 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, and I call on Michael Matheson's statement. Cabinet secretary, 10 minutes are thereabouts, please, thank you. Thank you, I'm grateful for the opportunity to update Parliament on leadership in Police Scotland and the Scottish Police Authority. Following the announcement last week that the chief constable was to take a temporary leave of absence, until investigations into his conduct conclude. I recognise that these investigations and his absence will create a degree of uncertainty. I'm therefore pleased that Deputy Chief Constable Ian Livingstone has reconsidered his plans to retire in autumn and will continue in post to provide leadership to Police Scotland in the chief constable's absence. DCC Livingstone, at Police Scotland's Deputy Chief Constable Desgnate, has over 25 years experience in policing and is held in high regard by officers of all ranks. As DCC Desgnate, he has all the powers of the chief constable during his absence. DCC Livingstone is one of a number of experienced officers in Police Scotland's team, including DCC Rose Fitzpatrick, who celebrated 30 years in policing last week, serving three different forces. More recent appointments such as DCC Johnny Gwyn and Deputy Chief Officer David Page have further boosted the capacity and capability of Police Scotland's senior management team. All eight assistant chief constable posts appointments are currently filled. DCC Livingstone's assessment of the leadership situation is that Police Scotland has a strong and resilient command team in place, who are supported by thousands of dedicated and hardworking police officers and staff who remain committed to providing an excellent service. This is my assessment that the success of Police Scotland does not rely on one individual for a strong and experienced senior leadership team and on the professionalism and dedication of many thousands of police officers and staff at all levels. Police Scotland, as the second biggest force in the UK, has a breadth and depth of experience that is almost unparalleled. Let me now turn to the complaints that have been made against the chief constable. I am sure that members will understand that it would not be appropriate for me to comment on the specifics of any complaints while independent investigations are on-going. I respect the chief constable's decision to request a temporary leave of absence while the matters are being investigated and that the Scottish Police Authority agreed to his request. There is a clear process in place through the Police Service of Scotland senior officer conduct regulations 2013 to handle these complaints and it is important that this is able to take its course. The chief constable has confirmed that he will co-operate fully with the process. I urge all members to show restraint and avoid making assumptions about what the investigations may find or conclude. I also want to reassure Parliament, in light of recent commentary, that I do not see any immediate impact on the programme to integrate the British Transport Police in Scotland into Police Scotland. That programme is being led by the Scottish and UK Governments through a joint programme board that includes a wide range of organisations with a role in delivery. Work within Police Scotland has been taken forward under the leadership of assistant chief constable Higgins and they are currently in the process of strengthening their programme management arrangements. The proposed date for integration is April 2019 and I see it as very premature to suggest that there will be any impact on that timetable. As you will be aware, two key changes are taking place within the Scottish Police Authority's senior leadership. Andrew Flanagan will leave his role as SPA chair once his successor has been appointed and that process is well under way. The post was advertised on 21 August and applications closed on 21 September. Interviews are scheduled to take place in October and I would aim to make an announcement as soon as possible after that. The fact that the chair has agreed to stay until a successor is appointed and the creation of the SPA deputy chair role, which is being ably filled by Nicola Merchant, will help to ensure that there is a smooth transition to the new chair and that there is no gap in leadership. The wider board contains a range of expertise and experience that is ensuring that business continues to be progressed. The chair's post is a public appointment and is regulated by the commissioner for ethical standards in public life in Scotland. A number of party spokespersons have indicated a desire to play a role in the current appointment round for the chair of the SPA. Their preference is for the responsibility for making the appointment to be delegated to Parliament. However, it is a statutory requirement of the Police and Fire Reform Scotland Act that Scottish ministers appoint the chair of SPA. The situation is not the same as for the post of the Scottish Information Commissioner role, where the role of Parliament is set out explicitly in the relevant legislation. Nevertheless, as I mentioned to some of the party spokespersons last week and as the First Minister stated at First Minister's questions, the Scottish Government is not unsympathetic to the Parliament's wish to have a role in the appointment. I have instructed officials to explore with the office of the commissioner for ethical standards in public life in Scotland whether there are any options for involving Parliament in a way that would be compatible with the code of practice for ministerial appointments to public bodies in Scotland. I will be in touch with just the spokespersons within the next few days to discuss what might be possible within the framework of legislation and the code. Over the summer, the SPA chief executive officer, John Follie, announced he will be taking early retirement. This follows the HMICS review of forensic services and the associated changes being made to that service, which will now report directly to the SPA board. The chief executive officer has agreed to remain in post until the completion of the SPA accounts for 2016-17. The SPA has started the process to recruit an interim chief officer on a 12-month appointment. Parliament will recall that I have commissioned a review of the executive of the SPA to ensure that the board is getting the support and advice that it needs to fulfil its functions effectively. The review is being led jointly by the SPA deputy chair and Malcolm Burr, chief executive of Western Elw's council. The review expects to report in the autumn. However, the interim appointment of the chief officer will allow the new chair of the SPA time to consider the outcome of the review and the second phase of the HMICS thematic inspection of the SPA before making a permanent appointment. There will be no gap in SPA leadership. Recruitment is under way for both the chair and the chief executive. The Scottish Government and the SPA are working to clear time scales to make appointments, and the current chair has agreed to remain in post until successor is found. Let me finish by once again paying tribute to police officers and staff. We have a dedicated workforce that is focused on keeping all of our communities safe, providing an excellent service to the public every day. DCC Livingston is a very able and experienced officer who commands the respect of that workforce. He is also part of a strong and resilient leadership team within Police Scotland. I am actively working with the SPA and Police Scotland to support them through this period and stand ready to help them in any way that I in this Government can. The minister will now take questions. We have at least 20 minutes, possibly more. If members wish to ask a question, I encourage them to press their request to speak buttons now. I call on Liam Kerr. I thank the cabinet secretary for advance sight of his statement. At the outset, I would like to thank all of our officers and staff for their continued professionalism and dedication during this time of uncertainty. There have been a catalogue of failures, both at Police Scotland and the SPA, since the single force was created. The cabinet secretary's standard response is that he does not interfere in police matters. However, when the report card reads, one chief constable apparently removed by the Government, another under investigation and on leave of absence, three SPA chairs stepping down in four years, a catalogue of errors arising from the control room centralisation, although for the record I am aware that the staff are doing their absolute best, consistent financial mismanagement and a culture of cover-ups and secrecy, surely the time is long overdue for the cabinet secretary. That structure was the brainchild of the SNP, and it came about on this Government's watch. What will the cabinet secretary personally do to ensure that we are not here again in three months' time? For a moment, I thought that we were going to get something constructive from the Conservatives on supporting our police officers in Scotland, but as I ever was lacking. We have a very dedicated police force, and we have a strong leadership team within Police Scotland, who I am confident will take the organisation forward. I am also confident that the process that has been put in place to consider the issues relating to the chief constable will be taken forward in an appropriate way as set out within the police regulations. As I said in my statement, there is a range of work that has been taken forward around some of the issues that the member made reference to. For example, the way in which the SPA is operating, there is a review of that being carried out at the present moment. He makes reference to call handling. Clearly he is completely unaware of the work that has been carried out under my direction by HMICS in order to improve the way in which call handling has been taken forward. If he cares to read the most recent assessment of how call handling has been taken forward in Police Scotland, which came from the HMICS, he would see very clearly that it has improved significantly from the way in which the process has been taken forward. I can assure the member that we will continue to support Police Scotland in moving the organisation forward as has been set out in its 2026 vision in making sure that we have a police service that serves the people of Scotland effectively and keeps people safe. Clare Baker, to be followed by John Finnie. Thank you, Presiding Officer, and thank you to the Cabinet Secretary for Advanced Copy of the Statement. In the four years of Police Scotland, this Government has lost two chairs, a chief executive, and we are now on our third chief constable. The past year, we have seen critical report after critical report, which has culminated in the vacuum of leadership that we are now facing. It is in a disgrace that Scotland's police force has reached the state of affairs under the SNP's watch. This situation requires scrutiny. The chief executive of the SPA has announced his early retirement. When will we know the details of his financial package? Up until last week, the chief constable was staying in post. Was the cabinet secretary consulted about the chief constable's application for a temporary leave of absence? The number of air exits from the SPA suggests a flawed appointment process in need of reform. There is consensus in the Parliament for robust parliamentary scrutiny and appointments. Will the cabinet secretary commit to review and legislation, if necessary? Let me try to pick up on the three points that the member has made reference to. The first was in relation to the financial package for the departure of the chief executive of the SPA. As the SPA announced at the time, it will publish the details of that once the chief executive of the SPA has left. It is in line with the standard public sector retirement package for someone in that type of post. That information will be placed in the public domain once the person has left the organisation. The second issue is about the chief constable's leave of absence. I should correct the member that we have had two chief constables. We continue to have a chief constable for Police Scotland, which is Phil Gomley, who continues to be in post, although he has a period of leave of absence. The decision in relation to those matters is a matter for the SPA in deciding how to deal with conduct matters. Any request for a leave of absence goes from the chief constable to the SPA. The decisions in relation to that are made by the SPA board. That is exactly what happened last week in making that decision. On the member's final point regarding the appointment process for the chair of the SPA, as I indicated to her last week, I am sympathetic to the request. However, the legislation is very clear about the process. That is why, as I set out in my statement, we have been engaging with the public appointments and the ethical standards commissioner to look at what process could be put in place in order to try and facilitate some parliamentary involvement at this stage. I should also advise the member that this is a process that has already started. It is a process that has not only started where applications for the post have been received on the basis of the approved process from the commissioner for ethical standards, but that is why we have engaged with them to try and see if there is a way in which we can facilitate that within the existing legislation and within the existing code. That is where I am happy to explore with the member later on this week once we have had feedback from the commissioner. Johnathan needs to be followed by Liam McArthur. I would first like to comment on DCC Livingston, an extremely able officer. It is significant that he commands the respects of the workforce. That is very much the case. He has to be commended for setting aside detailed personal plans to step in and do an important duty here. The leadership team is sound. I think that Police Scotland's structure is sound. I do not think that the case is the scrutiny of it at Scottish Police Authority level. You have mentioned the review. Can you see what role you see for Parliament as a result of that review when it is concluded? Do you agree with me that there should be a greater role for local police committees in the whole structure? I welcome the member's contribution to the issue. I know that he has a depth of knowledge about policing matters, given that he is a former police officer. The review that has been carried out just now by the Deputy Chair, Nicola Merchant and Malcolm Burr, the chief executive of West Nile's Council, is to look at the existing structure supporting the board and the executive function of the SPA. That is due to report in autumn. The intention is that that report will come to me. I will ensure that a copy of that is made available to Parliament. It will then be for the new incoming chair of the SPA to consider that, alongside the thematic inspection that the HMICS has said that it will conduct later on this year. To then determine how it can ensure that the structure in supporting the board and its role and the way in which it operates with Police Scotland is the most effective possible. I recognise that there is room for improvement. The reason that I instructed the review was to look at how we could achieve that much more effectively. I have no doubt that one of the committees of this Parliament, whether it be the Justice Committee or the Police and Subcommittee of Parliament, will want to explore that with the SPA and those who are the authors of the report. There is no doubt that I will ensure that a copy of that report is submitted to Parliament. Any parliamentary engagement around that issue is one that I would very much welcome and one that I would encourage. Liam McArthur, to be followed by Rona Mackay. Thank you, Presiding Officer. I also thank the cabinet secretary for early sight of his statement and, indeed, for exceeding to my party's request for that statement. However, the statement can best be characterised as crisis for crisis. Can the Justice Secretary confirm that he had no involvement in the chief constable's decision to step aside? Given the earlier refusal to stand aside, what does the cabinet secretary think has changed that has resulted in the recent decision now to stand down? I was not involved in the decision for the chief constable to decide to ask for a period of exceptional leave. That was a request that went from the chief constable to the SPA, and the SPA board considered that matter. There is no ministerial involvement in that particular process. I can say to remember that I am determined to make sure that we provide the necessary support to Deputy Chief Constable Livingston during this particular time, and to make sure that the SPA provides the necessary support to the Deputy Chief Constable over the coming weeks and months. The time frame for that process going forward around investigating the issues of complaint regarding the chief constable is a matter that will be taken forward by the public. Therefore, the time frame is somewhat uncertain at this stage. I can assure the member that I will continue to give the Police Scotland and the SPA what support I can at this particular uncertain time for the service. Rona Mackay, to be followed by Margaret Mitchell. While acknowledging that there is always room for improvement, does the cabinet secretary agree with me that record low levels of crime demonstrate that Police Scotland is delivering robustly and providing a comprehensive service in communities across Scotland? I am always recognised that, within politics and Parliament, there is always the usual political tone fro that can go on, and policing can be part of that. The reality is that our police service in Scotland provides a very high standard of service to the public of Scotland, and it provides a service that has achieved what is that, a 42-year low in recorded crime. I have no doubt, given the dedication of police officers that I meet on a daily basis and the staff who support them, that they will continue to provide an excellent service. I am very sure that, under the existing leadership of the Deputy Chief Constable, that will continue to be the case in the weeks and months ahead. Margaret Mitchell, to be followed by Stuart Stevenson. The cabinet secretary states correctly that the success of Police Scotland crucially relies on a strong and experienced senior leadership team and the professionalism and dedication of many thousands of police officers and staff. However, given the comments of SPF General Secretary Cullum's steel that the same workforce is, I quote, scunnered, regularly disregarded and ignored, what is the cabinet secretary doing to resolve this, and in particular, to achieve the effective standard of communication at all levels of Police Scotland that has been talked about relentlessly but never realised? The member may be aware that one of the pieces of work that has been taken forward within Police Scotland is the issue of improving the way in which it meets the wellbeing needs of its officers and staff. The person who has been leading that piece of work has been DCC Livingston, an area that he sees as a priority within the organisation, making sure that it is addressing the needs of its officers and staff much more effectively, taking into account their views much more effectively as well. That has been one of the major pieces of work that he has taken forward over recent months. I think that that in itself is an illustration of not only Ian Livingston's commitment to this particular area of improving the welfare needs and making sure that it addresses the needs of its staff and its officers, but it also demonstrates the will of the organisation to address some of those matters. I have got every confidence that that will continue to be the case when DCC Livingston is heading up the organisation in the next couple of weeks and months. I declare that I have a close family member who serves in the Scottish Police Service. Does the cabinet secretary agree that we require the highest standards of personal integrity for everyone who works in the police service? I understand that the cabinet secretary will be addressing the Scottish Police Service ethical conference Tuesday next week. Does he expect that he will be able to congratulate all who attend on the continuous high standards of ethical behaviour, the commitment to public good that is exemplified by all but the tiniest of tiny minorities in the police service? I am impressed that the member has such insight into my diary for the coming week, but I can assure the member that I am attending that particular conference to address on ethical standards within policing. The reality is that the vast majority of our police officers and staff hold very high ethical standards in discharging their responsibilities. I would expect that of not just police officers and staff, but anyone in the public sector and beyond. I have absolutely no doubt that that will continue to be the case with police officers and staff within Police Scotland as the organisation moves forward. Mary Fee, to be followed by Ben Macpherson. A late report last week confirmed what we already knew to be the case, that the SNP's merger of the British Transport Police into Police Scotland lacked a detailed business case and was politically motivated. The rail unions have called this merger ludicrous. The workforce do not support it and the continuing disarray at the top of Police Scotland has done nothing to reassure them that they are being moved into a stable organisation. Is it not the case that the Government is in total denial when it comes to fundamental weaknesses in the case for integrating the British Transport Police into Police Scotland? Is it not the case that this merger should be stopped and stopped now? The answer is no. That is not the case. Are there challenges? Yes, of course there are challenges. There are always challenges when changes of this nature are being taken forward. No doubt there will be significant challenges when the UK Conservative Government will go ahead with the abolition of BTP and merge it with civil nuclear and with MOD policing and create infrastructure policing. I suspect that that will cause even further difficulties in how some of those challenges are being met. I am confident that, having reflected on the matter that I do not see, as I said in my statement, that this will have any impact on the existing timetable. I say to the issue about the idea that this was politically motivated. Given our submission to the Smith commission set out very clearly the reasons why we believe that it should become the responsibility of this Parliament and that it should be integrated into Police Scotland, it should come as no surprise to anyone that that is this Government's view. Given that we have set it out on a number of occasions previously, why we believe that a single command structure for infrastructure policing in Scotland will help to ensure that we can deliver greater security on our railways with that single overriding command structure is one that I think we have set out on a number of occasions a peining at committee and also in the debates that we had in this Parliament. I am confident, as I said in my statement, that it will be very premature to consider that the existing work that has been taken forward around integration of BTP into Police Scotland will be affected by the present situation with the chief constable having a leave of absence. Ben Macpherson, to be followed by Gordon Lindhurst. Thank you, Presiding Officer. Regarding the complaints that have been made against the chief constable and the chief constable's decision to request a temporary leave of absence while the matters are being investigated, does the cabinet secretary agree that complaints made internally in Police Scotland should not be politicised, as this can prevent both those making the complaint and those accused from being heard in a fair environment? I think that the member has raised a very important issue because there have actually been some questions here already, where it feels to me as though some members are jumping to conclusions around the future of the existing chief constable. I think that it is incumbent on us all to allow the process for dealing with those complaints, which are set out in police regulations. Again, police regulations, which were part of the sub-leg process in this Parliament, is allowed to conduct to its course and that we should not jump to conclusions until that process has been completed. I think that it is only fair, Presiding Officer, that members are careful in expressing their views around this matter, given that due process has still to be completed. Gordon Lindhurst, to be followed by Monica Lennon. The chief constable has taken a temporary leave of absence so he is not currently acting as chief constable. DCC Livingston was to retire, he now presumably is temporarily acting in place of the chief constable. Andrew Flanagan is about to leave as the SPA chair and I think that John Foley, the CEO of the SPA has just announced retirement. From the individual professionalism and commitment of the individuals in Police Scotland, does that not give the public an impression of an effectively leaderless force as matters currently stand and surely on any view it is time to stop, take stock and reconsider whether or not this is the point at which the British Transport Police integration should go forward? I think that the member may have slightly misunderstood the process within policing. The deputy chief constable would designate as the person who has the authority to act as a chief constable in the absence of the chief constable. If they are on leave, if they are on sickness, absence or for any other purpose, they have the authority and the ability to fulfil that function. It is a legally defined post and the person who carries that post is the deputy chief constable designate, Ian Livingston. He was the designate prior to the chief constable taking a leave of absence and he is now fulfilling that role. The member should be clear about the process and that process is a well-defined one and one that is set out in statute. In turning to his issue about leaderless organisations, the chair of the SPA and the existing chief executive officer of the SPA remain in post and the chair of the SPA will remain in post until his successor is found. That organisation continues to have its chair and its chief executive. Both of the processes for finding their replacements have already started, one of which is well on its route to establish a new chair of that organisation. I hope that I reassure the member that the leadership remains in those organisations and the process to identify the replacements has already started. Monica Lennon, to be followed by Marie Toll, Monica Lennon. In the most recent evaluation report of police and fire reform, officers warned of low morale with strained budgets and resources meaning that they are constantly expected to do more with less. Is the cabinet secretary concerned to hear this and if so, what is the remedy? I recognise some of the financial pressures that Police Scotland is experiencing. That is why, in this Parliament, we have committed and we are the only party at the last Scottish parliamentary elections to commit to protecting the police budget in real terms. That will allow us to invest an extra £100 million into our police service here in Scotland. Alongside that, we have also increased the police reform budget in order to allow the police to continue to invest in areas to improve their efficiency. To improve the way in which they can operate as an organisation. That demonstrates the commitment that we have as a Government in making sure that we provide the financial resources necessary to Police Scotland. Of course, that could be aided by the fact that the UK Government could change the VAT rules so that the £25 million a year that it costs our police service here in Scotland and the £10 million a year that it costs our fire service here in Scotland is unable to recover VAT. The only territorial force and only fire service in mainland UK that is not able to recover VAT would help considerably to supporting some of the financial pressures that the organisations currently face. To date, the Conservative Government at Westminster has been unwilling to do so. Typical of them, they are not interested in Scotland but need matters to change the rules when it suits them. You can be assured that not only are we making the financial commitment into Police Scotland, we will continue to fight our corner here in Scotland against a Conservative Government in London who are depriving them of the ability to reclaim that VAT money. Maurice Corry Does the cabinet secretary agree that DCC Livingston's decision to delay his plans to retire in order to take over leadership of Police Scotland demonstrates the commitment of officers and staff throughout Police Scotland? I have known DCC Livingston for a number of years now and I know that he has a very strong reputation for his commitment to policing in Scotland. I welcome his decision to remain at Police Scotland and to continue in his role as Deputy Chief Constable Designate. As I mentioned earlier in my contribution to the chamber, we will offer him what support and assistance we can in the weeks and months ahead. Maurice Corry I welcome the cabinet secretary's undertaking to ensure that this Parliament has a role in the appointment of the new chair of the Scottish Police Authority. Can the cabinet secretary provide more detail on his preference for what that role might be? As I mentioned, officials have already engaged with the commissioner for ethical standards on what those potential options could be. As I gave a commitment, I will meet with party spokespersons later this week to set those out and to discuss them in more detail. James Dornan Can the cabinet secretary guarantee that the issues that are currently being dealt with by Police Scotland will not have any impact on the delivery of policing in 2026? James Dornan Policing 2026 sets out the first national strategy for policing in Scotland. It sets out a range of very detailed ambitions that the organisation has in making sure that it delivers an effective policing service in Scotland in the next 10 years. Police Scotland is already undertaking a significant amount of work around the delivery plan for achieving that vision. I have assurance that that work will continue in the weeks and months ahead. I have no doubt that, given that the DCC Livingston was heavily involved in that process, it will continue to be involved in that process while he is carrying out the functions of the chief constable during his leave of absence. The cabinet secretary and all members conclude our statement on policing. Given that we are slightly ahead of business as planned, I am minded to accept a motion without notice to bring forward decision time to now. The minister has moved a motion that we bring forward decision time to now. The question is that we bring forward decision time to now. Are we all agreed? We are all agreed. Members will be delighted to hear that there are no questions as a result of today's business. We will move on to the next item of business, which is members' business. In the name of Kate Forbes, I would ask all members just to leave the chamber quietly. We will just take a few moments to change seats.