The Sunday Post (Dundee)

Police Scotland urged to open up after £ 700,000 of payouts are tied to secrecy orders

National force urged to ban NDAS

- By Marion Scott mascott@sundaypost.com

The chair of a Scots police board has urged the national force to stop using legal agreements to silence departing staff.

Stephen Curran, chair of Midlothian Police and Fire and Rescue Board, spoke after obtaining f i g u re s revealing Police Scotland has paid out more than £ 700,000 in settlement­s tied to non- disclosure agreements ( NDAS) over the last five years.

The figures emerged after Rhona Malone, a firearms officer who won a landmark tribunal exposing victimisat­ion within the force, accused the force of tying payoffs to NDAS to silence female whistleblo­wers.

Curran said: “If there is behaviour going on within Police Scotland that is in any way similar to what we heard in the Malone case, then the public absolutely have a right to know and need to be reassured that something is being done about it. Behaviour like that cannot be tolerated. It is toxic, unacceptab­le and should never be covered up by the use of any gagging order.

“If Police Scotland robustly investigat­e such cases as they claim to, then they should have no problem with scrutiny and no need for NDAS.”

Malone, who refused to sign a NDA before leaving the force, called for a ban on the secrecy agreements, adding: “They should have no place in a public body like Police Scotland, which continues to use them as a way of silencing women.

“Without proper scrutiny, the bad behaviour within the force will continue, keeping talented women down and silenced without ever having to hold those responsibl­e to account.

“Nobody wilfully signs an NDA, unless there are exceptiona­l circumstan­ces, because they a re only used to suppress the truth. But I do know that many officers, particular­ly women, who have been forced to sign simply because they didn’t have finances to take their case to the next step.”

In its response to Curran’s Freedom of Informatio­n request, Police Scotland said it: “Would not countenanc­e the improper use of non- disclosure agreements to prevent employees from revealing wrongdoing such as discrimina­tory b e h a v i o u r, or cases involving bullying, or harassment. Whenever such cases are identified, Police Scotland takes action to investigat­e thoroughly and apply sanctions and/ or learning outcomes as necessary to avoid any repetition of such behaviour.”

Curran said: “No matter what Police Scotland’s assurances over their use of NDAS, there should be no place for them in any t a x p a y e r- f u n d e d b o d y, unless t h e re a re truly exceptiona­l personal circumstan­ces and even then, scrutiny is needed.

“This is a huge sum of public money, and after closely watching the truly shocking evidence which emerged as a result of Rhona Malone’s persistenc­e and bravery despite all she was subjected to, Police Scotland’s use of NDA’S cannot continue.”

The 23 settlement­s involve whistleblo­wing, sexual harassment, pregnancy issues, discrimina­tion over sexual orientatio­n, disability and age discrimina­tion as well as part- time working. Malone, from Midlothian, was a firearms officer for seven years but quit after an inspector ordered her not to be on duty with another woman.

Her victimisat­ion claims succeeded but a sex discrimina­tion claim was later dismissed. Malone received an apology from Police Scotland, but has not seen a penny despite winning her case last October.

She said: “I would still never advise anyone to sign an NDA because doing so prevents the truth coming out and denies you the opportunit­y to heal. They should be banned.”

Po l ice Scotland said: “Compensati­on is dealt with on a case- by- case basis and with a view to securing best value for the public purse. Confidenti­ality agreements are recommende­d by the independen­t the Advisory, Conciliati­on and Arbitratio­n Service. In line with ACAS’S guidance, we never use confidenti­ality agreements to prevent whistleblo­wing.”

 ?? ??

Newspapers in English

Newspapers from United Kingdom