The Herald on Sunday

Top QC accuses police watchdog of ‘disturbing’

- BY PAUL HUTCHEON

ONE of the country’s top human rights lawyers has criticised the Scottish Police Authority for a lack of transparen­cy and its “disturbing” handling of a board member’s resignatio­n. John Scott QC, who advises the Government on policing, said there is a “siege mentality” at the watchdog caused by a fear of “adverse publicity” and leaks.

The SPA was set up as the oversight body of Police Scotland, but its own performanc­e has been under fire. The flashpoint has been the new “governance framework” that was approved by the SPA following a review by chair Andrew Flanagan.

Among the most controvers­ial proposals were holding committees in private and only making board papers publicly available on the day of the meeting.

At the December session of the SPA, board member Moi Ali criticised both recommenda­tions. Flanagan then sent her a private letter criticisin­g her public objections and suggested she no longer attend committees. She resigned within weeks.

Flanagan also withheld a highly critical letter by HM Chief Inspector of Constabula­ry Derek Penman on the secrecy proposals from his own board. Scott, who chairs the independen­t advisory group on stop and search that led to sweeping changes of the practice, has now entered the debate.

Speaking at the Scottish Police Federation conference last week, he said of the SPA row: “Since my involvemen­t with the stop-and-search review, I have taken a deliberate approach of declining opportunit­ies to comment on many policing matters. This, however, was too important to walk past.”

On the Penman interventi­on, he said: “For the SPA to seek to finalise a governance framework without sufficient time for input from HMICS seems rash.

“Holding important committee meetings in private seems, as Derek said, ‘at odds with the key principle of transparen­cy’.”

On the Ali controvers­y, he said: “The official SPA reaction to Moi’s resignatio­n, with talk of dissent and collective responsibi­lity, was disturbing.”

The QC also said: “Whatever advice the SPA has been given, I and others have the impression of a siege mentality, bred no

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