Concerns over vetting as police conduct Bill reaches final hurdle

The Bill faces its final hurdles in the Scottish Parliament on Wednesday (January 15) with David Kennedy urging MSPs to ensure that vetting practices are “fair, transparent and consistent”.

As introduced, this Bill would require the police to have a code of ethics, make changes relating to the handling of police conduct, increase the functions of the Police Investigations and Review Commissioner and introduce an advisory board for the Commissioner.

Mr Kennedy says vetting must complement misconduct regulations and not serve as “an alternative dismissal tool”.

“Decisions should be based on credible evidence, and officers must be provided with full disclosure, support, and the ability to appeal decisions,” he said in his letter. “Differentiating standards for serving officers and addressing personal relationship concerns are also vital, as is the establishment of an independent appeals process.

“All of these changes are essential to uphold the principles of justice and fairness within Police Scotland and to protect the communities of Scotland.”

Mr Kennedy said the lack of an independent mechanism to appeal vetting decisions was also “a significant flaw in the current system”.

“Officers have no recourse to challenge decisions and provide necessary context to their position,” he said.

“Retroactive application of new vetting standards unfairly penalises those admitted under previous regulations. For instance, historically, police forces in scotland allowed candidates with minor criminal convictions to join the police. Officers admitted with minor convictions in the past now face potential dismissal due to updated standards.

“An independent appeals process must be established, and retroactive application of new standards should be prohibited to safeguard officers’ careers.”

However, he stressed that the Federation believes a proper vetting process is required that gives confidence in policing and the public confidence in the police officers of Scotland.

His Majesty’s Inspectorate of Constabulary in Scotland (HMICS) published a detailed report on vetting in 2023 that highlighted gaps in the system.

Its detailed analysis of Police Scotland’s vetting policies and practices showed “significant improvement” was needed in many areas to provide assurance to the communities of Scotland that the police officers and staff who work to keep communities safe were suitable for the role.

In a letter to the Criminal Justice Committee, HM Chief Inspector of Constabulary Craig Naylor also expressed concern that revisions being proposed at stage 3 of the Bill’s reading appear to have been made “without any supporting rationale or justification”.

Among amendments proposed to the Bill by Pauline McNeill MSP is to leave out a section which is the requirement to create a vetting code of practice, one that HMICS says is being “brought forward at pace” in England.

“To remove this clause will leave Scotland in a significantly weakened position and will fail to address the recommendation made in the response to the evidence gathered in our inspection,” said Mr Naylor.

Another amendment proposed by Ms McNeill was to remove the line “to make provision about vetting of constables and police staff”.

“A core element of the HMICS recommendation to improve vetting was to place vetting on a statutory footing and thus provide appropriate levels of protection to the public, the organisation and those who work in it,” said Mr Naylor.

“This amendment would effectively remove vetting from the Bill and will delay and significantly impact on the progress being made in ensuring that all officers and staff meet and sustain the standards required and that the public are served by a workforce that they can trust.

“HMICS are concerned that these proposals have been made at this stage without any supporting rationale or justification.”