Petition PE1763 Freedom of Information Legislation (Scottish Police Federation) – submitted by whistleblower & ex-Police Officer Robert Brown – sought to bring the Scottish Police Federation into line with its counterpart - the Police Federation of England & Wales – which has been covered by Freedom of Information legislation since 2017
Legislation in England & Wales states: Freedom of Information Act etc: Police Federation for England and Wales: The Police Federation for England and Wales is to be treated for the purposes of— (a)10the Freedom of Information Act 2000,(b)the Data Protection Act 1998, and (c)section 18 of the Inquiries Act 2005, as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).
The Police Federation of England & Wales FOI website section states the following: “The Police Federation of England and Wales (PFEW) is funded in part by police officers who pay subscriptions from their wages. We are not funded by the public, and we are the only staff association to be subject to Freedom of Information (FoI), which came into effect for the PFEW in April 2017. The Freedom of Information Act (2000) provides public access to relevant information held by public authorities. Should you wish to submit an FoI request, please contact us.”
Given the Police Federation of England & Wales obvious compliance with Freedom of Information legislation, Police Officers in Scotland and others with an interest in policing – an intense area of public interest – would benefit considerably to access to information - from the same level of transparency applied to the Scottish Police Federation - via compliance with the Freedom of Information (Scotland) Act 2002.
Commenting on the petition submitted by ex Police Officer Robert Brown to the Scottish Parliament’s Public Petitions Committee - Brian Whittle MSP said “The petition has real merit, especially given that England and Wales have already gone down the same route”
Howeverm a short debate then took place – with the Convener Johann Lamont & Deputy Convener Gail Ross of the Public Petitions Committee backing away from taking the matter further.
The petition to bring equality of transparency for the Scottish Police Federation was then abruptly closed – after Committee members were told the Scottish Government will not bring Freedom of Information accountability to the Scottish Police Federation.
Last year - the powerful and secretive Scottish Police Federation – which acts as a lobbying force for police officers in Scotland and has the power to decide or deny help to Police Officers – saw it’s General Secretary - Police Constable Calum A Steele - found guilty by PoliceScotland in relation to a complaint of online social media abuse against a former senior Police Officer - 'Inappropriate and offensive' Police union boss guilty of abusing female former chief in Twitter tirade.
The issue arose from comments made by Calumn Steele in response to criticisms about the appointment of a Chief Constable – Iain Livingstone – who had previously been accused of five allegations of serious sexual assault against a female Police Officer – reported in further detail here: TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone
An earlier probe by Diary of Justice also revealed the Scottish Police Federation received millions of pounds of public cash over the years from the SNP Scottish Government - a full report can be viewed here: PROBE THE FED: Calls for Holyrood to probe secretive Scottish Police Federation as files reveal SPF General Secretary asked Scottish Government to withdraw £374K public cash grant funding - after social media transparency calls from cops
And, days after the Scottish Information Commissioner made an online statement via Twitter that it would recommend the Scottish Police Federation for Freedom of Information compliance – SPF General Secretary Calum Steele asked the Scottish Government to end the £374,000 public cash grant paid each year by Scottish Ministers to the Scottish Police Federation.
A full report on how Daren Fitzhenry – the Scottish Information Commissioner - backed away from promises to recommend FOI compliance for Scottish Police Federation, and evidence submitted by DOJ journalists to the Public Audit and Post Legislative Scrutiny Committee of the Scottish Parliament, is covered in further detail here: FOI PROBE: Holyrood Committee hear Scottish Information Commissioner backed off promise to bring Freedom of Information to Scottish Police Federation - even after Info. Tsar knew England & Wales Police Fed. already complied with FOI legislation
As thngs stand at the date of publication - the Scottish Police Federation remain exempt from Freedom of Information legislation – despite the same transparency laws applying to the Police Federation of England & Wales.
Video footage and a transcript report of the Petitions Committee debate on bringing Freedom of Information compliance to the Scottish Police Federation follows:
Scottish Police Federation Freedom of Information petition - Public Petitions Committee 5 Dec 2019
Freedom of Information Legislation (Scottish Police Federation) (PE1763)
The Convener (Johann Lamont, Scottish Labour): The next new petition is PE1763, headed “Make the Scottish Police Federation comply with FOI legislation” and lodged by Robert Brown. The petition calls on the Scottish Parliament to urge the Scottish Government to make the Scottish Police Federation comply with the Freedom of Information (Scotland) Act 2002.
Our briefing explains that freedom of information requirements apply broadly to public authorities such as Governments, councils and health boards. Police Scotland is subject to the requirements of the 2002 act, but the Scottish Police Federation is not. As police officers are prohibited from joining trade unions, the Scottish Police Federation was created as a staff association with responsibility for the welfare and efficiency of police officers. Trade unions are not covered by freedom of information legislation.
It could be argued that the Scottish Police Federation is akin to a trade union and, therefore, should not be covered by freedom of information requirements. However, the Scottish Police Federation was established by legislation; therefore, it could be argued that it has some similarities with public bodies. The Police Federation of England and Wales is required to comply with freedom of information legislation as a result of changes to the law that were made in 2017. The Scottish Government stated in July 2019 that it had no plans to make the Scottish Police Federation subject to freedom of information legislation.
Elaine Smith, who has noted her support for the petition, says:“I have realised that the Scottish Police Federation appear to be totally self-governing and do not conform to the standards set for England and Wales Federations”.
Do members have any comments or suggestions for action?
Brian Whittle (Scottish Conservative & Unionist):The petition has real merit, especially given that England and Wales have already gone down the same route. However, the Scottish Government has indicated that it has no intention of changing its position. Frustrating as it may be to both the petitioner and the committee with regard to investigating the issue, I do not know that there is anything in particular that we can do to push the matter forward, given that we know where the Scottish Government stands.
The Convener: I do not think that trade unions should fall within the remit of, or be caught by, freedom of information legislation. The police are not allowed to have a trade union, and the only way that they can have a staff association is through legislation. Would it be fair if what is, in effect, a trade union for the police fell under different legislation from that which applies to other trade unions?
The SPF is a unique organisation. However, given that I perceive the organisation as a trade union, I do not see why—unless I am arguing that all trade unions should be in the same position—it should be singled out. The police do not have any choice—they are not allowed, under different legislation, to set up a trade union.
Brian Whittle: The whole matter is really interesting following incidents down south, such as the plebgate scenario, that have brought the police there under the auspices of FOI legislation. Again, I go back to the fact that the Scottish Government has been quite firm in saying that it has no intention of moving down that route. I am, therefore, not quite sure what we can do with the petition.
Maurice Corry (Scottish Conservative & Unionist): It is a difficult one. The release of any information under FOI is entirely in the jurisdiction of the body that is being requested to release it, and there may be valid reasons why it cannot be released. There is some sort of parity. Perhaps we should go back and question the Scottish Government, just to double-check that it is still of the same view.
The Convener: The matter was not in the programme for government.
The Government said what it said in July 2019, so we know what the answer is going to be. We would only be deferring our decision on whether we want to explore the matter further. My feeling is that the case has not been made for why the SPF, as a quasi-trade union, should fall within the remit of FOI legislation, unless we are arguing that all trade unions should be subject to FOI—I would argue that they should not be. Why would we be inconsistent? There are particular circumstances that have led to the current position in England and Wales, but my sense is that there is not an issue in Scotland.
Gail Ross (Deputy Convener) (Scottish National Party): I agree. The Government has made it quite clear what its policy is, and that is not going to change. I agree with Brian Whittle—as a committee, we cannot really take the petition forward.
Maurice Corry: I have not said that I disagree with that; I just wanted to play the devil’s advocate, because the petition raises an issue that needs to be given serious thought. I understand the reasons why the SPF was set up.
The Convener: The petition highlights the difference between the circumstances in England and Wales and those in Scotland, and it gives us an opportunity to reflect on the situation. However, my sense is that there is no pressure for such a change in Scotland. It would require broader discussion about how a staff association inside the police should operate if it is not to operate like a trade union, and I do not think the case has been made for such a change.
My sense is that the committee agrees that we should close the petition under rule 15.7 of the standing orders, on the basis that the Scottish Government has confirmed very recently that it has no plans to make the Scottish Police Federation subject to freedom of information legislation.
Do members agree? Members indicated agreement.
Petition documents submitted by the petitioner, ex Police Officer Robert Brown – stated:
Elaine Smith MSP has made many representations on my behalf including writing to the various First Ministers, Justice Ministers, Lord Advocates, Police Complaints Commission, Strathclyde Police Authority, Police Investigation Review Commission, Strathclyde Police Federation and the Scottish Police Federation. Mrs Smith also lodged a number of parliamentary questions on my behalf including seeking clarification on the issue in July 2019 from the Cabinet Secretary for Justice and from the Scottish Parliament Information centre.
The Scottish Police Federation (SPF) is currently not required to comply with The Freedom of Information (Scotland) Act 2002, whereas the Police Federation of England and Wales is required to comply with the Freedom of Information Act 2000.
All UK police forces, except Police Scotland are also required to comply with the Act. In my opinion, the foregoing is an anomaly, given the situation in England and Wales and I would suggest that making the SPF compliant with The Freedom of Information (Scotland) Act 2002 would assist every member of the SPF, every one of the 17,000 police officers in Scotland as well as members of the public who come into contact with the police and who are interested in openness and transparency.
The SPF hold large amounts of information about police officers including financial and medical information, as well as details about criminal and misconduct allegations made against officers. As a result of their position in representing police officers who are subject to investigation, the SPF receive and retain information about members of the public
Neither SPF members, police officers, nor members of the public are able to access this information. The SPF also hold large amounts of information about police officers’
pay, pensions, welfare and how SPF subscriptions are spent and used among other matters which can be accessed by other Federation members, police officers and members of the public, elsewhere in the UK, but not in Scotland.
The current anomaly in my opinion is a bar to any SPF member, police officer, member of the public or other interested party to gain access to information which is readily available to interested parties in other parts of the UK. If Scotland prides itself on openness and transparency then a body which represents many people and holds information on many more should not be allowed to be excluded from this legislation when equivalent bodies in other parts of the UK are not excluded from the equivalent legislation, i.e. The Freedom of Information Act 2000. The Freedom of Information Act 2000 is specific to England and Wales and is therefore not applicable in Scotland. In my opinion, common sense dictates that the same standard should apply across the UK and accordingly this petition is calling for the SPF to be required to comply with the equivalent legislation in Scotland.
A question from Elaine Smith MSP on Freedom of Information compliance for the Scottish Police Federation – was answered by Humza Yousaf - the current Justrice Secretary – on 17 July 2019.
Elaine Smith (Central Scotland) (Scottish Labour): To ask the Scottish Government what its position is on making the Scottish Police Federation compliant with data protection and freedom of information legislation, in line with the Police Federation of England and Wales.
(S5W-24011)
Humza Yousaf: The Freedom of Information (FoI) acts provide for access to information held by public authorities and Trade Unions and Staff Associations are not generally covered by these acts.
The decision to add the Police Federation of England and Wales to FoI legislation was made by the Home Office and there are currently no plans to add the Scottish Police Federation to the Scottish FoI legislation.
Data Protection legislation does apply to the Scottish Police Federation and a link is attached below to their Privacy Statement, which explains how they processes personal data:
A briefing from the Scottish Parliament Information Centre (SPICe) - prepared for the Public Petitions Committee consideration of Petition 1763 - stated:
Background: Freedom of information
Freedom of information legislation allows individuals to request information held by public authorities. Freedom of information is devolved to the Scottish Parliament, so the legislative framework is slightly different between Scotland and England and Wales.
Broadly, freedom of information requirements apply to public authorities, such as governments, councils and health boards. They don’t generally apply to private bodies, although some private bodies carrying out public functions are covered (in relation to their public functions, rather than their wider work).
Police Scotland is subject to the requirements of the Freedom of Information (Scotland) Act 2002.
The Scottish Police Federation is not. The Scottish Police Federation Police officers are prohibited from joining trade unions.
The Scottish Police Federation was created by the Police Act 1 919 as a staff association with responsibility for the welfare and efficiency of police officers.
Trade unions are not covered by freedom of information legislation. They are seen as private bodies representing the interests of members. It could be argued that the Scottish Police Federation is akin to a trade union and therefore should not be covered by freedom of information requirements.
However, the Scottish Police Federation was established by legislation and could be argued to have some similarities with public bodies.
The Police Federation in England and Wales
The Police Federation in England and Wales is required to comply with freedom of information legislation, as a result of changes to the law in 20171.
The then Home Secretary Theresa May argued that this change was necessary to improve transparency and accountability2.
It formed part of a wider reform initiative covering the Police Federation, which had been hit by several scandals. These included the so-called “plebgate” incident, involving allegations that the then UK Government Chief Whip, Andrew Mitchell MP, had called police officers “plebs”.
Data protection legislation
Separately, data protection legislation controls how personal data (covering any information from which a living individual can be identified) can be used.
Individuals have rights to access information that organisations (including private bodies) hold about them personally under data protection legislation. Data protection is reserved to the UK Parliament (and is, at present, mainly controlled at a European Union level).
Freedom of information legislation cannot be used to require the release of information which would identify a living individual, unless this would also be possible under data protection legislation.
This would include information which would identify a police officer (including a police officer who was subject to a complaint) or a member of the public.
Data protection legislation will usually mean that the consent of the person affected would be required before their data can be released.
However, it is possible to release personal data to a third party without consent where it is “reasonable” to do so.
Consideration must be given to the circumstances of the case, including the type of information which would be disclosed. It is also possible for organisations to redact (block out) information which could lead to the identification of a living individual when responding to freedom of information requests.
Scottish Government Action
The Scottish Government has stated, in response to a parliamentary question from July 20193, that it has no plans to make the Scottish Police Federation subject to freedom of information legislation.
Scotland keeps it secrets, meahwhile England & Wales Police Federation is covered by Freedom of Information law:
Access to information Freedom of Information
The Police Federation of England and Wales (PFEW) is funded in part by police officers who pay subscriptions from their wages. We are not funded by the public, and we are the only staff association to be subject to Freedom of Information (FoI), which came into effect for the PFEW in April 2017. Much of the information you may ask for may already be on this website, so please take the time to search for what you need first.
How to ask for information: The Freedom of Information Act (2000) provides public access to relevant information held by public authorities. Should you wish to submit an FoI request, please contact us at foi@polfed.org
The General Data Protection Regulations and the UK Data Protection Act (2018) Subject Access provides a right for the requester to see their own personal data, rather than a right to see copies of documents that contain their personal data. If you wish to submit a SAR, please contact us at dataprotection@polfed.org.
For either of the above, we will have a better chance of finding the information you want if you are as specific as you are able to be and provide us as much detail as possible.
How long will it take to receive the information I want?: This will depend upon nature of the information you have asked for. If you have requested personal information about yourself then we should respond to your request within 1 calendar month from the point at which your request and identity has been verified.
For other requests you have a right to receive the information, or receive a valid refusal, within 20 working days, unless we need clarification.
Do you have an issue or case with the Scottish Police Federation (SPF) or any other information relevant to the SPF you wish to discuss? If so, please contact Diary of Justice with further details via scottishlawreporters@gmail.com.
13 comments:
Brian Whittle understands how important this is however he must have taken a look round the frowning faces of his colleagues on the Petitions committee and decided this was a no show
Brian Whittle The petition has real merit, especially given that England and Wales have already gone down the same route. However, the Scottish Government has indicated that it has no intention of changing its position. Frustrating as it may be to both the petitioner and the committee with regard to investigating the issue, I do not know that there is anything in particular that we can do to push the matter forward, given that we know where the Scottish Government stands.
As for Johann Lamont no wonder no one votes for Scottish Labour her comments are pure mince and why shouldn't trade unions fall within freedom of information oh yes I forgot because they donate to the Labour party that is why and we cant have the likes of Unite membersor anyone else requesting foi on the £400,000 for McCluskey's flat while his buddies in Labour stayed silent https://www.theguardian.com/politics/2016/sep/08/unite-union-gave-len-mccluskey-400000-loan-to-buy-london-flat
Johann Lamont I do not think that trade unions should fall within the remit of, or be caught by, freedom of information legislation. The police are not allowed to have a trade union, and the only way that they can have a staff association is through legislation. Would it be fair if what is, in effect, a trade union for the police fell under different legislation from that which applies to other trade unions?
The SPF is a unique organisation. However, given that I perceive the organisation as a trade union, I do not see why—unless I am arguing that all trade unions should be in the same position—it should be singled out. The police do not have any choice—they are not allowed, under different legislation, to set up a trade union.
Politicians doing the Scottish Police Federation's dirty work to keep out of Freedom of Information
SPF Vice Chair David Hamilton is on twitter campaigning against Freedom of Information and demanding people print costs of the foi requests - perhaps out of fear due to suggestions FOI should be applied to his union of cops
Some very dirty tricks going on in this committee meeting I agree entirely with the first comment and Lamont is well out of step with the rest of society on how to be open
The same Gail Ross along with Nicola Sturgeon and Michael Russell in cash for votes
https://www.telegraph.co.uk/news/2017/05/04/nicola-sturgeon-urged-break-silence-snp-cash-votes-allegations/
Nicola Sturgeon urged to break silence over SNP 'cash for votes' allegations
Simon Johnson, Scottish Political Editor 4 May 2017
Nicola Sturgeon has been urged to break her silence over accusations her government used public money to try and win votes as more allegations emerged.
The Scottish Conservatives said there was a “cash for votes” scandal swirling round the First Minister following a series of Scottish Government funding announcements that have coincided with campaigning for the local government and general elections.
They said the sums were awarded in “apparent contravention” of civil service guidance warning that “particular care” must be taken over such announcements in the three weeks before polling day.
Ross Thomson, a Tory MSP, wrote on Wednesday to Ms Sturgeon’s most senior mandarin demanding an investigation into a possible breach of purdah rules but the First Minister is yet to say anything about the accusations.
Among the latest examples to emerge was almost £1 million for crofters in Scotland’s most rural communities handed over on April 25. This was welcomed by Gail Ross, the SNP MSP for Caithness, as a “fantastic resource for crofters”.
The following day a further £1 million of EU money was passed onto industry group Seafood Scotland. Mike Russell, the SNP’s Brexit Minister, said it was an example of “why EU funding is so important.”
However, it emerged amid a controversy over two SNP MPs whose seats are being targeted by the Tories in the general election signing a pledge welcoming the opportunities that Brexit provides the fishing industry and promising to oppose re-entering the Common Fisheries Policy.
The following day, only eight days before the council elections, Keith Brown, the Economy Minister, published a “progress report” on the Scottish Government’s infrastructure blueprint that included £1.3 billion of spending for North East.
The row initially erupted after Kevin Stewart, the Housing Minister, announced more than £8 million for Glasgow on Tuesday to provide “high-quality office space and hundreds of jobs in the city centre.”
Ms Sturgeon made winning control of Glasgow City Council a priority for the Nationalists in Thursday's local authority elections and they are expected to oust Labour when the results are announced on Friday afternoon.
Are any of these people even aware they are elected politicians?
What an absolute waste of space your so-called Scottish Parliament is and no wonder you jocks are all stuck in the dark ages
I signed this petition when you posted the link on Twitter last year.
You can smell the whiff of lobbying PolFed cops throughout this wee 'debate' if you can even call it that.
Obviously Lamont and friends were opposed to the petition from the outset and didn't even call Robert Brown to give evidence or even call for views from involved parties.
Good work Peter I and my colleagues like the way you load the article with full explanations and links to video and documentation.
Unions and Labour politicians are some of the most frequent users of Freedom of Information and then they run to a media outlet screaming their heads off on whichever subject.
So with this in mind why should unions be exempted from the same Freedom of Information regulations the same Unions and Labour politicians use on a daily basis for whatever purpose?
Another thing you may want to look at is the number of false name Freedom of Information requests from Unions and the likes of the Police Federation who regularly use alternating or freshly created identities to submit Freedom of Information requests even taking some all the way to the ICO or Scottish Information Commissioner who end up deciding on their complaints - there are a few on the Scottish Information Commissioner's website where false identities are obvious - you will easily be able to spot them as the subject is often a clash of "vested interests".
This is outrageous.
Police Scotland is a shambles, as anyone who has followed DOI's reports or watched the Scottish Parliament videos of interviews with Police Scotland's board members will see.
Still, given that judges and lawyers have always been above the law - not to mention those administering the Law Society of Scotland - it comes as no surprise that the SNP should allow to police to follow suit.
There is obviously a deal with the Sturgeon mob and the SPF otherwise this would have been done awhile ago btw that committee debate stinks
The only reason SPF are being treated with kid gloves is the SNP and Sturgeon need them onside for helping out with dirty tricks when needed
Why didnt msps ask for Robert Brown to show up and ask him questions about his petition?
Answers obviously decided before they even heard it.PATHETIC!
The Scottish Police Federation are probably concerned about foi in examples where they they help bent coppers who plant evidence at crime scenes walk away from disciplinary hearings a big issue with weapon planting cops in Scotland
To Police Officers in Scotland Foi is a big help in England
Fed abandoned assist for my tribunal day after Fed reps secretly met with snr officer at centre of my case
Was alerted to meeting sent in Foi request said I would give it to paper days before foi due I was offered settlement and retirement on ill health
Happy to be out policing not fit for purpose when cops prey on each other
Thanks for your comments on this article.
Some comments have not been published, altho will be answered in due course via requested means.
Always willing to hear out Police Officers who have issues or problems with the Scottish Police Federation or the England & Wales Police Federation - confidentiality guaranteed and identities will be protected no matter what.
It is ultimately for individual Police Officers [caught up in circumstances where Police Federation representatives have failed to assist them or are showing bias towards senior officers] - to decide if media attention is advantageous to their case.
However, the lack scrutiny or media attention is what keeps tribunals and senior cops in their jobs while good cops go to waste - for the sole reason they recognised right from wrong, or raised a legitimate grievance over failings in their Police force.
Policing - as the first responder of the justice system - is of public interest - as is the treatment of Police Officers by their own union when things go wrong.
There are journalists here to help, and I can promise those officers with legitimate cases who contact the blog seeking assistance - a louder voice, and public interest reporting of their case to ensure everyone is aware of those in policing who legitimately need assistance.
If anyone prefers to contact the blog or journalist colleagues via other means, or by contacting officers who have cases already highlighted in the media, please do so.
Lastly, given the issue of a number of fake social media accounts used by officers/vested legal interests connected to the relevant Police 'staff' associations - with,it appears, an aim to smoke out officers with legitimate grievances - serving or former Police Officers with issues against their respective Police Federations would be advised to think carefully about social media or sudden contact identities who suddenly show up online professing to be interested in their case and so on.
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