English police to probe Scots force in row over snooping
POLICE Scotland is to be investigated by an English force after breaching strict guidelines by snooping on journalists’ sources.
Phil Gormley, the Scottish force’s chief constable, has asked Mike Barton, the head of Durham Constabulary, to launch the probe.
It will be the first time Police Scotland has been subject to investigation by an outside force.
Police spied on journalists’ sources following a botched murder inquiry, despite a warning from a senior officer that this may flout the rules because no judicial permission had been sought.
Last night Scottish Tory justice spokesman Douglas Ross said: ‘The chief constable has clearly taken the view that given the seriousness of this situation an external review is required.
‘Public confidence in the single force has been dwindling ever since it was established, so it is vital that we get to the bottom of this.’
In November, Sir Stanley Burton, the Interception of Communications Commissioner, said in a report that Police Scotland contravened the Acquisition and Disclosure of Communications Data Code of Practice on five occasions.
The five incidents are all linked to the investigation into the 2005 murder of prostitute Emma Caldwell.
The Interception of Communications Commissioner’s Office (IOCCO) conducted a review after fears were raised that officers had been ‘illegally spying on journalists’.
Sir Stanley said: ‘I am satisfied that four individuals were adversely affected by these contraventions and that the failures identified can properly be viewed as reckless.’
An Investigatory Powers Tribunal (IPT) involving the four people whose data was breached – serving and retired officers – took place in Edinburgh around ten days ago, in which the complainants were seeking redress.
A ruling stemming from the hearing has not yet been issued.
But Police Scotland revealed yesterday that it had asked the Durham force to carry out an independent investigation into ‘matters arising from a breach of communications data protocols’.
Police Scotland Deputy Chief Constable Iain Livingstone said: ‘Police Scotland has fully accepted that standards fell below those required in this case.
‘It would be inappropriate to comment further at this stage.’
The force’s Counter-Corruption Unit (CCU), which led the snooping exercises, has already been investigated by Derek Penman, HM Inspector of Constabulary in Scotland, in the wake of the breach. Work is ongoing to address the 39 recommendations he made.
The Police Investigations and Review Commissioner (PIRC) – the Scottish police watchdog – is not involved at this stage because the spying allegations are not criminal.
The disaster-prone single force is also the subject of two separate, ongoing investigations which could each result in unprecedented prosecutions of the service.
These concern the case of Lamara Bell, who was left dying for three days following a car crash on the M9 last year, and the death in custody of Sheku Bayoh.