Report Summary
The Scottish Police Authority provided written evidence to the Scottish Government's Criminal Justice Committee on the Police (Ethics, Conduct and Scrutiny) Bill. This was submitted on 6 December 2024.
This should be read alongside the Authority’s responses to the pro-forma call for views on the Bill.
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“Prescribed person” status for the PIRC
“Prescribed person” status for the PIRC
Lady Angiolini recommended that the PIRC be included as a “prescribed person” under the Public Interest Disclosure (Prescribed Persons) Order 2014 (the Order). The Order is UK legislation.
Lady Angiolini’s findings
In her final report, Lady Angiolini referred to evidence given to the Justice Committee on this issue in 2018. UNISON, for example, expressed concern about the “limited pathways to pursue complaints and concerns about the operation of the service for police staff.”[1] The Scottish Human Rights Commission highlighted the importance of whistleblowers being able to take their allegations directly to an external party.[2]
Lady Angiolini also referred to the arrangements in England and Wales, where the IOPC is a prescribed person for conduct-related whistleblowing allegations.
Lady Angiolini concluded:
“Having weighed up the evidence, I believe that the absence of a prescribed independent third-party person to whom whistleblowers in policing can report wrongdoing is a significant gap that should be filled. Ideally concerns should be raised internally in the first instance so that the organisation can act quickly on those concerns but there may be many valid reasons why an individual would want to be able to report wrong-doing to an external body …
In my view the PIRC is the organisation that is best placed to fulfil that crucial role because of its existing expertise, its understanding of policing and its ability, potentially, to make connections with other investigations.”[3]
The Authority’s view
The Authority understands that the Scottish Government is to work with the UK Government with a view to the PIRC being included as a prescribed person in the Order. The Authority very much supports these efforts.
The PIRC’s inclusion as a prescribed person will allow police officers, police staff and Authority staff to make conduct-related whistleblowing allegations directly to an independent third party, while maintaining the protections afforded to whistleblowers under employment legislation. It will also bring Scotland into line with arrangements in England and Wales (where the IOPC is a prescribed person) and the Republic of Ireland (where the Garda Siochana Ombudsman Commission is a prescribed person under the equivalent Irish legislation).
[1] Final report, para 10.7
[2] Final report, para 10.8
[3] Final report, paras 10.31 -10.32
