The Scottish Government’s Police (Ethics, Conduct and Scrutiny) Bill is likely to pass in Holyrood on Wednesday.
The Bill, created in response to a review by former Lord Advocate Dame Elish Angiolini, will place a duty of candour on officers and the force in relation to complaints, while also allowing disciplinary hearings to be heard in public.
But it also puts tighter vetting rules in place, with a mechanism introduced to remove officers of staff who can’t maintain their vetting status.
The re-vetting procedure will add a solid level of trust in Scotland’s police officers, the Justice Secretary has said.
“We need to have trust that those who serve in the police continue to fulfil the very high standards of behaviour and conduct that we expect right through their careers,” she wrote exclusively for The Herald.
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“It is therefore essential that there are robust, clear and transparent mechanisms in place to investigate complaints or other issues of concern about the police.”
His Majesty’s Chief Inspector of Constabulary ) in Scotland (HMICS) Craig Naylor called for all police personnel to be re-vetted “at least every decade”.
Ms Constance said the Ethics Bill will introduce this, stressing the “handling and investigations of complaints about policing, is fair, transparent, accountable and proportionate”.
Justice Secretary Angela Constance She wrote: “Reliable vetting procedures are vital in ensuring that the right people are recruited in the first place and that they then continue to be the right people to be trusted with the exercise of police power throughout their careers.
“The public need – they deserve – a vetting system they can have full confidence in. And so do police officers.”
She acknowledged the “good practice” already in Police Scotland’s vetting system, but said the HMICS review showed progress was required.
The Ethics Bill also gives Chief Constable Jo Farrell powers to remove officers who fail to maintain their vetting clearance.
“The Bill will do exactly that,” the Justice Secretary said.
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“All police officers and staff will have to go through a structured regime of on-going vetting that will continue throughout their professional life,” she said.
“Currently, only officers and staff in specific roles undertake systemic re-vetting. There will also be clear safeguards to ensure the rights of workers, police officers and civilian staff are properly protected in the implementation of these provisions.”
It also follows Lady Angiolini’s report into the murder of Sarah Everard by serving Met police officer Wayne Couzens.
Lady Angiolini expressed concerns about the lack of periodic re-vetting in England and Wales.
Ms Constance said she wanted to ensure there was a “consistent approach” on vetting across the UK.
The case of Wayne Couzens, a former Met police officer who was convicted of a whole-life term for the murder of Sarah Everard, led to nationwide checks of all police officers in the UK.
The HMICS review in Scotland found there was no easily identifiable requirement for officers to notify any off-duty criminal convictions, offence or charge.
It also found there was no withdrawal or suspension of recruitment vetting.
Mr Naylor, the chief inspector of HMICS, said: “I do not believe that any officers or staff should be able to go through the entirety of their service having only been vetted at the time of their recruitment.”