Undercover Policing

Part of the debate – in the Scottish Parliament at on 30 June 2016.

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Photo of Douglas Ross Douglas Ross Conservative

I congratulate Neil Findlay on securing parliamentary time for his members’ business motion today, and I recognise his continued efforts to bring this serious issue to Parliament on behalf of his constituents in the Lothian region, and indeed people across Scotland. The implications, understandably, have broader application across the UK, and it is right and appropriate that we have the opportunity to address them here in the Scottish Parliament in light of recent developments.

In Scotland, as we all know, transparency in policing has dominated both the political and the public discourse since the creation of the single police force three years ago. In particular, debates surrounding Police Scotland’s firearms standing authority and stop and search tactics have underscored the public’s appetite for honesty and openness where policing is concerned. Subsequent reports on those issues from the Scottish Police Authority and Her Majesty’s inspectorate of constabulary in Scotland have rightly acknowledged the critical importance of

“the principle of policing by consent and the statutory principles of engagement and accessibility”.

I have to say that the recent discussion and announcement in Scotland about the uplift in the number of armed officers was handled very well by Police Scotland, because it engaged at an early stage. The announcement had the potential to provoke public criticism, but because the police were up front and engaged with parliamentarians and the public at an early stage they gained from that, so that is a useful way to go forward.

On the point about engagement and accessibility, I was interested to read Sir Christopher Pitchford’s opening statement on the inquiry into undercover policing, in which he states:

“As far as I aware, this is the first time that undercover policing has been exposed to the rigour of public examination ... The Inquiry’s priority is to discover the truth ... This is a public inquiry to which, as the name implies, the public will have access.”

That transparent approach is an extremely commendable one that must be taken forward. However, as the motion from Neil Findlay emphasises and explains, it is nevertheless problematic, as the territorial scope of the inquiry is currently limited to England and Wales. As such, although Scotland can certainly benefit from the recommendations of the inquiry’s final report, the Scottish public and those inadvertently and unwittingly involved will not learn the facts in relation to the covert operations that, as Mr Findlay has said, were implemented north of the border.

That asymmetrical situation seems fundamentally unfair. We were previously under the impression that evidence from relevant Scottish witnesses would be admissible to the inquiry, but there is no guarantee that that will be the case given the limited terms of reference. The Scottish Conservatives therefore support the extension of the Pitchford inquiry to Scotland, and that is why, if that extension is not possible, we agree with Neil Findlay that we must urge the Scottish Government to establish its own inquiry into undercover policing.

We all know from the useful briefing from Amnesty International, and from other information on the debate, that it is not just Scotland that wants to be included in the Pitchford inquiry. There are also good examples from Germany.

It is important to recognise that such an undertaking will be logistically complex given the different jurisdictions that are involved, but I genuinely hope that those difficulties can be overcome. We must also be aware of the operational imperatives that might serve to limit the comprehensiveness of an inquiry. Equally, where possible, we must not let such imperatives act as an obstacle to the truth. However, let us not try to run before we can walk. I understand that discussions are under way between the Scottish Government and the Home Secretary on this matter, and I look forward to hearing from the minister how that is progressing.

I am encouraged. As the new parliamentary term gets under way, there is cross-party consensus that transparency is key where policing is concerned. Policing by consent is central to our society and we must do all that we can to ensure that that remains very much the case.