We need a public debate about Policing By Consent in Scotland

18th July 2014

From councillor Deirdre Mackay, Highland Council

‘This is Brora not Beverley Hills and it's a classic example of what we are now seeing at family events across Highland.
‘Since I first raised this issue in June the responses from Police Scotland become ever stranger.

As Cllrs we depend on detailed reports from professionals to enable us make measured, balanced decisions on a range of issues which will impact on our communities. There will be none more significant than that of guns. But we have not had this opportunity, neither has the Board of Police Scotland and neither has our national government.

When CS sprays and Tasers were introduced in Highland full reports went to the then Northern Joint Police board where members were able to fully discuss, question and scrutinise the information and go away content in the knowledge that these new measures were appropriate.

There has been no such opportunity at local government level, Police Scotland level or national government level - and this is an uncomfortable departure from democratic accountability as we know it. Appropriate decision making processes have not been enacted.

In Highland Council, across all parties and none, there was a real willingness for Police Scotland to come up with a level of evidence which would give members comfort in the decision taken. But this did not happen.

Instead Cllrs were given the opportunity, not once but twice, to meet armed officers, look at the armed response vehicle and visit the firing range. This was despite the very clear message coming from Council that the issue is neither the training nor integrity of officers, the issues are the lack of evidence to support the routine wearing of guns and the absence of a transparent decision making process.

We were also advised that there was a ‘strategic risk' inherent in the 20 minute delay of officers having to arm- which we later learned is actually around 1and a half minutes. Sir Steven House had earlier advised the Board of Police Scotland that Highland Councillors were being ‘mischievous' and ‘pursuing our own agenda’.

I have since spoken with Graeme Pearson MSP. Mr Pearson is a former Assistant Chief Constable of Strathclyde. He was also Director General of the Scottish Crime and Drug Enforcement Agency. After leaving SCDEA, he became an Honorary Professor and Head of Glasgow University’s Institute for the Study of Serious Organised Crime. A man who should know what he is talking about. It was reassuring therefore to have our stance fully endorsed. This is a policy not just unacceptable across Highland but unacceptable across Scotland.

Police Scotland has rubbed out the rules and devised a new arrangement. They have created a new Fire Arms Authority without ever discussing it with the Board. So rather than abiding by the tradition of policing by consent as we know it they have effectively created a Department of Police.

We have witnessed Sir Steven House’s diversionary tactic of mentioning an incident to which there would have been no chance of interception unless the armed police had been standing outside the premises. He also chose to ignore the fact that the armed response unit was only ever used to surround an incident while tactical negotiators did their job and defused the situation.

When was the last time there was a shootout involving armed police who happened across an armed assailant or incident, did they discharge their weapons?

So where is Kenny MacAskill in all this? The Justice Secretary is responsible for the culture of policing yet he claims that this’ is not a matter for politicians.’ Sir Steven House claims he can make any decision he chooses - truth is neither claim rests easily in a democratic society such as ours - this is worrying and it is wrong.

We need a full public debate on policing with consent in Scotland. It is not enough to say it is an operational issue this is about a fundamental principle of our legal system.

(NB Cllrs voted overwhelming against the routine carrying of guns - only 9 in favour)

Cllr Deirdre Mackay, Area Leader Caithness and Sutherland, Highland Council.