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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The Barred and Advisory lists
The Barred and Advisory lists
Section 7 of the Bill establishes the Scottish police barred and advisory lists. The barred list will contain the names of persons who have been dismissed following disciplinary proceedings, including those dismissed as a result of proceedings taken after their departure from the police service. The advisory list will include persons who left the service before gross misconduct proceedings were initiated or completed.
Section 7(1) provides that both lists are to be established and maintained by the Authority.
The Authority supported the introduction of the barred and advisory lists in its submissions to Lady Angiolini’s review, and in its response to the pre-Bill consultation.
In the Authority’s view, however, the most appropriate body to administer the lists is Police Scotland. The Authority therefore seeks an amendment to section 7 conferring the function of establishing and maintaining the lists on the chief constable. Police Scotland agrees that it is the appropriate body to perform these functions.
In England and Wales, the College of Policing administers the Barred and Advisory lists. However, that is because of the distinct role the College performs in relation to standards; and the fact that there are numerous police forces there.
In Scotland, there does not appear to be any reason why the function cannot be conferred directly on the chief constable. It would fit readily into Police Scotland’s existing responsibilities and infrastructure for related functions such as vetting. In addition, most if not all of the data to be included in the lists would be generated through misconduct proceedings handled by Police Scotland rather than the Authority.
Section 7(2) does allow Ministers to make regulations allowing the Authority’s functions in relation to the lists to be delegated. However, if the intention is to allow the Authority to delegate the functions to the chief constable, this perhaps underlines the question as to why the function cannot be conferred on the chief constable directly.
