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Green MSP John Finnie asks what status the code of practice will have in four years time and what sanctions will there be for any breaches.

The standards and responsibilities of Police Scotland and the SPA should be governed internally replies Ms Hamilton.

If the commissioner thinks Police Scotland and the SPA breach the code of practice, he or she can report back to them, she adds.

The bill team leader says there is no legal sanction for the commissioner but there is the sanction of reputational damage.

She accepts there may be concerns about a lack of teeth but she says the provisions in the bill to name and shame appear to be adequate.

Elaine Hamilton says the commissioner will support the adoption of lawful and ethical practices around biometric data, including for children, young people and vulnerable adults.

The commissioner will also promote public awareness and understanding, she explains.

A code of practice will be approved by Scottish ministers and laid before the parliament, she adds.

Elaine Hamilton explains the bill will see a Scottish Biometrics Commissioner appointed by the Crown.

It's vital the public have confidence in Police Scotland's use of biometric data, the bill team leader says

She adds the need for independent oversight has been highlighted in a number of reports.

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The Scottish Biometrics Commissioner Bill, external will establish a new commissioner's office to oversee the use and destruction of biometric data for criminal justice and police purposes.

Biometric data is forensic data, including finger-prints, DNA samples and facial images.

The commission will be tasked with preparing a code of conduct to ensure data is handled ethically and effectively.

Justice Secretary Humza Yousaf said: "There is not yet a single commonly recognised set of working standards around biometrics.

"The new Commissioner and the code of practice will complement the work of others, including the Information Commissioner, and help maintain public confidence in how new technologies and data are being used to help keep crime down and communities safe.”

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The committee is now discussing the Scottish Biometrics Commissioner Bill, external with Scottish government officials:

• Elaine Hamilton, Bill Team Leader
• Euan Dick, Deputy Director of the Police Division
• Louise Miller, Directorate for Legal Services

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Mr Yousaf says he still thinks the public have confidence in the police complaints system, but accepts events in recent years may have dented this.

He welcomes this weighty interim report from Dame Elish.

Ms Mitchell wishes the cabinet secretary a restful summer.

"Having an eight week old baby I'm not convinced I'll have a restful recess, nevertheless I hope that you'll think of me as you're sunning yourself on the various beaches," jokes Mr Yousaf.

The justice secretary agrees it is important to close any perceived loopholes that seem to allow people to avoid investigation as it can undermine public confidence.

The convener asks whether proceedings should continue even after an officer retires.

Mr Yousaf says he does not want to commit here and now to this, but he will look to take forward conversations on this.

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SNP MSP Jenny Gilruth asks if Police Scotland's whistleblowing policy should have some sort of external body, like the Pirc, "to police the police, as it were".

Mr Yousaf accepts the report from Dame Elish suggests protection of whistleblowers could be enhanced via a legislative amendment introducing third party scrutiny.

However he again says he won't take a view on that today but will give the recommendation due consideration.

The justice secretary says Dame Elish is going to return to this matter in the final report after further consideration.

"Let's wait for the final report," he adds.

Mr Kerr wonders whether any thought has been given at this stage to protections against the identification of complainers or those being complained about.

The justice secretary says consideration should be given to this point, given the impact it can have on public confidence.

Dame Elish is to give further consideration to privacy, public interest and the role of the media in her final report, he adds.

Tory MSP Liam Kerr pivots to whether a complaint should go the Crown Office for an independent investigation.

Mr Yousaf points to the review his predecessor instigated with the Lord Advocate, adding it is down to Mr Wolffe to decide about how COPFS reacts to police complaints.

Dame Elish has recommended that all complaints of excessive force should go to the Professional Standards Department for instruction and investigation by the procurator fiscal or by Pirc, he says.

This recommendation will be given serious consideration by himself and the Lord Advocate.

SNP MSP Shona Robison asks about the recommendations to provide complainers and their families with a named contact.

Mr Yousaf agrees there must some consideration of recommendations to improve transparency and perceived transparency.

We must not forget there are often two sides to an allegation so we must ensure any changes are fair to all, he adds.

Green MSP John Finnie pivots to the softer elements of the complaints process and efforts to avoid things escalating.

Mr Yousaf agrees avoiding escalation, but ensuring complaints are dealt with appropriately, is important.

Mr Finnie asks if the cabinet secretary thinks Police Scotland is risk averse in dealing with complaints.

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The justice secretary cannot comment on that and adds Dame Elish will return to this issue in her final report. He adds her interim recommendations should be considered by Police Scotland.

Mr Finnie points out taking officers of the front line for training is difficult and requires resources.

Mr Yousaf says large scale training opportunities can be done quite quickly but he accepts there are budgetary issues.

The convener asks about Dame Elish's comments yesterday that the relationship between Police Scotland and the Scottish Police Authority was seen as "too cozy".

Mr Yousaf says he understands where this perception might come from, especially among senior officers.

We must try to ensure that perception does not exist, he adds, because it is not good for public confidence.

Labour MSP Daniel Johnson raises concerns about the working relationship between Police Scotland and the Police Investigations & Review Commissioner (Pirc), with suspicions existing between both.

Mr Johnson also points to issues between the SPA and the Pirc.

Mr Yousaf accepts these concerns exist and welcomes the recommendation to create a high level cross-organisational working group to improve relations.

The justice secretary says the outgoing Pirc has been very diligent in her role, but with a new commissioner coming there is an opportunity to refresh relationships.

Mr Macgregor asks if the police complaints system is to complicated

"In a word: yes. It is quite a complex landscape," replies Mr Yousaf.

We must listen to Dame Elish when she calls for us to make it less complex, he adds.

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The former Lord Advocate, Dame Elish Angiolini, has called for changes in the way complaints against senior police officers are handled.

It follows criticism of the process during an investigation into allegations against the former chief constable, Phil Gormley.

Dame Elish said complaints against senior officers in Scotland should be dealt with more speedily.

She has also called for wider use of body cameras by on-duty officers.

Read more.

SNP MSP Rona Mackay asks whether police organisations have sufficient resources to resolve issues in a timely manner.

The justice secretary says he "can completely understand" concerns raised about the time investigations can take.

In recognition of the increased workload of the Pirc, he says resources were increased by a third and the government will look again at budget proposals in the next spending review.

Mr Yousaf also says the police budget has been protected in recent years and it is up to the organisation to determine how it is spent.

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• Body cameras protect public and officers says Dame Elish
• Former Lord Advocate of Scotland says a number of police officers felt Pirc was too cynical towards Police Scotland
• Police complaints procedures should be made easier for the public
• Dame Elish accepts there are questions about investigations ending on retiral of an officer
• She calls for a high level cross-organisational working group to be set up to improve communications

Mr Yousaf says he will update the committee on progress after summer recess.

He confirms he and the Lord Advocate will respond to the review in full before 1 December this year.

Committee convener Margaret Mitchell calls on the justice secretary to prioritise the changes Dame Elish has recommended in the legislative programme.

Ms Mitchell says there is unanimity within the committee in support supporting the recommendations..

Where there is unanimous agreement by partners that we should move quickly there is no reason to delay action, the justice secretary responds.

But he caveats this with only being able to work at the pace parliament allows.

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In his opening remarks, Mr Yousaf tells the committee he has conveyed his thanks to Dame Elish Angiolini for her rigorous independent scrutiny of police complaints.

The justice secretary says it is important that when things go wrong people are held to account and lessons are learned.

He says the recommendations from Dame Elish, published on Friday, will be carefully considered by the government.