General Policing Issues

In the second sitting of the Commons Committee, the SOCPB was amended and a number of amendments were accepted from the Scottish Executive relative to directive powers.  However, the SPF remains extremely concerned about politicql direction and the General Secretary has written to all members of the House of Lords as follows,

Dear...

THE SERIOUS AND ORGANISED CRIME AND POLICE BILL

 

I wrote to you earlier in January in relation to the above Bill outlining concerns we have about provisions which would have given the Home Secretary powers of direction over the Chief Constables of Scottish Police Forces. I did indicate at that time that the Scottish Executive had submitted amendments to this part of the Bill and I have since learned that these amendments were accepted at the House of Commons Committee Stage second sitting. I write again to ensure that I have not left you with outdated information.

 

The effect of these amendments are that in relation to Scotland, the directive powers proposed for the Home Secretary in the Bill have been replaced with similar powers for Scottish Ministers. In effect, this would permit Scottish Ministers to direct that an Agency rather than a police force deal with a serious or organised crime. I have attached a copy of the new section 26 which refers.

 

Our main concerns are:

 

• Political direction over the operational autonomy of Chief Constables described by Lord Denning as follows, "No Minister of the Crown can tell him that he must or must not keep observation on this place or that; or that he must or must not prosecute this man or that one. Nor can any Police Authority tell him so. The responsibility of law enforcement lies on him.”

 

• Serious and Organised Crime should be dealt with by politically impartial, locally accountable police organisations and police officers and not by a politically controlled and directed Agency employing Agents

 

• There is no evidence that the performance of the Scottish Drugs Enforcement Agency (responsible for serious and organised crime in Scotland ) or its linkages with other police organisations at home or abroad are in any way deficient such as would justify the proposed changes.

 

The Scottish Police Federation is satisfied that the present arrangements should continue where the Scottish Drugs Enforcement Agency is operationally accountable and responsible to the Standing Committee of Chief Constables (comprising all Chief Constables in Scotland) and accountable to Scottish Ministers for the financial resources allocated to it. This maintains the constitutionally sound separation of powers between the legislature, the Scottish Executive and operational policing.

 

Yours sincerely

 

 

 

General Secretary

 

Extract from the Serious Organised Crime and Police Bill

Part 1 – The Serious Organised Crime Agency

Chapter 1 – SOCA: establishment and activities

 

 

 

26 Directed arrangements: Scotland

 

(1) This section applies where it appears to the Scottish Ministers—

(a) that a body within subsection (2) has a special need for assistance from

SOCA or SOCA has a special need for assistance from a body within

that subsection,

(b) that it is expedient for such assistance to be provided by SOCA or (as

the case may be) the body, and

(c) that satisfactory arrangements cannot be made, or cannot be made in

time, under section 24.

 

(2) The bodies within this subsection are—

(a) any police force in Scotland , and

(b) the Scottish Drug Enforcement Agency.

 

(3) In a case where this section applies the Scottish Ministers may (as

appropriate)—

(a) direct the chief officer of the police force to provide such constables or

other assistance for the purpose of meeting the need in question as may

be specified in the direction;

(b) direct the Director of the Scottish Drug Enforcement Agency to provide

such constables or other persons, or other assistance, for the purpose of

meeting the need in question as may be so specified;

(c) with the agreement of the Secretary of State, direct the Director General

of SOCA to provide such members of the staff of SOCA or other

assistance for the purpose of meeting the need in question as may be so

specified.

 

(4) Subsections (6) to (10) of section 24 apply in relation to assistance provided

under this section—

(a) by SOCA to a police force in Scotland or to the Scottish Drug

Enforcement Agency, or

(b) to SOCA by a police force in Scotland or by the Scottish Drug

Enforcement Agency,

as they apply in relation to assistance so provided under that section.