tag:theconversation.com,2011:/au/topics/michael-matheson-24262/articlesMichael Matheson – The Conversation2018-02-08T14:50:15Ztag:theconversation.com,2011:article/915002018-02-08T14:50:15Z2018-02-08T14:50:15ZPolice Scotland: another resignation, an undercover report and a national force in disarray<figure><img src="https://images.theconversation.com/files/205505/original/file-20180208-180801-10o5s2w.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Former Scottish Police Authority chair Andrew Flanagan with Phil Gormley who has resigned as Scotland's chief constable.</span> <span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.25160277">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>Few were surprised on February 7 when the <a href="http://www.spa.police.uk/about-us/">Scottish Police Authority</a> (SPA) announced that its chief constable <a href="http://www.scotland.police.uk/about-us/police-scotland/executive-team/chief-constable-philip-gormley">Phil Gormley</a> – on special leave from his role since last September – had resigned with immediate effect. On the day a <a href="https://beta.gov.scot/news/undercover-policing/">long-awaited report</a> into undercover policing in Scotland was due to be released, this tumultuous event at <a href="http://www.scotland.police.uk/about-us/">Police Scotland</a> took centre stage, knocking all other issues out the way.</p>
<p>The sense of inevitability is due to a number of factors. By yesterday <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-42817034">seven separate complaints</a> had been lodged against Gormley – some of which if proven would have amounted to gross misconduct. This unprecedented intervention by individuals who worked closely with the chief constable seems to have created insurmountable problems.</p>
<p>Yet equally as important was the <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-42626054">alleged intervention</a> of Scottish justice secretary <a href="http://www.parliament.scot/msps/currentmsps/michael-matheson-msp.aspx">Michael Matheson</a> in the whole affair. Gormley himself refers to the events of “<a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-42817033">last November</a>” as the reason it would be “impossible” for him to go back to his high-ranking job.</p>
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<img alt="" src="https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=877&fit=crop&dpr=1 600w, https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=877&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=877&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1103&fit=crop&dpr=1 754w, https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1103&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/205510/original/file-20180208-180826-157top.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1103&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Scottish justice minister Michael Matheson challenged the SPA decision to allow Phil Gormley to return to his post last November.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.34787232">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>Gormley wanted to return last autumn, but when the chair of the SPA – the central watchdog that oversees Police Scotland – informed Matheson that it supported the chief constable’s request, he asked them to think again. As a result, Gormley did not come back. It is critical that a country’s police forces are independent from government and it has been <a href="https://www.scotsman.com/news/scottish-labour-claim-snp-s-michael-matheson-may-have-broken-the-law-1-4682225">argued</a> that Matheson had overstepped the mark and intervened in an inappropriate way. He is now facing calls to <a href="https://www.thetimes.co.uk/article/michael-matheson-must-follow-police-chief-and-resign-tories-say-2pc2mjc89">resign</a> himself.</p>
<p>But this situation which verges on fiasco goes deeper than the ending of a career of a senior police officer and potentially that of a senior Scottish government minister. It cuts to the heart of the nature of the national police force in Scotland.</p>
<h2>Weakening force</h2>
<p>Created in 2013, Police Scotland is now considering its third chief constable in five years. <a href="https://www.theguardian.com/commentisfree/2015/aug/28/stephen-house-police-scotland">Stephen House</a>, the first chief constable of the new amalgamated Scottish force, resigned a year early after a number of <a href="http://www.bbc.co.uk/news/uk-scotland-34072703">controversial initiatives</a>, notably around the mass searching of young people and the deployment of armed police on non-emergency duties. His successor, Phil Gormley, appointed in January 2016, barely made two years of service.</p>
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<p><em><strong>Read more: <a href="https://theconversation.com/the-deepening-crisis-in-scottish-policing-a-government-intervention-too-far-90037">The deepening crisis in Scottish policing: a government intervention too far</a></strong></em> </p>
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<p>This reflects an institutional problem: the centralisation of power within Police Scotland went against the grain of centuries of localised tradition and accountability. It was a major change of approach for the SNP government to endorse, and meant there was no counter balance to the power the Police Service held. That responsibility should have fallen to the SPA, yet it has struggled with its role and procedures.</p>
<p><a href="http://www.sipr.ac.uk/downloads/Research_Summaries/Research_Summary_28.pdf">Research</a> from Edinburgh University showed that most SPA members were unsure of their tasks and found their powers useless in the face of Police Scotland senior management. There also was a culture of secrecy which resulted in the early resignation of the chair <a href="http://www.spa.police.uk/news/322981/302961/">Andrew Flanagan</a>. He has now been replaced by former Scottish Labour cabinet minister <a href="http://www.aog.ed.ac.uk/people/directorate/professor_susan_deacon">Professor Susan Deacon</a>.</p>
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<img alt="" src="https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=869&fit=crop&dpr=1 600w, https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=869&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=869&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1092&fit=crop&dpr=1 754w, https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1092&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/205513/original/file-20180208-180805-mprj3d.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1092&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Professor Susan Deacon is now tasked with finding a new chief constable for Scotland, the third in five years.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.1371429">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>She has a major task on her hands now overseeing the appointment of a new chief constable while dealing with the institutional limitations of the Scottish Police Authority.</p>
<p>One serious issue which fundamentally pertains to a centralised police force is the blurred lines of accountability. At the centre is Police Scotland, the SPA and the Scottish government all stepping on one another’s toes. There now needs to be a close examination of these structures, almost continually in crisis management for the last five years.</p>
<h2>Undercover police scandal</h2>
<p>On the same day as Gormley’s resignation, another policing controversy was returned to the public spotlight after a government investigation report was released: the infiltration of undercover officers in political grassroots organisations.</p>
<p>Revelations that the Met’s <a href="https://www.theguardian.com/uk-news/undercover-with-paul-lewis-and-rob-evans/2015/jul/26/scotland-yard-shut-down-undercover-police-unit-because-it-broke-rules">Special Demonstration Squad</a> infiltrated these groups and formed intimate relationships with activists have caused widespread dismay over the last few years. This led to the establishment of a <a href="https://www.theguardian.com/uk-news/2017/may/31/sir-john-mitting-undercover-police-inquiry-lord-justice-pitchford-motor-neurone-disease">UK inquiry</a> to explore undercover policing and its tactics – although it does not cover actions that took place in Scotland nor the role of Scottish Police.</p>
<p>The Scottish government has refused to hold a separate Scottish inquiry – a decision confimed by Michael Matheson after his statement on Gormley’s resignation.</p>
<p>But as an alternative, <a href="https://www.hmics.scot/">Her Majesty’s Inspectorate for the Constabulary in Scotland</a> (HMICS) was commissioned to carry out an internal investigation into Scottish undercover policing. On February 7 it concluded unequivocally that there was “no evidence” that Police Scotland had “infiltrated social justice campaigns”.</p>
<p>The report focuses on the use of Scottish undercover policing in tackling serious crimes. A total of 423 undercover operations of this nature have been undertaken since 2000 in Scotland. As an examination of the policing of serious criminal behaviour, the report is certainly interesting, but it fails to deal with the central issue that it was set up to investigate: the widespread use of undercover policing in political campaigns.</p>
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<img alt="" src="https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=393&fit=crop&dpr=1 600w, https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=393&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=393&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=494&fit=crop&dpr=1 754w, https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=494&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/205516/original/file-20180208-180816-564xu5.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=494&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">The Met has conceded it sent undercover officers to Scotland for the G8 Summit at Gleneagles in 2005 where political activists gathered to protest.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.2481196">PA</a></span>
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<p>Although the report is adamant no Scottish police officers engaged in any kind of infiltration activity, it concedes that undercover English officers spent periods of time north of the border. Indeed, the SDS deployed 11 officers over a decade in Scotland – mainly around the <a href="http://news.bbc.co.uk/1/hi/uk_politics/4595439.stm">G8 summit</a> in 2005 when world leaders including George W Bush and Tony Blair gathered at Gleneagles.</p>
<p>The report claims that during that event they operated with “the full knowledge” of Tayside Police. But the lack of detail and openness in the report has not satisfied campaigners for a full Scottish public inquiry.</p>
<p>The fact that Gormley had direct oversight of undercover policing at the Met before he became Scotland’s chief constable just adds another curious twist to the ongoing Police Scotland saga. Now his resignation puts to rest one long-running element of what many consider a damning indictment of Scotland’s centralised police force. But lack of institutional reform and the blurring of accountability means further problems will surely not be far away.</p><img src="https://counter.theconversation.com/content/91500/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nick McKerrell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The lamentable Police Scotland saga continues as its second chief constable resigns and an undercover policing report denies any wrong doing.Nick McKerrell, Lecturer in Law, Glasgow Caledonian UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/900372018-01-12T16:31:42Z2018-01-12T16:31:42ZThe deepening crisis in Scottish policing: a government intervention too far<figure><img src="https://images.theconversation.com/files/201764/original/file-20180112-101511-wb67n6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Scotland's chief constable Phil Gormley is currently on special leave</span> <span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.32202335">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>Out with the old and in with the new. How the Scottish government must wish that as 2018 begins, this traditional old saying could apply to <a href="http://www.scotland.police.uk/about-us/">Police Scotland</a>. But on January 10, in the first week of parliamentary business, the justice minister, <a href="http://www.parliament.scot/msps/currentmsps/michael-matheson-msp.aspx">Michael Matheson</a>, was called on to make yet another statement on Scotland’s beleaguered national police force. Just before Christmas he was defending police use of <a href="https://www.scotsman.com/news/politics/taser-use-will-not-lead-to-armed-police-1-4643497%E2%80%8B">tasers</a>. This time, however, it was personal.</p>
<p>It was revealed via the release of <a href="http://www.heraldscotland.com/news/15791893.Revealed__the_bitter_row_between_Police_Scotland_s_chief_constable_and_the_Justice_Secretary/">several letters</a> on Christmas Eve that the minister had intervened in the business of the service watchdog the <a href="http://www.spa.police.uk/about-us/">Scottish Police Authority</a> (SPA), to prevent the return to work of the chief constable <a href="http://www.scotland.police.uk/about-us/police-scotland/executive-team/chief-constable-philip-gormley">Phil Gormley</a> in November.</p>
<p>Gormley, in post since January 2016, has been on “special leave” from his position since September last year following <a href="http://www.bbc.co.uk/news/uk-scotland-41939592">five staff complaints</a> over his behaviour, and was being investigated for potential gross misconduct.</p>
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<p><em><strong>Read more: <a href="https://theconversation.com/scotlands-police-force-is-in-crisis-and-it-starts-at-the-top-84052">Scotland’s police force is in crisis - and it starts at the top</a></strong></em> </p>
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<p>The SPA board had met and unanimously agreed to allow him to return to work – until the justice minister was informed. The minister then raised concerns at a meeting with the outgoing chair of the SPA <a href="http://www.spa.police.uk/about-us/the-board/andrew-flanagan/">Andrew Flanagan</a> – which was <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-42647721">not minuted</a> – and the board subsequently overturned its position. Gormley is still not back at his desk.</p>
<h2>Unapologetic</h2>
<p>The trouble with this, apart from the obvious problem of the government determining who the top police officer in the country should be, is that the minister had no formal authority to do this. In legal parlance he seems to have been acting <em>ultra vires</em>: beyond his powers.</p>
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<img alt="" src="https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=877&fit=crop&dpr=1 600w, https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=877&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=877&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1103&fit=crop&dpr=1 754w, https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1103&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/201765/original/file-20180112-101495-1jmf0w4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1103&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Justice Secretary Michael Matheson intervened this week to overturn the decision by the Scottish Police Authority to return Chief Constable Phil Gormley to work.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/search-results/fluid/?q=michael%20matheson&amber_border=1&category=A,S,E&fields_0=all&fields_1=all&green_border=1&imagesonly=1&orientation=both&red_border=1&words_0=all&words_1=all#2.32202335">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>In extreme circumstances the justice minister could issue a written request for the SPA to overturn a decision which would be presented to parliament – this was not done in this case. In an <a href="https://www.express.co.uk/scotland/902996/SNP-justice-minister-police-scotland-chief-constable-Michael-Matheson-Phil-Gormley">unapologetic speech</a> to Holyrood, Matheson claimed he had to raise his concerns over the lack of “due process” adopted by the SPA.</p>
<p>In particular, the SPA had not contacted the body investigating the complaints against Gormley – the <a href="https://pirc.scot/">Police and Investigations Review Commissioner</a> (PIRC) – nor had it informed any of those who had raised complaints. As a result Matheson concluded that the SPA had acted in a “completely unacceptable” way.</p>
<p>Such arguments in defence of a fair hearing and protecting staff seem to have a degree of legitimacy and may have ensured temporary political survival for Matheson. There certainly seem to be issues about the leadership of Police Scotland. As well as the Gormley situation, an assistant chief constable <a href="https://www.dailyrecord.co.uk/news/scottish-news/police-scotland-probe-suspends-chief-11629890">was also suspended</a> in November for alleged criminal behaviour which is now being investigated.</p>
<p>But it would be unusual for a government minister to involve themselves in the minutiae of any other employment dispute or managerial appointment in other public services. Would the same interventionist attitude be displayed towards an NHS Trust Board or the governing body of a Scottish college or university?</p>
<p>The fact remains that the issues surrounding the chief constable’s leave and how it has been handled are nothing to do with the government. This is why the structures introduced in 2011 gave this power to the nationally appointed SPA. There is actually less of a case for the police to be subject to government intervention than in other spheres of the public sector because of the specific powers the police have in our society.</p>
<h2>Police powers</h2>
<p>There was a stark reminder of these powers in December when the acting chief constable, <a href="http://www.scotland.police.uk/whats-happening/news/2017/september/deputy-chief-constable-iain-livingstone-cancels-retirement-plans">Iain Livingstone</a>, announced the decision to give 500 officers <a href="https://www.theguardian.com/uk-news/2017/dec/14/extra-500-scottish-officers-to-get-tasers-after-rise-in-assaults-on-police">access to tasers</a> (doubling the number in Scotland) and increasing the use of armed police for non-firearm calls.</p>
<p>This major decision was presented to a meeting of the SPA almost as a fait accompli – even though the body is meant to be the watchdog for the Scottish force and these decisions could fundamentally alter policing.</p>
<p>As well as having access to weapons, Police Scotland alone has substantial powers to arrest, detain and search any citizen in the land. In fact at the end of this month the <a href="http://www.legislation.gov.uk/asp/2016/1/contents/enacted">Criminal Justice (Scotland) Act 2016</a> will come into force – bringing all these powers together in an act of parliament for the first time.</p>
<p>Such power needs to be handled with care. This means the accountability and governance structure of a police force is key if policing is to be done by <a href="https://www.gov.uk/government/publications/policing-by-consent">consent</a>. The ability to take away people’s freedoms and, in very specific circumstances, use lethal force means there must be clear distance from government interference.</p>
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<img alt="" src="https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=370&fit=crop&dpr=1 600w, https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=370&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=370&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=465&fit=crop&dpr=1 754w, https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=465&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/201766/original/file-20180112-101511-znhdo4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=465&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Former Justice Minister Kenny MacAskill, one of the architects of the amalgamated Scottish police force, called for Phil Gormley to step down this week.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.19994127">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
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<p>Freed from his responsibilities of office, <a href="http://www.heraldscotland.com/news/13411726.Kenny_MacAskill_announces_he_will_stand_down_as_an_MSP_next_year/">Kenny MacAskill</a>, the former justice minister and major architect of the national police force, has <a href="https://inews.co.uk/opinion/comment/time-move-along-phil-gormley-good-police/">openly called</a> for Gormley to be removed while promoting his favoured candidate for the role, acting chief constable Iain Livingstone (who rescinded his retirement to take the helm). This would be unacceptable for the Scottish government itself to do.</p>
<h2>Structural crisis</h2>
<p>Yet it is not about personalities. The problems of Scottish policing stem from the structural changes made when the national police force was <a href="https://www.theguardian.com/uk/2013/apr/01/police-scotland-stephen-house-chief-constable">introduced</a> in 2013 by MacAskill. It went against the grain of local policing in Scotland. By removing all elements of localised accountability, the enhancement of power of senior officers in Police Scotland and the ability of the Scottish government to intervene in policing looked inevitable – and indeed that is what has happened.</p>
<p>Ironically, the SPA board criticised by Matheson for its handling of the chief constable situation was actually appointed by the Scottish government and it has not escaped its own existential crisis.</p>
<figure class="align-left ">
<img alt="" src="https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=876&fit=crop&dpr=1 600w, https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=876&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=876&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1101&fit=crop&dpr=1 754w, https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1101&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/201768/original/file-20180112-101498-gc4bma.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1101&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Andrew Flanagan, former chair of the Scottish Police Authority, resigned over claims about his conduct and lack of transparency.</span>
<span class="attribution"><a class="source" href="https://www.paimages.co.uk/image-details/2.30296655">PA</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
</figcaption>
</figure>
<p>In December 2017 Flanagan was replaced as chair by <a href="http://www.aog.ed.ac.uk/people/directorate/professor_susan_deacon">Professor Susan Deacon</a>, an experienced former government minister and academic, after he resigned due to <a href="http://www.telegraph.co.uk/news/2017/06/14/scotlands-under-pressure-police-board-chief-resigns/">criticisms</a> over his conduct and lack of transparency. Yet the machinations over the chief constable are not the only issue she will have to deal with. </p>
<p>A <a href="http://www.audit-scotland.gov.uk/uploads/docs/report/2017/aar_1617_spa.pdf">report</a> by <a href="http://www.audit-scotland.gov.uk/about-us/audit-scotland">Audit Scotland</a> of the SPA’s overseeing of the policing budget made for shocking reading. The use of public money has been deemed “unacceptable” by the auditor general. This included approving £120,000 for relocation costs for a new senior officer and approving a six figure pay-off for an employee.</p>
<p>As 2018 begins, policing in Scotland is in crisis: no chief constable, a justice minister facing political and legal challenges over his behaviour and a national police authority forced to re-establish its reputation and define its role. A close examination of the structures is urgently needed if this crisis is to be resolved.</p><img src="https://counter.theconversation.com/content/90037/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nick McKerrell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The Scottish police debacle takes another twist as the justice minister intervenes to prevent the chief constable returning to his post following bullying claims.Nick McKerrell, Lecturer in Law, Glasgow Caledonian UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/588812016-05-04T13:42:22Z2016-05-04T13:42:22ZWhy policing in Scotland remains a thorn in the government’s side<p>Nicola Sturgeon recently <a href="http://www.telegraph.co.uk/news/2016/04/19/nicola-sturgeon-m9-crash-deaths-my-lowest-point-as-first-ministe/">admitted that</a> the lowest point of her 18 months as Scottish first minister was when <a href="http://www.dailyrecord.co.uk/news/scottish-news/driver-m9-crash-left-two-6466317#sh4FviBjyvvTITh2.97">John Yuill and Lamara Bell</a> died on the M9 in 2015 following a police call that was not acted upon. </p>
<p>It went to the heart of the problems caused by the 2013 decision to create Police Scotland via a merger of eight regional forces, and was the <a href="http://www.telegraph.co.uk/news/uknews/scotland/11827712/Sir-Stephen-House-quits-as-Police-Scotland-chief.html">final straw</a> for the tenure of inaugural chief constable Stephen House. It capped a difficult five years in justice for the Scottish government, the effects of which will continue to play out for some time to come. </p>
<p>In the <a href="http://votesnp.com/campaigns/SNP_Manifesto_2011_lowRes.pdf">SNP manifesto of 2011</a>, the plan to create Police Scotland was not made clear to voters. The headline demand on policing focused on extra officers on the beat. There was no mention of one national force with all its associated problems of accountability. If you dig quite deep, you find only this ambiguous statement: “In order to maintain the increased visible police presence we will reduce the number of police forces in Scotland.” </p>
<p>The first years of Police Scotland, which is seen as a potential model for England and Wales, were defined by the powerful House and some controversial police tactics. Stop and search <a href="https://theconversation.com/where-stop-and-search-policing-with-a-firearm-became-routine-34442">was introduced</a> across the whole of the country at unprecedented levels, particularly against young people. Over half a million searches <a href="https://theconversation.com/the-loose-rules-at-the-heart-of-scotlands-stop-and-search-problem-need-tightened-27558">were carried out</a> in the first year of Police Scotland, the equivalent of one in ten of the country’s population being subjected to one. </p>
<p>At the height of its use, <a href="http://www.sccjr.ac.uk/news-events/news/scots-stop-and-search-rates-fall-but-stay-top-in-uk-study-shows/">people in Scotland were</a> four times more likely than anywhere else in the UK to be searched. Most searches were deemed to be “consensual” – agreed to by the participants, including children who are legally too young to consent. When the facts emerged, the government called an inquiry under John Scott QC, who last year <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-34137632">recommended</a> a complete end to consensual search. </p>
<p>House, previously of the London Metropolitan Police and then the former Strathclyde force, also <a href="https://theconversation.com/scottish-police-lurch-from-one-crisis-to-another-with-a-little-help-from-the-met-53704">tried to</a> use armed police in parts of the country on routine patrols. The outcry was again met by an <a href="http://www.telegraph.co.uk/news/uknews/scottish-independence/11035383/Scotlands-controversial-armed-police-policy-to-be-reviewed.html">official investigation</a> – this time by the Inspectorate of Constabulary. The policy was hastily <a href="http://www.scotsman.com/news/politics/police-scotland-u-turn-on-armed-police-patrols-1-3559413">withdrawn</a> in 2014.</p>
<h2>House out, Gormley in</h2>
<p>These controversies raised suspicions that Police Scotland was taking advantage of the transition to a single service. The force’s relationships with Holyrood, communities and the new watchdog, the Scottish Police Authority, were all unclear. This made it easier for the new force to dodge the questions of who it had to answer to.</p>
<p>The chief constable resigned soon after the Yuill/Bell incident last August with a year left on his contract. He was replaced by Phil Gormley, who like him was a trained London Met officer, but the Scottish government could not evade responsibility for what happened on House’s watch. While the police force is supposed to be completely independent from political oversight, justice ministers Kenny MacAskill and then Michael Matheson had no choice but to get involved in every row. </p>
<p>They also commissioned an <a href="http://www.spa.police.uk/news/337373/">investigation</a> by the Scottish Police Authority into Police Scotland’s local accountability, which offered few concrete ideas that would help. Over the past five years, the government’s central message has been that a national police force would enhance local accountability. This has always sounded contradictory. </p>
<p>Policing has arguably taken up more official reports in Scotland in the last five years than any other issue except the independence referendum. And as an issue, it is also unlikely to go away. One foreseeable source of aggravation is that Phil Gormley previously had direct supervisory responsibilities for the undercover Special Demonstration Squad in London. The SDS is currently the subject of a <a href="https://www.ucpi.org.uk">public inquiry</a> over how it used undercover policing to infiltrate radical groups. </p>
<p>The review is currently only looking at England and Wales, but there are <a href="http://www.heraldscotland.com/politics/14210098.London_and_Edinburgh_to_hold_talks_on_extending_undercover_police__sex_spy__inquiry_to_Scotland/?ref=rss">increasing demands</a> from across the political spectrum to extend it to Scotland, following revelations about police activity including the monitoring of activists north of the border. Gormley <a href="http://www.bbc.co.uk/news/uk-scotland-35376486">has said</a> that despite his overall responsibilities, he didn’t know of SDS’s existence. </p>
<h2>Justice trouble</h2>
<p>Tied to the government’s woes over Police Scotland is the <a href="http://www.legislation.gov.uk/asp/2012/1/contents/enacted">Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012</a>, which <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-24825094">gave the police</a> tough powers over sectarian abuse during matches. It has been argued to be unnecessary <a href="http://www.eveningtimes.co.uk/news/13331811.Celtic_call_for_parts_of_anti_sectarian_football_law_to_be_repealed/">and even</a> an invasive attack on the human rights of supporters. Celtic, Scotland’s leading football club, <a href="http://www.eveningtimes.co.uk/news/13331811.Celtic_call_for_parts_of_anti_sectarian_football_law_to_be_repealed/">wants</a> parts of the legislation repealed, while all the political parties apart from the SNP <a href="http://stv.tv/news/politics/1351968-scottish-labour-we-will-repeal-hated-offensive-behaviour-act/">want it abolished</a>. </p>
<p>Kenny MacAskill, the architect of Police Scotland, also <a href="http://www.telegraph.co.uk/news/uknews/scotland/scottish-politics/10669195/Major-SNP-split-emerges-over-ministers-vitriolic-corroboration-speech.html">sought to</a> abolish the traditional Scots Law procedure of corroboration. This law requires at least two corresponding pieces of evidence to prove criminal behaviour. Despite seeing off opposition from within his own party, the legal establishment and the parliament, the policy <a href="http://news.scotland.gov.uk/News/Corroboration-abolition-removed-from-Bill-1866.aspx">was dropped</a> when Michael Matheson took over the department pending further review. It remains to be seen whether the Scottish government will re-introduce this measure.</p>
<p>Meanwhile, the government has sent out mixed signals over prisons. Matheson and his colleagues took the radical step of <a href="http://www.bbc.co.uk/news/uk-scotland-36198992">scrapping</a> plans to build a new women’s prison, re-emphasising their commitment to non-custodial remedies for female prisoners. This contrasted sharply with the <a href="http://news.scotland.gov.uk/News/End-to-automatic-prison-release-2212.aspx">decision</a> in February to end automatic early release for male prisoners, despite Scotland having the highest prison population per head in the EU. </p>
<p>This leaves much in the in-tray for the next Scottish government. The questions of policing – accountability, scrutiny and transparency – are not going to disappear. The new justice minister is also going to have to take decisions about prison populations, corroboration and the Offensive Behaviour Act. We can only hope the government has learned from its mistakes.</p><img src="https://counter.theconversation.com/content/58881/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nick McKerrell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>With the Scottish government’s reputation for policing and justice charred from nine years in office, here’s what the future looks like.Nick McKerrell, Lecturer in Law, Glasgow Caledonian UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/537042016-01-27T16:35:04Z2016-01-27T16:35:04ZScottish police lurch from one crisis to another – with a little help from the Met<p>The Scottish police force’s <a href="http://www.bbc.co.uk/news/uk-scotland-35376486">latest unhappy revelation</a> must have sent a shiver down the necks of the Scottish justice department: Phil Gormley, the new chief constable, previously supervised the division of the London Metropolitan Police which included the controversial undercover unit the <a href="http://www.dailymail.co.uk/news/article-2704877/Secret-police-unit-ran-40-years-without-officers-knowing-Rogue-squad-gathered-intelligence-18-justice-campaigns-including-Stephen-Lawrence.html">Special Demonstration Squad</a>. </p>
<p>In one fell swoop, Scotland’s “top cop” has become embroiled in one of the most controversial issues in UK policing in the past 20 years – although he <a href="http://www.bbc.co.uk/news/uk-scotland-35376486">has said</a> he knew nothing about the Special Demonstration Squad at the time. The unit deployed officers who infiltrated radical groups such as environmentalists and anarchists, who in some cases had sexual relationships with group members and even fathered children. The connection is the last thing that troubled Police Scotland needs and the timing could not have been worse: environmental campaigner Kate Wilson <a href="http://www.bbc.co.uk/news/uk-35350095">recently won damages</a> against the police after her two-year relationship with undercover officer Mark Kennedy. Several other women have received out-of-court settlements as a result of the matter. </p>
<p>Controversy has dogged Police Scotland since it <a href="http://www.bbc.co.uk/news/uk-scotland-21820882">was formed</a> in April 2013 by merging Scotland’s eight regional forces. Though such as centralised model of policing has been resisted in England and Wales, Police Scotland’s first chief constable, Sir Stephen House, had spent his entire career in England, including a stint as assistant commissioner of the London Met, before becoming chief of Strathclyde Police in 2007. Once in Scotland, the combative House quickly became an advocate of a single national force for Scotland at a time when it was a minority political view. He began winning the argument when the SNP-led Scottish government <a href="http://votesnp.com/campaigns/SNP_Manifesto_2011_lowRes.pdf">changed its position</a> on national policing ahead of the 2011 Scottish elections. </p>
<h2>Tough tactics</h2>
<p>Following House’s promotion to run the new merged force in 2013, he wasted no time in making his mark on Scottish policing. Police Scotland used stop-and-search tactics on a <a href="http://www.heraldscotland.com/news/13413778.Nearly_one_in_every_five_Glaswegians_subjected_to_stop_and_search/">huge scale</a>, following the model he used in Strathclyde that in 2010 made such searches <a href="http://www.sccjr.ac.uk/wp-content/uploads/2014/06/SCCJR-Non-statutory-stop-and-search-FINAL-1.4.pdf">four times more common</a> than in the whole of England. </p>
<p>In Police Scotland’s first year alone, 520,000 searches took place. These were overwhelmingly carried out on young people (including hundreds of children under the age of 12), without the officer having to specify the law under which anyone was being searched. Following general outcry, the Scottish government <a href="http://www.gov.scot/Resource/0048/00484527.pdf">carried out</a> a review in 2015 overseen by a senior human rights lawyer who concluded that the procedure was of “questionable lawfulness and legitimacy”. The government <a href="http://www.theguardian.com/uk-news/2015/sep/03/police-scotland-urged-to-end-non-statutory-stop-and-search">duly made</a> Police Scotland change the policy. </p>
<p>The whole worrying episode could be traced to a <a href="http://www.theguardian.com/uk-news/2014/apr/04/metropolitan-police-federation-report-arrest-quotas-demoralising">target-led culture</a> endemic in the Metropolitan Police and across senior police management structures. This Met influence on House was also seen in another Police Scotland controversy – the use of armed police. The small number of Scottish armed officers were deployed on routine incidents. This led to scenes of police with guns patrolling the streets in Inverness and other rural communities. Following protest and political anger, this practice was also <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-29444184">rolled back</a>.</p>
<h2>When House fell</h2>
<p>House’s <a href="http://www.telegraph.co.uk/news/uknews/scotland/11827712/Sir-Stephen-House-quits-as-Police-Scotland-chief.html">resignation</a> last August, a year before his contract was supposed to end, came amid criticism of these aggressive policing operations, though things were brought to a head by another controversy – the <a href="http://www.dailyrecord.co.uk/news/scottish-news/driver-m9-crash-left-two-6466317#sh4FviBjyvvTITh2.97">car-crash deaths</a> of John Yuill and Lamara Bell near Stirling the month before. Although a passer-by had reported the crash to the police call response unit, no one acted on it for several days and the call was not recorded on the system. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=446&fit=crop&dpr=1 600w, https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=446&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=446&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=561&fit=crop&dpr=1 754w, https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=561&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/109232/original/image-20160126-20542-1m6pye4.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=561&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Lamara Bell and John Yuill.</span>
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</figure>
<p>Yet House’s departure did not end the unsettled structures of accountability within the new national structure. Moving from locally based forces to a centralised one has not been balanced with equivalent democratic national watchdog bodies. It was this vacuum that allowed such aggressive policing in the first place.</p>
<p>It seemed counter-intuitive to say the least to replace House in December with Gormley, another senior Met officer with absolutely no experience in Scotland. There is the advantage that he has no association with the previous regime, but since his arrival, it has been déjà vu for the Scottish force and the government. Even before the Special Demonstration Squad story, Gormley had <a href="http://www.scotlibdems.org.uk/answers_needed_on_police_scotland_spying">inherited the problems caused by the revelation</a> that Police Scotland hacked journalists’ data to discover their sources without observing due process. The Scottish parliament is investigating the issue, but Police Scotland <a href="https://www.pressgazette.co.uk/force-refuses-let-officers-be-quizzed-scottish-parliament-over-ripa-abuse-find-journalistic-sources?qt-most_read_most_commentedt=1">is reportedly refusing</a> to allow some serving officers to appear in front of the relevant committee. It adds to the sense that some senior people at Police Scotland regard themselves as untouchable. </p>
<p>As if all this wasn’t enough, news of Gormley’s role at the Met comes amid <a href="http://www.heraldscotland.com/news/14186434.New_call_for_a_Scottish_Government_inquiry_into_undercover_police_operations/">strong calls</a> for the <a href="https://www.ucpi.org.uk">Pitchford Inquiry</a> into the Met’s Special Demonstration Squad and undercover policing to be extended to Scotland. There is strong evidence that the undercover officers in question were operating during a number of <a href="http://www.thecourier.co.uk/news/scotland/undercover-policeman-mark-kennedy-linked-to-gleneagles-protesters-1.921501">Scottish protests</a>. So far, the UK government has resisted broadening the remit of the inquiry. </p>
<p>In sum, the new Scottish chief constable is in for a bumpy ride. These London chiefs and policing practices, curiously imported by Nicola Sturgeon’s SNP government, are likely to become a central issue in the <a href="http://www.bbc.co.uk/news/uk-scotland-scotland-politics-35131438">upcoming elections</a>. The repercussions for Scottish society are likely to be felt for a long time. We haven’t heard the last of this to say the least.</p><img src="https://counter.theconversation.com/content/53704/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Nick McKerrell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The Met’s fingerprints are all over the havoc a few hundred miles north.Nick McKerrell, Lecturer in Law, Glasgow Caledonian UniversityLicensed as Creative Commons – attribution, no derivatives.