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Police Scotland chief to be questioned by MSPs over ‘spying on journalists’

DCC Neil Richardson.
DCC Neil Richardson.

One of Scotland’s most senior police officers is to be questioned by MSPs after officers breached guidelines in a bid to find out details about journalists’ sources.

Members of the Scottish Parliament’s Justice Committee are to question Deputy Chief Constable Neil Richardson, as well as Justice Secretary Michael Matheson.

A representative from the Scottish Police Authority – the body which oversees Police Scotland – and the Interception Of Communications Commissioner’s Office (IOCCO) will also be asked to give evidence.

Committee convener Christine Grahame said they had “significant concerns” about what happened and “serious questions” to put to them.

It comes after Sir Stanley Burton, the Interception of Communications Commissioner, concluded Police Scotland had contravened the Acquisition and Disclosure of Communications Data Code of Practice on five occasions, all linked to one investigation.

IOCCO carried out the review after fears were raised that officers had been “illegally spying on journalists”.

The breaches are reported to be linked to the police investigation into the murder of prostitute Emma Caldwell, after newspapers claimed officers had failed to follow up information about a possible suspect.

Ms Grahame said: “The committee is clear that the IOCCO’s findings raise significant concerns and throw up serious questions.

“The committee has therefore agreed to call Deputy Chief Constable of Police Scotland Neil Richardson, the IOCCO, an SPA representative, and the Cabinet Secretary of Justice to give evidence at its meeting on December 15.”

When the IOCCO review was published last week the SPA asked HM Inspectorate of Constabulary in Scotland to carry out a review of the effectiveness and efficiency of Police Scotland’s counter corruption practices.

Mr Matheson told MSPs this would be an “independent thorough and in-depth review”.

It will be laid before the Parliament in the spring, with the Justice Secretary adding he expects to see any HMICS recommendations “implemented in full”.

Scottish Liberal Democrat leader Willie Rennie said: “What we are still missing from the case is a proper explanation of who did this and why they did it. We need a proper explanation to get the transparency members of the public are seeking, rather than reopening the investigation, they tried to find the source of the leak.

“I think we need a proper explanation as to why that was allowed to happen.”

Conservative justice spokeswoman Margaret Mitchell said the SPA “have yet again been caught on the back foot and reduced to admonishing Police Scotland after the fact”.

First Minister Nicola Sturgeon said: “In terms of the investigation that IOCCO has been undertaking, it came to our attention that that was the case over the summer.

“We contacted Police Scotland at that time to make sure that they would be co-operating fully with the IOCCO investigation, and also to make sure that they were doing work to ensure that breaches of that nature wouldn’t happen in future.

“IOCCO itself made clear that it didn’t think it was appropriate for the force or forces that it was investigating at the time to be named, because of the potential impact that could have on investigations.

“We now have the determinations and the judgement, if I can use that word, of IOCCO and I think the findings there are serious and, as Michael Matheson said last week and I will say again today, breaches of this nature are unacceptable.

“But as the IOCCO decision also narrated, police have been putting in place new procedures to make sure that breaches of this nature won’t happen in future and I think that is the right thing for them to have done.

“In terms of counter-corruption practices, of course the SPA has commissioned HMICS to undertake a review of counter-corruption practices generally to make sure that the changes in procedure that have taken place are robust and fit for purpose.”