 The next item of business is a statement by Michael Matheson on policing. The cabinet secretary will take questions at the end of his statement, so there should be no interventions or interruptions. I will call on Michael Matheson up to 10 minutes, please, cabinet secretary. Thank you, Presiding Officer, and I am grateful for the opportunity to update Parliament on leadership and performance of policing. When we created Police Scotland in 2013, we purposely strengthened the governance, accountability and scrutiny arrangements for policing and created a clear statutory framework for investigations of misconduct allegations against police officers. There is also a clear and independent process for investigating criminal allegations under the direction of the law of advocate. We created the Scottish Police Authority and Police Investigations and Review Commissioner to provide independent investigation and decision making on misconduct matters. HMICS provides professional and independent scrutiny of policing, with a statutory duty to support policing to deliver best value and continuous improvements. As you know, an assistant chief constable was suspended last Friday by the Scottish Police Authority. The Scottish Police Authority board took this decision after the Police Investigations and Review Commissioner brought allegations to its attention. Those include criminal matters that the commissioner had been directed to investigate by the Crown Office. That criminal investigation has commenced and is on-going. The Scottish Police Authority also referred misconduct allegations about the senior officer to the PIRC. The commissioner is now establishing whether a misconduct investigation is required. In addition, three other officers were suspended and two placed on restricted duties. Decisions in relation to the other officers were taken by Police Scotland, in line with the relevant conduct regulations passed by Parliament. Those are live investigations and we must respect the process until investigations are complete, further comment or speculation about the individual cases would not be appropriate. I am also aware of some criticism of the current process. There has been widespread speculation about individuals involved in cases and the nature of the allegations before the process has been concluded. I have considerable sympathy with the view that this is unhelpful. Going forward, it is important to reflect on the operation of those processes, particularly on confidentiality. Those events have caused understandable concerns. I now wish to highlight the measures that are being put in place to strengthen the senior command team in Police Scotland. Following the recent suspensions, Deputy Chief Constable Designate Ian Livingstone acted quickly to review his command structure. In doing so, he stated his confidence in the leadership provided by Police Scotland's officers and staff, reinforcing that leadership exists across all aspects of policing. From his role as the Deputy Chief Constable all the way through the organisation to the police constables serving their local communities, I wholeheartedly support that view. His recommendations to strengthen Police Scotland's senior team were approved by the Scottish Police Authority board yesterday. As a result, two officers will be promoted to temporary assistant chief constable with immediate effect. Gillian MacDonald and Alan Spears have already passed the UK-wide strategic command course and are ready and fully qualified to step up. Steps have also been taken to ensure the operation of Police Scotland's counterterrorism and firearms unit are unaffected by recent developments. Operations and training continue as normal with experienced officers filling key roles. Some commentators have sought to use the recent events to question Police Scotland's performance. However, the evidence of that is clear. The latest national statistics show that recorded crime is at a 43-year low and public confidence in the police remains strong. All local areas have seen a significant reduction in overall recorded crime over the longer term. The number of non-sexual violent crimes recorded has fallen 49 per cent between 2006-07 and 2016-17 and remains at one of its lowest levels since 1974. Cases of homicide have fallen by 47 per cent in the past 10 years. I look forward to the Scottish Police Authority and Police Scotland's clear strategy for the next 10 years, with the publication of their policing 2026 strategy earlier this year. That will ensure that Scotland continues to benefit from a modern, responsive and sustainable police service. I will now move on to addressing governance. I wish to start by welcoming the appointment of Susan Deacon as the new chair of the Scottish Police Authority. Susan takes up post on 4 December, bringing extensive experience of high-profile roles in the public and private sector. She will bring a new approach to the governance of policing. Through decades of experience leading change in public, private and academic organisations and her years serving, the democratic process of communities as both MSP and minister, she has a track record of bringing together people and ideas in ways that lead to lasting improvement and change. As she turns the focus of the SPA outwards, she intends to strengthen partnership with COSLA and others, proactively involving them in improvement and change. I also welcome the appointment of Kenneth Hogg as interim chief officer of the SPA. His background in public service reform, financial accountability and leadership will stand SPA in good stead. Those appointments sit alongside significant improvement in SPA governance over the course of this year and the review that I commissioned of the authority's executive function. All will support the board to perform its role effectively. Let me finish by commending the tireless job that police officers and staff do every day to keep Scotland safe and setting out what the Scottish Government is doing to support policing. Andrea MacDonald from the Scottish Police Federation yesterday reinforced that, and I quote, front-line officers are still out there, they have been out there all weekend still doing their job, still going to the calls from the public and out there patrolling to prevent crime. Since Friday, I've met with the SPA, the Deputy Chief Constable Designate, other senior officers in the command team, HM Chief Inspector of Constabulary. The recurring theme in those conversations is one of strength and continuity in Scottish policing. Derek Penman said earlier today, I agree with the view of the Scottish Police Federation that there is no crisis in policing. Our on-going scrutiny of Police Scotland has consistently shown that police officers and police staff at all levels remain committed to delivering policing into our communities. As well as the usual local policing activity, we see every day in our communities. The next few days we'll see the launch of the drink driving campaign, and there is a very visible police presence at our winter festivals. This morning at the Scottish Police Scotland violence prevention conference, officers from across the country came together to focus on police working collaboratively to reduce crime in Scotland. In short, operational policing continues and the public can have confidence in the police service. To support that important work, this Government is committed to supporting policing, promising to protect the police resource budget in real terms in every year of this parliament, a boost of £100 million by 2021. I also committed a further £61 million for reform this year. We have lobbied the UK Government and VAT over the last five years, and the chancellor's announcement that Police Scotland will be eligible to reclaim VAT from the 1 April 2018 is welcome and long overdue. The benefits will flow directly to policing as VAT will be reclaimed directly from HMRC. The creation of a single service has improved the ability of our police to respond quickly and effectively to serious crime, terrorism and other major incidents, uninhibited by the previous force boundaries. There has delivered a scale of operational flexibility and specialism that was not possible under the legacy arrangements, and it continues to deliver an excellent local service to communities that I believe are the match of policing anywhere in the world. The cabinet secretary will now take questions on the issues-raising statement, and I can allow no more than 20 minutes for that. Would those who wish to ask a question please press their buttons now? I call on Liam Kerr. Thank you, Deputy Presiding Officer, and I thank the cabinet secretary for advance sight of his statement. Can I welcome Deputy Chief Constable Designate Ian Livingstone's appointment of temporary assistant chief constables MacDonald and Spears? I am sure that I speak for the whole chamber when I offer my continued support to the deputy chief constable, who is working hard to provide stability during what he describes as difficult days. Despite the tireless work of officers and staff on the front line, which I applaud, the public fears that the police service is in a critical state, and the cabinet secretary is refusing to admit it. Even today, he spins the plugging of gaps at the top as strengthening in the senior team. He says that the force is acting quickly, so can I ask the cabinet secretary to tell us exactly when Police Scotland's leadership will return to normal, with no executive posts on leave or temporarily filled, and will he tell the chamber if he has sought specific reassurances that no major investigations have been adversely affected by the term oil? Finally, given the circumstances, will he now abandon his ill-thought-out, unwanted and unnecessary British transport police merger? I say to Liam Kerr that he started off by welcoming the actions that should have been taken by deputy chief constable, Designate Ian Livingstone, in the two temporary ACC appointments that were made yesterday, and then questions whether that strengthens the leadership team within Police Scotland. If the member knew either of those individuals, he would know that they are both very capable police officers who have gone through the process and have extensive experience in being able to discharge the responsibilities of being an ACC. I would hope that the member would reflect on the fact that Ian Livingstone has made those appointments on the basis of the skill sets that they have. To start to question the command structure within Police Scotland further and those individuals who have been appointed to it, I do not think that they reflect well on the member at this particular point. I also turn to the issue that the member has stated in regard to when will it return to normal. I have stated in recent days that that is a challenging set of circumstances for the executive team within Police Scotland. No one would wish to be in this particular situation with an officer suspended and a chief constable who is presently on extended leave. However, as the member will also recognise, there is now an investigation into all of these incidents and what we will now have to wait is for that process to be completed. To seek to try and in some way undermine that process by suggesting that it simply can be brushed aside while it has been taken forward, it would be wholly inappropriate. I can also say to the member that that is. Within Police Scotland, and I am sure that he recognises it, there are many dedicated, very experienced officers there who are always able to help to support the organisation in particular investigations as and when that is necessary. That is exactly what Police Scotland will continue to do. I have got every confidence that Ian Livingstone and his command team will continue to take the organisation forward in addressing that. In the final point in relation to the BTP, I understand that the member opposes the idea of the integration of the BTP into Police Scotland despite his own party's commitment to abolish the BTP altogether. However, as I have always said, like any other part of policy and government, I keep those matters under regular review. The joint programme board that is made up of experts who are overseeing that particular integration, if they highlight concerns or issues to me, I will duly take those matters into consideration. That was the case before Friday last week and has always been the case and will continue to be the case. However, now is the time to get behind our police service, our men and women who are protecting our communities and our DEND outbases, not to question the suitability of people who have been appointed to key posts and supporting the command structure. Claire Baker Thank you, Presiding Officer, and I thank the Cabinet Secretary for Advanced Clopay of the statement. Nobody is questioning that our dedicated police officers and support staff are working every day to keep our communities safe. However, there is no denying that this has been a bad year for leadership and governance at Police Scotland and the SPA, full of suspensions, resignations and early exits. Given the past few days that statement looks complacent, the Cabinet Secretary must take responsibility for what happens on his watch and there are legitimate concerns. Many are wondering why the chief constable has been granted special leave while other officers who have dedicated their whole careers to policing in Scotland are receiving suspensions. The chief constable has now been absent for almost three months. What guarantees can the cabinet secretary give that Perk, who is in an unprecedented situation investigating several senior officers, has the capacity to resolve that so that we can get Police Scotland to a more stable situation? Michael Matheson The member raises an important issue about the capacity of Perk to deal with a number of those different types of investigations, including the investigation into the complaints that have been made against the chief constable. As the member will be aware, we have increased the resource base to Perk to support it, and we are able to undertake some of the detailed investigations that are required. Perk does not only undertake investigations into complaints that the chief constable has received directly. The chief constable also has to be directed by the Crown Office when he is conducting criminal-based investigations. In that sense, he will almost operate as the police force for the Crown Office in investigating those types of complaints. I recognise the challenges and the demands that are placed upon them in looking at those matters. We are currently considering the existing resources that are available to the Perk. It is in everybody's interest for those types of complaints and investigations to be completed as quickly as possible. However, I also say to the member in relation to her comments that she believes that that statement reflects some form of complacency. I take my responsibilities as cabinet secretary for justice very seriously. What I have set out here today are a range of measures that have been taken forward by Police Scotland, the SPA in making sure that we address those issues as effectively as we can, and by making sure that we make additional investment available to Police Scotland. I will continue to make sure that we do everything that we can to support the men and women who keep our communities safe day in, day out. While she may choose to sit from the sideline, carping and making political comments, I will get on with the day job of supporting her police force here in Scotland. Business time this afternoon is extremely tight, and there is no spare time at all. I will have short questions and shorter answers, please, cabinet secretary. I call Stuart Stevenson, followed by Margaret Mitchell. Does the cabinet secretary agree that the great strength of Police Scotland, together with its predecessors, is its ability to operate as a team within a framework of laws, grow new senior officers and do so without hands-on interference from politicians? Through recent years, I have been able to meet a whole range of officers right across organisations from local policing through to special units. One thing that is very clear to me is that one of the real benefits of having a national force is the ability to be able to flex specialist support as and when it is necessary and to make sure that it can utilise all the skillsets that are based within the organisation at appropriate times to address any particular investigations as and when they occur. I believe that Police Scotland has a very rich theme of leadership within its organisation. As DCC Designate Ian Livingstone said recently that he believes that he has got strong leadership from the top right through to local policing. I believe that that is the case, and it is what we should all be looking to support. Margaret Mitchell, followed by Arona Mackay. The cabinet secretary asserts that, in the creation of the single force, the Governance, accountability and scrutiny arrangements for policing in Scotland were strengthened, but the lack of checks and balances expressed at the time continued to persist. Will he now confirm that the Scottish Government will revisit the 2012 act specifically to look at the methods of holding Police Scotland and the SBA to account? Will he confirm exactly what he does as cabinet secretary to ensure that accountability and transparency is evident in practice and not just theory? Michael Matheson. The member asked me this question a few weeks ago, and the answer is the same. We have no plans to revisit the act at the present moment. Rona Mackay, followed by Mary Fee. Does the cabinet secretary agree with the Scottish Police Federation that, quote, there is a lot of media speculation and hype, and perhaps some political people get involved in this? However, there is no crisis, it is business as usual. Michael Matheson. I think that it is important that there is robust, effective scrutiny of our police service and that we have an independent complaints process that allows those issues to be appropriately investigated as and when complaints are brought forward. That is what we have in the police investigation and review commissioner. Of course, where there are criminal matters that those relate to and that those issues are directed by the Crown Office. However, I recognise the concerns that have been raised by the Scottish Police Federation on speculation relating to those particular complaints. However, what we need to do is now to make sure that that due process, the natural justice that is due in dealing with those particular complaints, is allowed to take its course. I think that it is in everyone's interest to ensure that we reflect on that before making comment regarding some of the nature of the complaints. Mary Fee, followed by John Finnie. Thank you, Presiding Officer. I thank the Cabinet Secretary for the Advanced Site of his statement. With officers at the top of Police Scotland having been suspended, placed on restricted duties and the chief constable on special leave, can the justice secretary explain what impact the disarray and command structure will have on the merger with the British Transport Police, which has already had questions asked around its finance? Michael Matheson, if the member took the opportunity to engage with the command structure within Police Scotland, he would be reassured that there is no disarray within the command structure. The actions that have been taken by the Deputy Chief Constable Designate over the course of the past 24 hours, having reviewed his command structure over the course of the weekend and the decision to temporarily appoint two assistant chief constables is to help to support and strengthen the command structure as it stands at the present moment. He has also set out the difference that he is creating for both of those roles in order to strengthen some aspects of what he believes are areas that could be improved within the command structure overall. I will say to the member on behalf of the BTP, and again, I recognise the member's opposition to the integration of the BTP within Police Scotland. It is exactly the same as I said to Liam McArthur. I keep all the areas of policy under constant review. Where the joint programme board, which is Scottish Government on, the SPA, Police Scotland and others are all on, including the UK Government, if there are issues of concern that are raised in regard to the integration and how that has been taken forward, I will give them due consideration. It is no one's interest to compromise operational aspects of how policing is delivered going forward post the integration of those services. That was always the case and it will continue to be the case going forward. I want to reassure the member, despite the difference in views on the matter, that I constantly give those issues consideration. If there are concerns and issues being raised with me, I will consider those issues very seriously and in a considered way. John Finnie, followed by Fulton MacGregor. I thank the cabinet secretary for early sight of his statement. I particularly thank him for mentioning the outstanding results last week from the Scottish police service. That is in the face of all the events that are going on. It shows the dedication from the officers, both women and men. There is a shadow being cast, and it has been cast by two individuals—Lame Dux, Andrew Flanagan, the chair of the police authority, who is going, his mate, Fulton MacGregor, who should be suspended and should go in my opinion. We must look to the future, cabinet secretary. It is important to assure that there is proportionality and equality in the decision-making around suspension between the police authority and Police Scotland. What will you do to ensure that that happens, please? Michael Matheson, I think that we have to recognise the due process that has been carried out at the present moment regarding the complaints that are being considered. I mentioned in my statement the need to reflect on aspects relating to confidentiality. I have always been of the view that no point should we accept that where we are at the present moment is a point where we cannot make further improvements in the future. As is the case with any type of process that has been taken forward with any area or within public policy, we should always reflect back on whether there are ways in which the system could be made to work better and improved in some way in the future. There is no doubt that when it comes to issues, whether it be complaints, conduct issues or other aspects of policing in general and how it deals in response to local incidents, we should always do that in reflecting on how we can improve our response to those matters. I have no doubt that the whole issue of how complaints are handled and so on in the future is a matter that will be given due consideration. We also have to recognise that there is due process being gone through with the existing complaints and that we need to make sure that we protect the integrity of that process for both the purpose of the investigation itself and the parties who have had complaints lodged against them to ensure that they are given natural justice on how those matters are taken forward. What discussions has the cabinet secretary had with the UK Government regarding the repayment of £140 million that has been taken out of the pockets of our emergency services in fact over the past few years? Michael Matheson Although I welcomed the decision by the chancellor last week after our sustained pressure to change the VAT rules, and they have eventually conceded that they could have always changed the VAT rules, that money from reclaiming VAT will now go back directly into the police service and also into the Scottish fire and rescue service. No doubt there is the outstanding £140 million, which will be £175 million by the end of this parliamentary year, which we believe that the Treasury is treating almost as a windfall, but it is a windfall out of the pockets of our emergency services, which would be better invested in our emergency services here in Scotland. Willie Rennie, followed by Ben Macpherson. Willie Rennie Does the secretary agree with Kenny Macaskill that today's problems in Police Scotland are someone else's fault or with SNP-backed benchers that there is nothing to see here? Is it not the case that all of this can be traced right back to the decision to rush through centralisation, to create a toothless police authority, to break local community links, to appoint the first chief constable who undermined traditional Scottish policing? Does the justice secretary accept responsibility for any of that? Michael Matheson I recognise that there have been significant challenges since the creation of Police Scotland. There are a number of areas that the organisation has not performed as well as we would have wished to. When we consider a major part of public sector reform, for example, there are clearly areas around call handling, where the way in which that was taken forward by the service, they now acknowledge that and recognise that. The work that I commissioned through HMICS to review the way in which we are conducting call handling initiative, which I know that the member pursued, on a number of occasions identified areas in which they could have taken action. However, the work that I commissioned through direct and HMICS to review call handling has led to improvements. Of the 30 recommendations that were made in the report that was published by HMICS at the beginning of this year, it demonstrated the improvements and the progress that Police Scotland is making on that. Another area in which I believe that the way in which we took forward the integration of the eight forces resulted in aspects of local policing not being given the priority that it should have been given. One of the things that I took forward as justice secretary with the SPA was to make sure that there was a much clearer focus on the need to have local policing given a much more central focus on how policing is delivered in Scotland. When we published the new national policing priorities at its very heart, it was a whole issue of localism. One of the aspects that is set out again within the policing 2026 strategy is the need to make sure that we are reflecting the way in which policing is delivered at a local level as to what local needs are. I fully accept the points that were made by Willie Rennie. There have been challenges and issues in taking forward the integration of our police services. I also recognise that there have been real benefits in the operational ability of the organisation in being able to respond to major incidents, supporting local policing issues through national support being provided to them, as well as being extremely beneficial at the same time. Is there more to do? Absolutely, there is more to do. I can assure the member myself that the SPA and the incoming chair and Ian Livingstone, while he is presently leading the organisation, are all committed to making sure that we do everything possible to drive the organisation forward and to address those issues and to ensure that policing in our communities reflects the needs of our local communities. A very quick question, please, Mr Macpherson. Can the cabinet secretary please reassure constituents at this time about Police Scotland's calibre of performance and that day-to-day policing will not be affected by the investigations into senior officers? I set out my statement in the way in which Police Scotland and the recent performance data demonstrate the significant progress that it is still making in improving how it tackle crime and reduce crime and prevent it from occurring within our own communities on an on-going basis. The comments that have been made by others in the Scottish Police Federation, including the comments that were issued today by Her Majesty's Chief Inspector of Constabulary, Derek Penman, again provide clear assurances on how operational policing is continued to be delivered on an on-going basis and to an extremely good standard. This morning, I was at the Police Scotland Scottish Government violence prevention conference in Glasgow, where there were operational police officers from right across the country sharing good practice on how we can more effectively tackle aspects of violence in our communities, particularly those communities that continue to suffer disproportionately from it or more deprived communities. That nature of operational policing will continue, and as Ian Livingston set out yesterday at the SPA board, the public can be assured that that will continue to be the priority as the organisation moves forward in the weeks and months ahead. We understand that some of the allegations involve illegal use of firearms. Can I ask the cabinet secretary what measures are currently in place to ensure that firearms are only available for use by authorised officers and what further measures are being considered in light of the scandal? Michael Matheson will be aware that this is a live criminal investigation into those matters, and it would not be appropriate for me to start to get into the details of the particular investigations that are being directed by the Crown into those issues. No doubt, though, once that investigation has been completed and we know the outcome of it, we will be able to identify the reasons as to how that has come about in the first place and what measures then need to be put in place to prevent it from potentially occurring in the future, if it has happened, because there are allegations at this particular point. I assure the member that, when those investigations are completed, and if there are lessons that need to be learned and actions that need to be taken, that they will be taken once that investigation is completed. That concludes the statement on policing, and we move on to the next item of business. Apologies to Ms McAlpine that I was not able to call.