1. To ask the Scottish Government what discussions it has had with Police Scotland regarding any changes to the policing of protests. (S6O-02236)

I regularly meet the chief constable and his team and there have been no discussions regarding change to the policing of protests.

Although significant change to the legislation concerning public order policing in England and Wales has taken place recently, those provisions do not extend to Scotland and we have no plans to make any changes to the policing of protests here. Scotland has a proud tradition of peaceful protest, and the Scottish Government is committed to uphold the democratic right to peaceful public assembly.

There was widespread anger at reports of heavy-handed policing of peaceful protest at the coronation. The Cabinet secretary’s reassurances about support for peaceful protest here in Scotland are especially welcome following the disgraceful Public Order Act 2023 in England and Wales, which Labour now says it will keep on the books if it is in government.

Does the cabinet secretary agree that trashing the right to peaceful protest is yet another example of where Tories lead, Labour follows?

The member makes a political point that I am, of course, compelled to agree with. The legislation that was passed in England has been described by some as draconian—a piece of legislation that clamps down on our basic democratic right to protest as an anti-protest law that can be used to stop the public from seeking even to hold placards in the street. By contrast, we in this Parliament will uphold people’s right to peaceful protest, while always ensuring a balance between rights and responsibilities.

I am glad to hear the justice secretary confirm that there is no intention to go down the same route as the UK Government in that area, but as Ariane Burgess pointed out, there were concerns arising from the policing around the death of the Queen. There were also concerns in relation to the 26th United Nations climate change conference of the parties—COP26—about the use of stop and search powers and more general surveillance.

Therefore, has the Cabinet secretary had, or does she intend to have, discussions with Police Scotland about data gathering, which could give us a greater sense of confidence that the human rights-based approach to policing by Police Scotland is being delivered in practice?

Police Scotland is one of the most scrutinised public services in Scotland, and it has a clear track record and commitment to upholding human rights. The position of Police Scotland on policing protests is to engage, explain and encourage, and to do all that before ever reaching an enforcement stage. However, of course, as members would expect me to do, I will discuss data matters with Police Scotland to explore what would be proportionate and possible.