders;

     enshrining a strong public service ethos throughout the SPA and its decisionmaking;

    PoliceImage source, Police Scotland

     robust decision making underpinned by effective process and enhanced professional advice;

     building trust and relationships within policing and beyond;

     ensuring the SPA Board’s structure, practices and behaviours are more strategic and that Board members are more non-executive in their work and contributions;  continuous and accelerated improvement to reflect the scope of the challenges the SPA faces, with Board and staff working at pace to make rapid, visible change.

  8. Susan Deacon shares concerns about SPApublished at 11:15 Greenwich Mean Time 23 January 2018

    Susan Deacon took on the role of SPA chair in December
    Image caption,

    Susan Deacon took on the role of SPA chair in December

    New SPA chair Susan Deacon says it is a "real privilege" to have taken on the role.

    She says she shares the concerns raised by various bodies - including Audit Scotland and HM Inspectorate of Constabulary in Scotland - and will seek to address these.

    The SPA must be fit for purpose to play its part in driving forward improvements and change for the future, she adds.

    Increasing transparency around governance, stronger public service ethos, and better trust and engagement tops her list of priorities.

  9. Background: 'Unacceptable' failings at Scottish Police Authoritypublished at 11:12 Greenwich Mean Time 23 January 2018

    PoliceImage source, PA

    Last mont the Scottish Police Authority was 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.

    Read more here.

  10. And we're finally off again.....................published at 11:11 Greenwich Mean Time 23 January 2018

    Committee convener Margaret MitchellImage source, bbc
    Image caption,

    Committee convener Margaret Mitchell

    Committee convener Margaret Mitchell welcomes:

    • SPA chair Susan Deacon
    • Deputy Chief Constable designate Iain Livingstone
  11. Background: Police Scotland deputy chief constable delays retirementpublished at 11:03 Greenwich Mean Time 23 January 2018

    Iain LivingstoneImage source, Police Scotland

    In September Police Scotland's most senior deputy chief constable, Iain Livingstone, announced he has shelved his retirement plans.

    It comes after the force's chief constable, Phil Gormley, was granted a period of special leave after allegations of gross misconduct.

    Mr Gormley, who denies the allegations, is being investigated by the Police Investigations and Review Commissioner.

    Mr Livingstone said he would stay for the "foreseeable future".

  12. Background: New SPA chairwoman says 'no crisis' within Police Scotlandpublished at 10:59 Greenwich Mean Time 23 January 2018

    Susan Deacon has been appointed chairwoman of the Scottish Police AuthorityImage source, bbc
    Image caption,

    Susan Deacon has been appointed chairwoman of the Scottish Police Authority

    The new chairwoman of the Scottish Police Authority said she "takes issue" with claims the police service is in crisis.

    Susan Deacon began her role at the body which oversees the workings of Police Scotland on last month.

    She told BBC Scotland she wants the SPA to drive change and improvement within the force.

    It comes as seniors officers are being investigated over bullying and misconduct allegations.

    In an interview with the BBC's Sunday Politics Scotland programme, Ms Deacon also said she wanted to improve public and political trust and confidence in the SPA, which she admitted "has had a fairly bumpy ride over the last few years".

  13. Which committee should consider the bill?published at 10:55 Greenwich Mean Time 23 January 2018

    Convener Margaret Mitchell queries which committee should consider the bill when it is lodged at parliament - justice or delegated powers and law reform.

    Lord Pentland says it may be appropriate for the justice committee given the high levels of public interest - though he emphasises that it is not for him to decide.

    Lord Pentland
  14. Present law are not allowed to sue for defamationpublished at 10:50 Greenwich Mean Time 23 January 2018

    SNP MSP Rona Mackay raises the issue of the proposal to ban public authorities from sueing.

    Lord Pentland says essentially that would put on the statute book existing law.

    He says public authorities under the present law are not allowed to sue for defamation.

  15. 'We're trying to find a way to cut through these problems'published at 10:47 Greenwich Mean Time 23 January 2018

    FacebookImage source, bbc

    Lord Pentland says internet companies do not like being put in the position of being a censor, as it has a chilling effect on the freedom of expresson.

    "We're trying to find a way to cut through these problems."

  16. Internet platforms should be dealt with supra-nationallypublished at 10:46 Greenwich Mean Time 23 January 2018

    Scottish Law Commission chairman Lord Pentland argues there is a case for defamation law to be put into understandable language.

    Convener Margaret Mitchell queries the procedures recommended on taking down online posts.

    Lord Pentland

    Lord Pentland says the approach to internet intermediaries is a problem worldwide and should therefore be addressed on a supra-national level.

    Failing that, it should at least be dealt with on a UK-wide level, he says.

    These proposals offer an interim solution until such a review can be taken, Lord Pentland states.

    He says most complainants want sensitive material quickly removed from the internet.

  17. The courts retain discretionary jurisdiction in defamation casespublished at 10:37 Greenwich Mean Time 23 January 2018

    courtImage source, bbc

    Labour MSP Daniel Johnson says if something is published on an obscure part of the internet and is subsequently republished to a larger audience at a later date, is that not unfair on the individual who originally published it.

    Lord Pentland says that is a fair point and would be addressed by the court.

    He says that is the case across the board and courts retain discretionary jurisdiction.

  18. 'The law needs to catch up' - Lord Pentlandpublished at 10:36 Greenwich Mean Time 23 January 2018

    Labour MSP Daniel Johnson seeks further information on the threshold for serious harm.

    Lord Pentland says it will largely depend on the nature of each individual case.

    Defamation law is about the protection of reputation and providing redress for damage of reputation, he says.

    Mr Johnson asks about the time limitations and how the one-year cutoff will be interpreted.

    The time begins when a person first publishes a statement to the public, Lord Pentland says.

    The clock does not restart upon republication, he clarifies.

    Using downloads and social media as an example, he adds: "Society has moved ahead of the law and the law needs to catch up."

    Labour MSP Daniel Johnson
    Image caption,

    Labour MSP Daniel Johnson

  19. Serious harm threshold should not raise more barrierspublished at 10:29 Greenwich Mean Time 23 January 2018

    Scottish Law Commission chairman Lord PentlandImage source, bbc
    Image caption,

    Scottish Law Commission chairman Lord Pentland

    Scottish Law Commission chairman Lord Pentland says those who act for claimants attended the advisory groups and participated with the consultations.

    Lib Dem MSP Liam McArthur aks about concerns were expressed by those who represent pursuers.

    Lord Pentland said they were concerned about more barriers to serious claims.

    He says the serious harm threshold should not raise more barriers.