UNFIT FOR INTERPOL: UK Government want to “plant their choice at the head of INTERPOL” – The not-so-secret campaign to place Scots or British top cop candidates at the head of Global Law Enforcement group in Tories “post-Brexit INTERPOL strategy”

UK Tory Govt want their choice for INTERPOL boss AN ONGOING media investigation into why Police Scotland stalled the release of the registers of interests of current & recently retired senior Police Officers - has heard claims the force was told to refuse or delay the release of information - to assist the Conservative UK Government’s ‘post-Brexit INTERPOL strategy’ efforts “to plant their choice at the head of INTERPOL” - the Global policing organisation .

Journalists began investigating claims the Tories wanted to place a Scottish Policing figure at the heart of INTERPOL last year, after material was handed to the media on the extent of lobbying by the Scottish & UK Governments to bring the INTERPOL 2024 conference to Glasgow, in November 2024 – with the Tory UK Government able to announce their choice of Boss to influence and lead the Global Law Enforcement organisation.

Material released under Freedom of Information legislation by the Scottish Government confirmed some aspects of information already handed to journalists – claims which were backed up in the content of Freedom of Information disclosures and content in a letter written by Emma Gibbons, Head of International Law Enforcement Cooperation Unit at the UK Home Office.

Emma Gibbons wrote: “I am writing to you as the Senior Responsible Officer (SRO) for delivery of the UK-hosted INTERPOL General Assembly (GA) 2024, which will take place in Glasgow in the first week of November next year. As SRO, I lead the Home Office delivery team and hold overall responsibility for the event, including the use of the budget. I am supported by the Home Office INTERPOL team as the central co-ordinating delivery team, who oversee the governance detailed below and manage the day to day preparations for this event, working hand in glove with the NCA NCB.”

Ms Gibbons continued: “This is a genuinely exciting event, marking the culmination of the Government’s 5 year, post Brexit INTERPOL strategy. It will see the election of a new leadership team to the organisation in addition, we hope, to the election of a UK national as the new Secretary General.”

“Hosting the event gives the UK a headline role in a major international law enforcement diplomatic event and secures the UK’s place as a world-leader in law enforcement. This is key to the UK’s intention to remain at the forefront of global law enforcement cooperation. With this in mind, event delivery will require collaboration across all units, departments, and organisations, which is why your contribution is crucial for the event’s overall success”

The Freedom of Information disclosures from the Scottish Government can be viewed or downloaded at these links:

(1: FOI - INTERPOL GA - 202300384398 - FINAL RELEASE (2): FOI - INTERPOL GA - 202300384398 - Email Attachments (3): Scottish Government FOI Response-202300384398

Earlier this week, journalists heard allegations from a whistle-blower who provided credible evidence the beleaguered Scottish Police Service had been told to stall any related data disclosures on senior Police Officers - while the UK Government sought to select a candidate for the INTERPOL Secretary General election later this year.

The claims – by a Policing insider – point to fears within UK policing circles that several current & former senior officers from Police Scotland may be seen internationally as too controversial because of their past records in Policing

A reading of the histories of several but not all of the Scottish Policing candidates currently being considered, or in some cases supported by the Conservative UK Government, reveal some of the following information:

One candidate was directly involved in an illegal spying operation to plant electronic surveillance tools on journalists and others digital devices, and was considered to have been part of a move by corruption unit officers to destroy records of investigations including fake passports, false identities and alleged serious criminality.

A second candidate was alleged to have given false evidence to an independent investigation on operational Policing issues, submitted false evidence to a Scottish Parliament Committee and in relation to their job received secret cash payments for employment related issues to help the officer avoid paying tax.

A third candidate was previously accused of multiple allegations of serious sexual assault.

Additional information provided in relation to Scottish Policing candidates also revealed a history of drunken misconduct, complaints from fellow officers of threatening behaviour, several accusations of assault, and a newly discovered file of complaints and poor professional conduct while in an earlier career.

Speaking to journalists earlier this week, the whistle-blower alleged Police Scotland had been told to stall the release of information in relation to Freedom of Information requests for the Registers of Interests of current and recently retired senior Police Officers.

Journalists also heard how figures from the Scottish and UK Government had become involved in the apparent secrecy around what transpires to be already released material from several years back.

A memo shown to a journalist by the whistle-blower reads to the effect that all effort should be made to delay, or refuse release of the information relating to current and former senior officers at Police Scotland and to refuse to give any response to media enquiries.

The material contained in the Registers of Interest for Senior Police Officers - which Police Scotland have been stalling to release an updated version for several months - was published in an earlier release form by this blog in an earlier article here: POLICE DECLARED: Cops Interests Register reveals controversial Chief Constable retains Law Society of Scotland membership, holds seat on ‘Sentencing Council’ quango – yet details fail to give clear picture of highly paid top cops links, interests

The information contained in the earlier version of the Police Scotland Register of Interests follows:

CC Iain Livingstone:

Public Appointments: Member - Independent Steering Group (Op Kenova), Reviewed Annually - No remuneration.

Member - Scottish Sentencing Council, Reviewed Annually - No remuneration.

No Financial and Business interests No Political activity No related party transactions No conflict of interest

DCC Fiona Taylor:

No Public Appointments

Financial and Business interests - Owns a flat which is let No Political activity No related party transactions No conflict of interest

ACC Bernard Higgins:

Public Appointments: Trustee - Police Care UK (formerly known as Police Dependents Trust), May 2013 - Present - No remuneration.

Board Member - Euro 2020 Local Organising Committee, 2017 - Present - No remuneration

No Financial and Business interests No Political activity No related party transactions No conflict of interest

ACC Angela McLaren:

Public Appointments: Trustee - The Police Treatment Centres, for a period of 3 years - No remuneration. - Companies House shows Appointed on: 01st December 2018.

Trustee - St George's Police Children Trust, for a period of 3 years - No remuneration. - Companies House shows appointed on 1st December 2018.

No Financial and Business interests No Political activity No related party transactions No conflict of interest

ACC Paul Anderson:

Public Appointments: Chair Racing Committee, Scottish Canoe Association, 2019-2020 - No remuneration.

No Financial and Business interests No Political activity No related party transactions No conflict of interests

Other Executive Officers

DCC Johnny Gwynne (retired 15/03/2019 but in post at the date of your request); DCC Will Kerr; ACC Mark Williams; ACC John Hawkins; ACC Gillian MacDonald; ACC Alan Speirs; ACC Malcolm Graham; ACC Steve Johnson;

No Public Appointments No Financial and Business interests No Political activity No related party transactions No conflict of interest

The above details were released to journalists in 2019.

However, in a short Freedom of Information response dated 21 December 2023 to a FOI request late last year by journalists - Police Scotland refused to provide any substantive information on Senior Officers interests and instead only released the following sentence:

“In response, I can advise that 2 members of Force Executive have registered interest for Property Letting and Shop or other like business between the dates of your request.”

An FOI review request regarding the limited disclosure, and failure to provide any real information on senior Police Officers interests was submitted in December 2023 - to which no response has yet been received even with the Scottish Information Commissioner’s office being notified of delays.

The full text of the Home Office letter on the INTERPOL Glasgow Conference can be viewed below:

I am writing to you as the Senior Responsible Officer (SRO) for delivery of the UK-hosted INTERPOL General Assembly (GA) 2024, which will take place in Glasgow in the first week of November next year. As SRO, I lead the Home Office delivery team and hold overall responsibility for the event, including the use of the budget. I am supported by the Home Office INTERPOL team as the central co-ordinating delivery team, who oversee the governance detailed below and manage the day to day preparations for this event, working hand in glove with the NCA NCB.

This is a genuinely exciting event, marking the culmination of the Government's 5 year, post Brexit INTERPOL strategy. It will see the election of a new leadership team to the organisation in addition, we hope, to the election of a UK national as the new Secretary General. Hosting the event gives the UK a headline role in a major international law enforcement diplomatic event and secures the UK's place as a world-leader in law enforcement. This is key to the UK's intention to remain at the forefront of global law enforcement cooperation. With this in mind, event delivery will require collaboration across all units, departments, and organisations, which is why your contribution is crucial for the event's overall success.

To ensure there is an effective level of join-up, we have agreed a delivery governance structure. At the top-level lies the GA Senior Group who will meet on an ad-hoc basis this year, moving to a more frequent rhythm of meetings in 2024. This group will maintain grip and confidence for seniors directly responsible for delivering the event, including reporting to Ministers, and managing any high-level risks. This group will also be used as the escalation route for urgent decisions. The Senior Group are all represented at working level in the GA Working Group.

The GA Working Group is the primary forum to manage working level delivery of the General Assembly; it tracks progress against key delivery milestones from now until the event in 2024. Attendees should be empowered to make decisions on behalf of their organisation/department and should be considered as responsible for driving forward relevant areas of event delivery as agreed by the group.

Ten subgroups feed into the GA Working Group (see Annex). They are there to support the Working Group in informed decision-making. The members of the subgroups are the subject matter experts; your expertise is crucial in supporting the delivery of this event. I therefore want to thank you for taking part as a key member of the Borders and Immigration subgroup and ask that you ensure that updates and issues for your specific delivery area are raised with the group in a timely fashion. The issues should be reported on and shared appropriately to the wider INTERPOL General Assembly 2024 Working Group, the Home Office planning committee, myself, and any other senior boards as necessary. It is essential that subgroups log notable risks and issues that could impact the delivery of the General Assembly 2024. Increasing risk items must be escalated via the boards outlined in the governance structure detailed above in which the Working Group feeds into. In the case of high-level risks, the ad-hoc Senior Group will be used as an escalation route for urgent decisions and risks.

We will also report progress against delivery into two additional boards to provide confidence at a senior level and a means of ensuring comprehensive communication to those involved: the Home Office led International Criminality Cooperation Board (ICCB) and the joint HO/NCA INTERPOL Strategy Delivery Board (ISDB). Both the ICCB and the ISDB will be used to keep senior stakeholders informed on planning progress in key areas. If you have any boards in your specific areas of delivery who you think need to be kept sighted do let us know.

The ISDB will agree sign-off on some of the more significant, high cost, or strategically important decisions in relation to the General Assembly 2024 planning. The ISDB will also approve any key delivery plans for the General Assembly and will be provided with regular updates from the Working Group. The key decisions made in these ISDB meetings will be fed into the ICCB for information and for comment where necessary.

This is a major event, with all that entails, but with close collaboration and regular communication, underpinning the principle of "no surprises", I am confident we can deliver a successful UK-hosted General Assembly 2024. If you have any concerns please do contact me or the team.

Journalists will continue to work on the investigation into how the UK Government is campaigning to put a UK Policing figure at the head of Interpol/

If readers, whistle-blowers or insiders have any information with regard to issues involving Police Scotland and Registers of Interests involving Police Officers, or the Conservative UK Government’s determination to get their candidate into the driving seat of INTERPOL - please contact the blog with further details either via the comments section or email us at scottishlawreporters@gmail.com or contact our journalists as per usual arrangements.

POLICE UNION SECRETS: Transparency petition by whistle-blower ex Police Officer closed by msps as Scottish Government block move to bring Freedom of Information compliance to Scottish Police Federation

Scots Police Fed. keeps secrets. A PETITION calling for Holyrood to recommend Freedom of Information compliance for the Scottish Police Federation (SPF) - has been closed - after the Scottish Government said it would block transparency compliance for the Union which covers all Police Scotland officers.

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.

DEAL AXES TRUTH: Scottish Ministers avoid probe of undermining Freedom of Information requests as political deal sidelines report revealing secret two-tier FOI regime

Holyrood deal blocks probe of Ministers FOI misuse. THE Scottish Government has avoided an independent investigation into a deliberate policy by Ministers to mishandle and undermine Freedom of Information requests.

Earlier today, demands for an independent review of how Scottish Ministers deliberately mishandle FOI requests from journalists & the public were thwarted after the Scottish Government struck a deal with the Liberal Democrats against a Scottish Labour motion calling for a probe.

Now, after months of work by the Scottish Information Commissioner’s Office on a report into the Scottish Government’s abuses of Freedom of Information laws (FOISA), the widely criticised anti-transparency attitude of Scottish Ministers will instead result in a ‘consultation’ on Libdem proposals to extend FOI coverage to private contractors providing services to the public sector.

However, the highly critical report published by the Scottish Information Commissioner earlier this month, found Scottish Ministers are operating a secret two-tier FoI regime – which deliberately & consistently obstructs the release of any information which is likely to embarrass them.

The report also found that journalists, MSPs and their researchers were subject to extra scrutiny, leading to deliberate delays (sometimes of many months) in requests being handled, despite the law saying the FoI system should be blind.

There is also anecdotal evidence in recent media reports that the Scottish Government’s anti-transparency attitude towards Freedom of Information compliance has trickled down to almost every single Scottish Public authority – including Police Scotland, the Crown Office & other key justice related agencies.

Today, during the Holyrood debate on calls for an independent probe of Scottish Ministers & their misuse of FOI legislation, parliamentary business minister Joe FitzPatrick agreed the deal with the LibDems instead of a fully independent probe into Scottish Ministers.

Mr Fitzpatrick said: “Against a backdrop of an ever-changing public service delivery landscape, where services traditionally provided by public authorities are now being provided by the third sector or private contractors, I'm conscious there are increasing demands to look again at the scope of coverage of the legislation.”

The full debate can be viewed online here:

Debate: Review of Government FOI Handling and Record Keeping - 20 June 2018

Readers may also be interested in a retired journalist’s petition to bring a guarantee of honesty to Freedom of Information legislation, after it was found public authorities were distorting and in some cases, providing dishonest information in response to Freedom of Information requests.

Video footage of the proposal to the Scottish Parliament's Public Petitions Committee in April 2014, by retired Scotsman journalist William Chisholm MBE, can be viewed here:

Petition PE01512 Amendments to the Freedom of Information Scotland Act 2002 Scottish Parliament

However, and somewhat surprisingly, Rosemary Agnew - who was at the time, the Scottish Information Commissioner - and is now currently serving as the Scottish Public Services Ombudsman - blocked the attempt to bring a guarantee of honesty to Freedom of Information responses.

Video footage of Rosemary Agnew’s evidence to the Petitions Committee and her position against addressing issues of honesty in Freedom of Information responses, can be viewed here:

Scottish Information Commissioner Evidence to MSPs on Petition PE1512 6th May 2014

A full history of the work & report by the current Scottish Information Commissioner on the Scottish Government’s policy of undermining Freedom of Information requests, can be found here on the SIC website - which has published the following details:

Intervention 201702106: Scottish Government 

Intervention Report: Assessment Phase

On 13 June 2018 the Commissioner published his report following the assessment phase of his intervention into the Scottish Government's FOI practice and performance. The full report is available to download below.

The report details the findings of the Commissioner's extensive assessment. These include:

• It is an important principle of FOI law that, in most cases, it should not matter who asks for information. The practice of referring requests for clearance by Ministers simply because they come from journalists, MSPs and researchers is inconsistent with that principle.
• The Scottish Government's FOI policies and procedures are not clear enough about the role of special advisers in responding to FOI requests.
• The Scottish Government takes longer to respond to journalists' FOI requests than other requests, but in only one case did the Commissioner find evidence that delay was deliberate.
• The Scottish Government's FOI practice has improved significantly over the last year, following the Commissioner's first intervention: average response times to all requests, including journalists' requests have reduced.
• The Commissioner makes seven recommendations for further specific improvements to: clearance procedures; quality assurance of FOI responses; training; case handling and case records management; monitoring FOI requests and review procedures.

This assessment included:

• Statistical analysis of data from 7,318 FOI requests received by the Scottish Government between December 2014 and December 2017
• Inspection of 104 individual Scottish Government FOI case files
• Examination of 87 appeals to the Commissioner about the Scottish Government's handling of FOI requests
• Review of the Scottish Government's FOI guidance and procedures
• Face-to-face interviews with 31 Scottish Government officials and four Cabinet Secretaries.

The Commissioner requires the Scottish Government to develop an action plan (for his approval) by 13 September 2018. The Commissioner will monitor and review the implementation of the action plan.

Read the Report:

Scottish Government Intervention - Assessment Report (PDF - 321 kB)

Background  

In November 2017 the Commissioner confirmed that he would be undertaking a further intervention into the Scottish Government's FOI performance. The Commissioner's letter to the Minister for Parliamentary Business provides background to the intervention.

Invitation to journalists to provide further information

On 13 December 2017, the Commissioner issued the invitation below to the signatories of a letter sent by journalists in May 2017 to the Scottish Parliamentary Corporate Body. He invited them to provide further evidence to help him frame accurately the assessment phase of the intervention.

The invitation provides useful information about the scope of the intervention and a list of the questions the assessment phase will focus on.

Invitation to provide further evidence

We will publish a summary of the responses to this invitation as soon as possible after the closing date for submissions (12 January 2018).

Terms of the intervention

The Commissioner wrote to the Minister on 2 February 2018 to set out the aims of the intervention, the methodology for the assessment phase and the questions the intervention will explore.

The assessment phase is due to begin at the end of February 2018.

2018 02 02 Commissioner's letter to Minister for Parliamentary Business

Correspondence about the intervention

On 8 February 2018 Tavish Scott MSP wrote to the Commissioner about the intervention. You can read the exchange of correspondence below.

2018 02 08 Letter from Tavish Scott MSP to Commissioner

 2018 02 15 Letter from Commissioner to Tavish Scott MSP

Previous articles by Diary of Injustice on Freedom of Information issues, including investigations by the Scottish Information Commissioner can be found here: Reports & investigations on Freedom of Information disclosures in the legal sector & public authorities in Scotland

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

Calls for MSPs to probe ‘secretive’ Scottish Police Federation CALLS are being made for an influential Scottish Parliament committee to probe the highly secretive Scottish Police Federation (SPF) - which has received substantial public cash grants from the Scottish Government cumulatively totalling millions of pounds over a period of years.

The call for an audit & scrutiny of the Scottish Police Federation - which represents rank & file Police Officers – comes as files obtained via Freedom of Information legislation – reveals the General Secretary of the SPF asked the Scottish Government in May 2017 to withdraw £374,000 of public cash funding to the cash rich Police Union.

Coincidentally, the request by Police Federation boss PC Calum Steele to the Scottish Government to drop the cash payments – came seven days after the Scottish Information Commissioner stated on their twitter social media account that the Scottish Police Federation would be added to their recommendations to the Scottish Government - for compliance with Freedom of Information legislation.

However, nine months on from the Calum Steele’s request to cancel the public funding arrangement, the Scottish Government has now admitted it is still considering public cash grant funding for the Scottish Police Federation – and has not actually agreed to cut the public cash – as requested by Steele..

While the Scottish Government have so far refused to release much of the discussions on the SPF’s public cash funding arrangements, a list of payments disclosed in papers reveal the sequence of grant funding payments for the year 2016-2017 - where a total of £368,778 public cash was paid in four payments of £92,197 during April, July, October 2016, and a further payment in January 2017.

Peter Jamieson of the Scottish Government's Police Powers and Workforce group confirmed funding is still being considered, stating: “To note, that we are still considering the Scottish Police Federation grant funding for 2017/18.”

The Scottish Government have yet to respond to a request for further details on why they are still considering public cash for the Scottish Police Federation,

However, sources have indicated civil servants and Special Advisers (SPADS) have discussed the matter of ending the grant funding, where some expressed the view that the public cash grant funding gives the Scottish Government a ‘carrot and stick’ hold over the SPF – which regularly supports Government policy in any area.

More recently, the Scottish Police Federation has been accused of having a vested interest in the leadership crisis at Police Scotland – which saw extensive efforts to oust the now former Chief Constable Phil Gormley, and replace him with DCC Iain Livingstone.

However, while the Scottish Government delay a decision on how to slip more public cash to the Scottish Police Federation, a letter from the SPF’s General Secretary Calum Steele  to Tansy Main, the Head of Police Workforce Team – claims the Scottish Police Federation is no longer reliant on the public cash.

The letter from PC Calum Steele to the Scottish Government reads as follows:

I refer to the above and to our ongoing conversations on the subject.

As you are aware the history of the Scottish Police Federation Grant was simply to ensure that no single police force was left carrying the costs of the elected officials of the Scottish Police Federation (SPF). The Scottish Government (and its predecessor bodies) paid a grant to the SPF, which was in turn utilised to reimburse the relevant force for the costs of the elected officials. This was entirely appropriate.

Since the creation of the Police Service of Scotland the issue of which force pays the costs of the elected officials of the SPF is no longer relevant. The practical effect is therefore that the SPF receives the grant in quarterly instalments only to immediately pass them to the Scottish Police Authority (SPA) to meet the costs of the official's salaries. This however creates an administrative burden for both the SPF and SPA that is completely unnecessary. It demands amongst other things that the account is audited, that accounting fees are paid and that a purely administrative set of accounts is created and published.

The grant also covered the costs of ancillary matters including (but not limited to) accoutrements, rates and rent for the SPF headquarters, the costs of the then annual conference, and the costs of the statutory meetings of the Joint Central Committee. You will be aware that the grant has reduced in value in recent years and as the accounts show, whilst continuing to cover the cost of officials, it no longer comes close to covering the costs of the items it was originally intended to.

Whilst the grant accounts shows a paper loss, the SPF considers that beyond costs of officials, we are no longer reliant on the additional grant monies to pay for these elements.

The SPF considers therefore that continued payment of a grant to the SPF makes little sense and formally request the termination of SPF grant facilities, with the monies being paid directly to the SPA, as part of the global policing settlement (or otherwise as Government sees fit).

Self-evidently the SPF would expect that in doing so this would result in the termination of the expectation that the SPF continues to reimburse the SPA for the cost associated with officials, without detriment to the provisions of the Police Federation (Scotland) Regulations, insofar as they relate to the payment of pay and pension for officials of the SPF in particular.

The SPF would also ask that the surplus elements be considered to cover any notional future costs the SPF might be expected to incur as a consequence of the Trade Union Bill.

Any scrutiny of the Scottish Police Federation’s use of public funds, and their position as a body created by legislation, is liable to be carried out by the highly effective Public Audit and Post Legislative Scrutiny Committee (PAPLS) – which took on the Scottish Police Authority (SPA) in spectacular style, providing ground breaking scrutiny of a dysfunction, secretive authority dubbed a “secret society” by MSP Alex Neil (SNP).

Among the additional FOI documents disclosed by the Scottish Government include some, but not all minutes of meetings & discussions around the grant funding for the Scottish Police Federation, and as has been consistent with recent Scottish Government releases, documents are subject to significant redactions.

However, while the letter from the SPF General Secretary to the Scottish Government reveals scant detail of SPF finances, former and currently serving Police Officers have posted their concerns on social media with regards to figures of up to ten million pounds held by the Scottish Police Federation in bank accounts & assets.

Social media postings by current and former Police Officers also refer to trips undertaken by SPF representatives including Callum Steele and suspended Sheriff Peter Watson - to various gatherings funded by the Scottish Police Federation.

Meanwhile, as current & former Police Officers & journalists asking questions of the SPF are either blocked online, or subject to social media attacks by supporters of the Scottish Police Federation and politically friendly elements – some of whom give after dinner speeches or lobby for public cash for their ventures, the Scottish Information Commissioner appears to have reneged on their enthusiasm for recommending FOI compliance for the SPF.

An earlier statement from the Scottish Information Commissioner claimed the SIC would add the SPF to their list of organisations which should be covered by Freedom of Information legislation.

The statement came in response to a request made on behalf of serving & former Police Officers - who queried why the Scottish Police Federation remained except from Freedom of Information legislation in Scotland, while their English counterpart was brought within FOI laws in England & Wales some years ago.

A twitter post from Scottish Law Reporter on 17 May 2017 pointed out  “as @PFEW_HQ is #FOI compliant in England, @ScotsPolFed should comply with #FOIScotland suggest you call for this improvement”

A tweet dated 18 May 2017 from @FOIScotland in response stated “Thanks - we'll add it to our list of bodies to propose to Ministers. Individuals can also make their own representations to the Scot Gov”

The Police Federation of England and Wales (PFEW) is funded in part by police officers who pay subscriptions from their wages.

Differing from it’s Scottish counterpart – the Scottish Police Federation - which has cumulatively received millions of pounds in public cash over the years, the PFEW is not a public body and not funded by the public and is the only staff association to be subject to Freedom of Information (FoI) - which came into effect for the PFEW in April 2017 by way of the following legislation:

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).

However, nine months later in Scotland, after the Scottish Information Commissioner had said it would act on the matter, no action has been taken by the Scottish Information Commissioner to include the Scottish Police Federation in their recommendations of FOI compliance to Ministers.

Queried over the lack of action on the subject, a response from the SIC claimed the Scottish Information Commissioner could not divert financial resources to make any necessary representation to the Scottish Government.

A journalist who viewed the SIC’s claim of being under resourced -  branded their response as “a delaying tactic”.

Scottish Information Commissioner’s role in FOI transparency.

A query to the Scottish Information Commissioner of 30 May 2017 on the subject of recommending Freedom of Information compliance be applied to the Scottish Police Federation generated the following response from the SIC:

The power to designate bodies as Scottish public authorities under sections 4 or 5 of FOISA lies with Ministers. Section 43(4) of FOISA provides that the Commissioner can, from time to time, make proposals to the Ministers “for the exercise by them of their functions” under those provisions. Of course anyone can make such proposals to Ministers and we know that people do so.

It’s important that proposals to Ministers are framed in terms of considerations for designations of each body. The Commissioner’s Special Report in 2015 FOI 10 years on: Are the right organisations covered? (copy attached) suggests the sorts of considerations Ministers might apply to deciding whether or not to designate bodies under section 5 (the more complex of the two designation provisions).

We’ve made a number of proposals to Ministers over the years about bodies they might consider for designation. Most of those proposals have concerned section 5 – see consultation responses at http://www.itspublicknowledge.info/home/SICReports/OtherReports/otherReports.aspx

We’ve made few proposals to Ministers for consideration of designation of bodies under section 4. This is because there is rarely a need to do so. Scottish Government Bill Teams routinely ensure that primary legislation founding new bodies includes a modification of Schedule 1 of FOISA to ensure they are included as bodies under jurisdiction.

The most recent example I can recall of a section 4 proposal from the Commissioner is one in 2010 for consideration of the Court Rules Councils. I’ve attached a copy of the submission which sets out the sorts of considerations that Ministers might consider. These bodies were subsequently designated by Ministers.

The reference in our tweet is to a working list we maintain of bodies that the Commissioner might propose to Ministers. We revisit that list annually, at the latest, in the final quarter of each operational year (January – March). We research the possible considerations that might apply to designation of those bodies. If we conclude there is a persuasive case for a proposal, the Commissioner will make a proposal to that effect to the Ministers. Currently our list includes the following bodies:

Adult Protection Committee, Leisure trusts, etc, which were established other than by one or more local authorities, Learning Network West, Police Federation of Scotland

In terms of your request for comment on “non compliance of SPF in Scotland”, I hope you will appreciate that there is nothing we can offer until we have researched any designation considerations for that body. We’re grateful to you for bringing to our attention what appears to be an anomaly arising from the designation of a similar English and Welsh body under UK FOI law, but we have not yet looked into the background. Our research in this case will include looking at the reasons for the UK FOI designation and comparing issues such as legal status, function and control.

A further enquiry of September 2017 to the Scottish Information Commissioner on the subject of the Police Federation’s FOI compliance was then treated as an FOI request by the SIC, who responded, claiming they could not divert resources away from other work.

Shockingly, the Scottish Information Commissioner requested journalists make a submission to the Scottish Government instead of a fully researched submission by the Information Commissioner with all the weight such a report would carry in government & parliamentary circles.

The Information Commissioner’s response reads as follows, and accompanying documents released with the response can be found here:

Thank you for your enquiry on 29 September 2017 in which you asked for an update to the SIC’s position with regard to research or a recommendation for the inclusion of the Scottish Police Federation in FOISA. I have treated your enquiry as a request for information that we hold, because you are seeking information about the progress we have made since your media enquiry of 30 May 2017 about the FOI status of the Scottish Police Federation (our reference 201700982).

I also attach copies of my correspondence with Andrew Gunn of the FOI Unit in the Scottish Government (described in the attached schedule). I have redacted both Andrew’s, and Sinead Campbell’s email addresses as these may be personal information to which section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 applies. This should not affect the readability of the information and it is not information you asked to see.

I expect you will also want to know when we expect to carry out our research. When I wrote to you in May this year, I explained that our usual timetable for looking at potential recommendations for designation is the final quarter of the operational year (January to March 2018). This work is set out in our operational plan http://www.itspublicknowledge.info/home/AboutSIC/StrategicPlan.aspx. The relevant reference can be found on p10, line item 4.

Though I appreciate you are keen for us to research the status of the Police Federation of Scotland, regrettably there has been no opportunity to divert resources to the work ahead of our schedule. You do not, of course, have to wait for us to reach our conclusions; anyone can make a designation proposal to Ministers. Making your own proposal would ensure your own arguments for designation of the Police Federation of Scotland were taken into consideration. 

To-date, the Scottish Information Commissioner has not made any submission to the Scottish Government on recommending the Scottish Police Federation be brought within Freedom of Information legislation – as is the case with the Police Federation of England & Wales.

And while this exemption continues, serving and former Police Officers who are still members of the SPF are effectively blacklisted or blocked on social media when they try to obtain answers to the lack of support they received from the SPF when help was needed.

Currently it is known the Scottish Police Federation are represented by law firms such as Levy and Mcrae, and Peter Black Watson of PBW Law.

During 2015, Levy and Mcrae, and their former partner Peter Black Watson were named in a multi million pound civil claim in the Court of Session.

Peter Watson – who is a member of Scotland’s judiciary, was suspended “to protect public confidence in the judiciary” by the then Lord President Lord Brian Gill.

How Scottish Police Federation spend their members money:

The Scottish Police Federation recently faced criticism for an office revamp that included the restoration of marble fireplaces and new French and Italian furnishings.

The headquarters upgrade was completed in 2015 and is said to have cost £1m, although that figure is disputed by the federation.

Concerns have been raised because the SPF receives taxpayers’ money in the form of a Scottish government grant worth £374,400.

The federation claimed “not a single penny” of taxpayer money was spent on the project at the HQ, which is in a listed building in Glasgow.

The head of Scotland’s police union was also embroiled in a spending row after splashing out £5,000 to attend a charity dinner headlined by former US president Barack Obama.

The Scottish Police Federation  paid the money to secure a table at the prestigious event hosted by Sir Tom Hunter in Edinburgh last month.

The disclosure has caused upset amid claims the dinner was a “jolly” for top brass based at the union’s Glasgow headquarters in Woodside Place.

Police Federation spending in England resulted in fraud investigation:

An alleged £1m fraud at the Police Federation in England has been referred to prosecutors.

Lawyers at the Crown Prosecution Service are currently considering if criminal charges should be brought against Will Riches, the former vice-chair of the federation and a serving Metropolitan police officer.

The investigation began in March 2016 and it is alleged £1m in Police Federation funds was transferred to an organisation called the Peelers Charitable Foundation.

The Police Federation has been riven by internal divisions and was under government pressure to reform, after a series of controversies about how it spends and manages the money it raises.

It represents 123,000 rank and file police officers in England and Wales, and in 2014 Riches ran to be its chair. He got the same number of votes as his rival, but lost the job on a coin toss to Steven White, the current chair.

The Police Federation in England & Wales has previously faced allegations of bullying and secret multimillion-pound bank accounts.

DECLARE THE CROWN: Secrecy block on Crown Office Register of Interests - after fears info will reveal crooked staff, dodgy business dealings, prosecutors links to judiciary, criminals, drugs dealers and dodgy law firms

COPFS secret register contains links to judges, crime & business. AN INVESTIGATION has revealed Scotland’s Crown Office & Procurator Fiscal Service (COPFS) are blocking the publication of a staff register of interests – over fears it will reveal close relationships between prosecutors & judges, suspended solicitors, staff with criminal convictions including drugs crimes, and links to organised crime and sectarian behaviour.

The secret COPFS register of interests only received public acknowledgement of its existence – after the Scottish Information Commissioner became involved over refusals by Scotland’s top law officers to publish the information similarly disclosed in other registers of interest held by public bodies – including Police.

The issue came to light when journalists examined discussions between the Crown Office and the Scottish Parliament over a call for the Lord Advocate to submit evidence on Crown Office employees register of interests.

However, the Crown Office bluntly refused to provide any evidence or testimony to the Scottish Parliament’s Public Petitions Committee – who have been investigating proposals to require Scottish judges to declare their interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary.

Senior figures at COPFS put a secrecy block on publication of their own register of interest after journalists uncovered a host of conflicts of interest by COPFS staff, including links to disgraced solicitors and suspended judges, unrecorded meetings with Ministers and members of the judiciary, business connections and interests of COPFS staff and dumbed down criminal convictions of prosecutors still working for the Crown Office.

And the Crown Office block on publication remains in force today - after over two years of refusal to disclose the information in response to Freedom of Information requests.

When journalists approached the Scottish Information Commissioner for assistance, the SIC made enquiries of the Crown Office to be told “As you have noted, our original response indicated that in our view no application could be made to the Commissioner. COPFS considered that section 48(c) of FOISA applied as the information requested is held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland. You have now asked us for our views on why we consider that to be the case.”

“I can confirm that COPFS holds a Register of Interests which extends to all members of staff. The Register is held on behalf of the Lord Advocate in order to guard against conflict of interest in prosecutorial decision making. The register of interests is designed to ensure that impartiality can be demonstrated in relation to any individual making prosecutorial decisions or involvement in the preparation or presentation of any case. Given the register is held on this basis, we consider that the information is held by the Lord Advocate in his capacity as the Head of the systems of criminal prosecution and investigation of deaths in Scotland.”

 Scottish information Commissioner files released on discussions with COPFS Register of Interests.

However, the enquiries and media interest prompted the Crown Office to acknowledge publicly for the first time the register of interests existed.

The Crown Office statement to the SIC in a letter dated further revealed: “Coincidentally, this issue has recently been considered by the COPFS Executive Board and a decision has been taken that the register should not published. To provide information about the personal interests of prosecution staff could compromise the security of individual staff members, undermine their ability to do their job and create conflict with our obligations under the Data Protection Act.”

“We intend, however, to provide a public statement of explanation about why we do not publish details of the Register of Interests on our website within the next 6 weeks and I will ensure that you are provided with a link to this when it is published.”

However, tt can now be revealed COPFS feared the register would also reveal close links between Advocate Deputes who prosecute criminals in court – and their spouses and partners who work in the Scottish Courts and some who serve on the judicial benches.

Discussions took place with regard to media enquiries , and fears were raised if the public and persons in court found out of  personal and family links between prosecutors and the judiciary, there could be questions over impartiality.

One such example of a Prosecutor with family in the judiciary is that of Advocate Depute Murdoch MacTaggart - who prosecuted the longest fraud trial in UK history in the case of Edwin & Lorraine McLaren - in connection with their sell your house & rent it back property scheme. MacTaggart was married to a Sheriff – Mhairi McTaggart.

There are a number of other personal relationships between prosecutors, crown office staff, the legal profession and judiciary – some of whom have appeared in and on both sides of the court together during  criminal trials – without any questions being raised on impartiality.

It is very clear COPFS felt the disclosure of personal and family relationships between prosecutors and judges may cause problems in a number of previous and ongoing trials.

The personal relationships between COPFS and others may be of lesser importance than prosecutors & COPFS staff business interests, which are significant and wide ranging, in a similar nature to what has recently been disclosed by Police Scotland, more on which is available here: POLICE REGISTER: ‘First responder’ Police Officers transparency in cops business interests register

However, in the case of COPFS employees & prosecutors business interests, there is significantly more potential for conflicts of interest in court.

And, it can also be disclosed a number of COPFS employees relatives and direct family appear to be working in highly paid positions in other public bodies, the Scottish Government and organisations within the justice system  including the courts - some of whom secured jobs without interview.

Enquiries in relation to the work histories of several Crown Office employees also reveals some Prosecutors and Advocate Deputes may also be exposed to questions over their links to law firms alleged to have committed significant fraud  with legal aid cash and embezzlement of client funds.

In a further investigation linked to the long running McLaren fraud trial, COPFS refused to respond to queries in relation to the status of any proceedings against a suspended lawyer - Karen MacTaggart – who was suspended as a solicitor from April 2014, according to a notice issued in the Gazette.

Karen MacTaggart is the sister of a Crown Office Advocate Depute - Murdoch MacTaggart.

The Crown Office was approached for an explanation on this but refused to respond.

The investigation has also revealed further concerns at the Crown Office - over fears publication of their Register of Interests would expose details of serving employees criminal convictions on everything from common assault, to perverting the course of justice, and dealing of Class A drugs including Cocaine – to COPFS colleagues and members of the public.

A further block on publication of the COPFS register of interests came about after members of IT staff at the Crown Office became embroiled in a scandal involving anti-catholic sectarian behaviour 

One COPFS employee was sacked and another quit after an investigation was launched into alleged sectarian comments made on an internal messaging system.

Shocked staff blew the whistle on their colleagues after spotting the anti-catholic remarks & comments on their computer screens, and following an internal probe, the men were found to have breached strict rules on bullying, harassment and discrimination.

As a result, one worker has been sacked and another has resigned, and a third, who had a senior managerial role, was given a final written warning.

The male members of staff who made the comments worked in the IT department of the Crown Office and Procurator Fiscal Service (COPFS) in Ballater Street, Glasgow, close to the city’s sheriff court. It is also understood that a second IT manager was moved to another department after the probe was completed.

An investigation was first launched after two Catholic staff members complained that sectarian hate comments had been posted by the three men but the resulting inquiry failed to find evidence to substantiate the claims – even though other members of COPFS saw the actual comments.

None of the COPFS staff involved in the sectarian probe have been named by prosecutors, however the names have now been passed to journalists who are looking further at the case.

Another reason for the Crown Office to refuse publication of it’s own register of interests hit the headlines in March 2016, when the Sunday Mail newspaper reported that the then Lord Advocate’s brother was at the centre of a probe into financial dealings – reported here: Revealed: Lord Advocate's brother Iain Mulholland at centre of dirty money probe after arranging £550k mortgage for rogue lapdance tycoon

Iain Mulholland, the younger brother of Scotland’s top prosecutor who announced he was standing down last week, helped prepare paperwork that secured businessman Steven MacDonald a huge loan now being probed by the Crown Office.

Prosecutors hunting assets linked to organised crime claim MacDonald conned bank bosses into lending him enough cash to buy his Diamond Dolls strip club.

They claim the businessman lied on a mortgage application to get a £552,000 cash injection from the Bank of Scotland to purchase the property in Glasgow city centre.

Mortgage broker Iain Mulholland arranged MacDonald’s loan application through his First to Mortgage firm.

The 48-year-old fixed the loan that is now the focus of a major investigation by the Civil Recovery Unit (CRU) – investigators at the Crown Office, led by his brother, who seize dirty money, property and other assets linked to organised crime.

In another case referred to within COPFS circles amid media queries on the secret register of interests - concerns were raised after a senior female member of staff was discovered to be involved in a relationship with an underworld figure accused of supplying guns and drugs.

There were fears information was being provided to the crook – which may have impacted on a now collapsed prosecution against several gangsters.

And in another development, information has come to light regarding the status of a Grade 6 Manager at the Crown Office, and the employment of his relative who was later charged with drug dealing.

The COPFS Manager’s step-son – who worked part time in the NHS – and has a direct relative working in the same organisation -  was handed a lucrative Crown Office job with access to sensitive information - without even an interview.

The individual – identified as Mr Peter Murphy -  worked at the Crown Office for around two years and was then arrested, apparently, on a Petition Warrant relating to the supply of Class A drugs.

Murphy’s employment at COPFS included access to sensitive information and systems which contained files relating to drug dealers within the city.

Sources said “It was presumed that given the quantity of drugs involved the case would be prosecuted at the High Court” - however no trace of any trial has been discovered and, allegedly, the Crown Office drug dealer received a community disposal at Sheriff Court level.

COPFS staff suspect the watered down and preferential treatment of the COPFS drug dealer was a result of information provided to the police or the Fiscal reducing the charges.

After the incident, Peter Murphy was allowed to resign from the Crown Office, rather than be sacked.

However, investigations around the case first revealed in the Scottish Sun during 2016 in reports of drug dealing at the Crown Office case – has since established Mr Murphy’s identity as the COPFS employee charged with drug offences.

The Crown Office has refused to answer further questions on this case, however, records show Mr Murphy’s step father - John Tannahill – a Grade 6 Manager – has worked at the Crown Office since October 2002.

John Tannahill currently occupies the positions of Head of COPFS Police Reform Team and Process Review Team and Major Incident Co-ordinator, Chair, Judicial Panel Scottish Football Association - according to Mr Tannahill’s Linkedin page.

Further internal discussions on the publication of the register reveal senior legal figures concerns that their own staff may be identified as members of organisations condemned for associations with the far right and racism if the Crown Office register becomes public.

There are now calls to make the Crown Office Register of Interests a polished document, to enable court users and legal representatives have access to the information in relation to Prosecutors interests.

However, the Crown Office has refused to issue any further comment on the content of their register of interests other than a brief online reference to it’s existence, which was only published after discussions with the Scottish Information Commissioner.

Crown Office Register of Interests

The Civil Service Code, which applies to all civil servants, requires that they should not put themselves in a position where duty and private interests conflict, nor make use of their official position to further those interests.
As a public servant, an employee has a particular duty to ensure that their public position is not, and raises no reasonable suspicion of being, abused in their own personal interest.

The Crown Office and Procurator Fiscal Service holds a formal Register of Interests which extends to all members of staff.

The Interests are defined as:

Business interests (including directorships) not only of the employee but also  close family members

Shareholdings or other securities/financial interest which the employee or members of their close family hold

Any political interest or interest/membership in an organisation, club or society where there is the potential for a conflict of interest to arise as a result of official position

It is held on behalf of the Lord Advocate in order to guard against conflict of interest in prosecutorial decision making.

It is designed to ensure that impartiality can be demonstrated in relation to any individual making prosecutorial decisions or involvement in the preparation or presentation of any case.

The Register is not published.

To provide information about the personal interests of prosecution staff could compromise the security of individual staff members, undermine their ability to do their job and create conflict with our obligations under the Data Protection Act 1998.

It is worth noting while the Lord Advocate is determined to withhold the information contained in the COPFS register of interests from public scrutiny, the Crown Office itself believe members of their own staff are not honest in their own declarations and entries in the register.

And, in a number of trials, prosecutors and COPFS staff have been switched around at the last minute after failing to declare interests which could have potentially harmed criminal trials.

While the Crown Office would only issue the above statement online in relation to it’s secret Register of Interests – the evidence now in the public domain in relation to serious conflicts of interest held by prosecutors, personal links to the judiciary, businesses who themselves have contracts within the justice system, and other more serious issues including jobs handed out to family members – make the case for publication much stronger.

For previous articles on the Crown Office, read more here: Scotland's Crown Office - in Crown detail