An Independent Advisory Group (IAG), set up to provide additional scrutiny of Police Scotland’s use of coronavirus powers, gave “added confidence” that decisions taken during the pandemic were consistent with human rights and the values of policing by consent, according to researchers.

A report published today, Monday 28 June 2021, examines the additional human rights-focussed scrutiny offered by the IAG during the pandemic and reflects on the impacts and added value brought by the group.  

The IAG was established in April 2020 by Chief Constable Iain Livingstone with the full backing of the Scottish Police Authority. Its role was to complement and enhance existing police scrutiny arrangements, focusing on policing’s use of emergency coronavirus powers.  

John Scott QC Solicitor Advocate was commissioned to chair the IAG which consisted of 12-15 members drawn from human rights bodies, third sector agencies, academia and charities representing marginalised or disadvantaged groups.  Since May 2020, the IAG has reported regularly to public sessions of the Scottish Police Authority.

The review concluded that the IAG: 

• Offered added confidence that decisions taken early in the pandemic about the direction, focus and tone of policing in Scotland were consistent both with human rights principles and with the underlying values and principles associated with policing by consent.
• Provided a valuable sounding board to help shape Police Scotland’s approach to policing particular sections of the community - such as people with hidden disabilities or young people - and in particular types of event.
• Complemented, supported and informed the Scottish Police Authority’s scrutiny and assessment of policing during the period and helped to maintain the confidence of civil society groups and the wider public.

The review was commissioned jointly by the Authority and Police Scotland. It will be considered at a public session of the Scottish Police Authority to be held on Wednesday 30 June 2021.   

Speaking about the research, Simon Anderson, co-author of the report said:

"Our review suggests that the IAG has been an innovative, important and in many ways ground-breaking initiative. It was able to draw on an impressive array of inputs – both from the membership itself and further afield – and allowed a different type of conversation to take place. While the model of the IAG is clearly not the answer to all of the complex challenges facing policing, it does offer insights about how to achieve open, effective and rights-based scrutiny of policing, both in the specific and unique circumstances of the pandemic and, potentially, more generally. Our report sets out a range of lessons which should inform any similar exercises in the future."

John Scott QC Solicitor Advocate, Chair of the Independent Advisory Group added;

“This IAG, the first of its kind in the UK and at the forefront of bespoke human rights-focussed scrutiny in international terms, is a sign of a mature police service and statutory oversight body. This research recognises that the IAG’s work provided additional assurance and a number of benefits to policing over a particularly challenging period. I remain grateful to the members of the IAG who continue to give up their time to ensure a broad range of voices and opinions inform Police Scotland’s response to the pandemic and the Authority’s oversight.

“I am also grateful for the invaluable support of the Authority, especially through our dedicated and impressive secretariat, and many opportunities for genuine dialogue with Police Scotland over a most demanding period for the whole country.

“Our work has allowed us to highlight the role of human rights in the principle of policing by consent as well as the central importance of the principle of operational independence of a police service.”

Responding to publication of the report, Martyn Evans, Chair of the Scottish Police Authority said:

“The unprecedented police powers granted to restrict freedom of movement and reduce the spread of coronavirus has placed hugely complex and sensitive challenges on policing over the last 16-months. The Authority recognised the need to reassure the public that the police service had sufficient capacity and visibility to protect their safety and wellbeing while simultaneously ensuring the governance and accountability arrangements for policing were robust and reflective of the exceptional circumstances.

“Establishing the Independent Advisory Group has informed and enhanced the Authority’s oversight of policing during the period and I am grateful to John Scott QC Solicitor Advocate and the wider membership for their insight and contribution.

“Reviewing the work of the IAG and learning lessons from our approach is an important step. I am grateful to the authors of this work for their contribution which will be considered in detail by the Authority. “

Deputy Chief Constable Will Kerr said: “We understand the extraordinary sacrifices the people we serve have been asked, and at times required, to make as part of the national response to a public health crisis.

“Officers and staff have had a vital role to explain fast-changing guidelines and emergency legislation, encourage people to do the right thing, and, where necessary and as a last resort, enforce the law. They continue to do so while facing the same personal and professional challenges as everyone else.

“Policing in Scotland has a strong connection with the public we serve and from whose consent we draw our legitimacy. Maintaining and enhancing that bond of trust is always a key consideration for Police Scotland, including during our response to the pandemic.

“As a service founded on upholding and enabling human rights, we are acutely aware that coronavirus restrictions do not affect everyone equally. Some communities and individuals are, for a variety of complex reasons, less able to comply with the requirements.

“That’s why, at an early stage, with the support of the Scottish Police Authority, the Chief Constable commissioned John Scott QC Solicitor Advocate to chair an Independent Advisory Group to provide additional assurance and human rights-focussed oversight of coronavirus powers.

“We are extremely grateful for the broad insight and perspective which Mr Scott and the IAG continues to provide to policing in Scotland and which has contributed significant value to our thinking and approach.

“Our experience, since the beginning of the pandemic, is that, overall, our fellow citizens have shown remarkable co-operation for their police service during a difficult period and we continue to be very grateful for that support.”

The full report can be accessed from the Scottish Police Authority’s website.

The Authority’s meeting will be available to watch live, or at a later date from the following link: Authority Meeting - June 2021 on Livestream

Article initially published 28 June 2021

Notes to Editors

The review was conducted over a 6-week period in March and April 2021 by independent consultants, Simon Anderson and Jennifer Waterton. The review is based on documentary evidence, observation of meetings and interviews with members of the IAG and other key internal stakeholders.