OPENNESS, ACCOUNTABILITY
AND THE RESTORATION
OF CONFIDENCE

1. That a Ministerial Priority be established for all Police Services:

"To increase trust and confidence in policing amongst minority ethnic communities".

2. The process of implementing, monitoring and assessing the Ministerial Priority should include Performance Indicators in relation to:

• the existence and application of strategies for the prevention, recording, investigation and prosecution of racist incidents;
• measures to encourage reporting of racist incidents;
• the number of recorded racist incidents and related detection levels;
• the degree of multi-agency co-operation and information exchange;
• achieving equal satisfaction levels across all ethnic groups in public satisfaction surveys;
• the adequacy of provision and training of family and witness/victim liaison officers;
• the nature, extent and achievement of racism awareness training;
• the policy directives governing stop and search procedures and their outcomes;
• levels of recruitment, retention and progression of minority ethnic recruits; and
• levels of complaint of racist behaviour or attitude and their outcomes.

The overall aim being the elimination of racist prejudice and disadvantage and the demonstration of fairness in all aspects of policing.

Accept

While there is no statutory mechanism for Scottish Ministers to set priorities or performance targets for the Scottish Police Service, Chief Constables are committed to supporting national priorities. Scottish Ministers will let Chief Constables know that they support the basic principle of Recommendation 1. Under s33 (3) of the Police (Scotland) Act, the First Minister can direct the Inspectorate of Constabulary (HMIC) to inspect certain aspects of forces' performance, and the aim of these recommendations will be one of the priorities set for future force inspections. Suitable performance indicators, based on this recommendation, will be developed and published in due course.

In addition, Scottish Ministers are examining ways of mainstreaming equal opportunities policy through public sector bodies generally.

Lead responsibility: Scottish Executive and Her Majesty's Chief Inspector of Constabulary (HMCIC)

3. That Her Majesty's Inspectors of Constabulary (HMIC) be granted full and unfettered powers and duties to inspect all parts of Police Services including the Metropolitan Police Service.

Accept

HMIC in Scotland already have full powers to inspect all parts of Scottish Police Forces. There are no current plans to broaden their remit to inspect Police Authorities, as is proposed in England and Wales. Police Authorities are subject to inspection by the Accounts Commission.

Lead responsibility: Scottish Executive

4. That in order to restore public confidence an inspection by HMIC of the Metropolitan Police Service be conducted forthwith. The inspection to include examination of current undetected HOLMES based murders and Reviews into such cases.

Not applicable to Scotland

5. That principles and standards similar to those of the Office for Standards in Education (OFSTED) be applied to inspections of Police Services, in order to improve standards of achievement and quality of policing through regular inspection, public reporting, and informed independent advice.

Accept

As part of its 1999/2000 business plan HMIC is reviewing its philosophy, strategy and inspection methodology The OFSTED policy and processes will be examined as part of the review.

Lead responsibility: HMCIC

6. That proposals as to the formation of the Metropolitan Police Authority be reconsidered, with a view to bringing its functions and powers fully into line with those which apply to other Police Services, including the power to appoint all Chief Officers of the Metropolitan Police Service.

Not applicable to Scotland

7. That the Home Secretary and Police Authorities should seek to ensure that the membership of police authorities reflects so far as possible the cultural and ethnic mix of the communities which those authorities serve.

Accept

Members of Police Authorities and Joint Police Boards in Scotland are all elected members of local authorities. There is no role for Scottish Ministers or statutory direction on the individual composition of authorities, but the Convention of Scottish Local Authorities (COSLA) has issued guidance on the desirability of balance on committees and joint boards, in terms of political balance and other factors. There are no plans to impose a statutory duty to reflect local ethnic or cultural mix in Police Authorities. However, COSLA have been consulted and have undertaken to review their guidance to determine if further emphasis should be given to ethnic balance.

Lead responsibility: Scottish Executive and COSLA

8. That HMIC shall be empowered to recruit and to use lay inspectors in order to conduct examination and inspection of Police Services particularly in connection with performance in the area of investigation of racist crime.

Accept

There is a Lay Inspector of Constabulary who accompanies the Chief Inspector in all Primary Inspections. The Lay Inspector reviews the way forces handle complaints against the police, and takes a close interest in race relation matters. In addition experts on particular subjects are used to add value to inspections where appropriate. HMIC has made contact with the Commission for Racial Equality (CRE) in Scotland, who have agreed to assist HMIC in this area in the future.

Lead responsibility: HMCIC

9. That a Freedom of Information Act should apply to all areas of policing, both operational and administrative, subject only to the "substantial harm" test for withholding disclosure.

Accept in principle

Policy on Freedom of Information for Scottish public authorities is a matter for the Scottish Executive and the Scottish Parliament. The Scottish Executive's "Partnership for Scotland" contains a commitment to the early introduction of an effective Freedom of Information regime. As announced in the Scottish Parliament on 23 June, consultation on primary legislation will commence in the autumn. The application of a Freedom of Information regime to all areas of policing will be considered as part of the development of Freedom of Information policy in Scotland.

Lead responsibility: Scottish Executive

10. That Investigating Officers' reports resulting from public complaints should not attract Public Interest Immunity as a class. They should be disclosed to complainants, subject only to the "substantial harm" test for withholding disclosure.

Accept subject to further consideration

In Scotland Public Interest Immunity is not claimed for documents because they belong to a class of documents but because disclosure would cause real harm. The Scottish Executive agrees that there is a need for complete candour in investigating officers' reports to ensure the effectiveness of the complaints system. The possible implications of the recommendation in the areas of Freedom of Information and data protection will be considered by the Scottish Executive.

Lead responsibility: Scottish Executive

11. That the full force of the Race Relations legislation should apply to all police officers, and that Chief Officers of Police should be made vicariously liable for the acts and omissions of their officers relevant to that legislation.

Accept

The Home Secretary has already indicated the UK Government's intention to implement this recommendation by amending the Race Relations Act 1976. The Scottish Parliament also has a strong interest in equal opportunities for the delivery of devolved services and the Scottish Executive will ensure that the promotion of equal opportunities is at the heart of all its policies.

Lead responsibility: Home Office

DEFINITION OF RACIST INCIDENT REPORTING AND RECORDING OF RACIST INCIDENTS AND CRIMES

12. That the definition should be

"A racist incident is any incident which is perceived to be racist by the victim or any other person".

13. That the term "racist incident" must be understood to include crimes and non-crimes in policing terms. Both must be reported, recorded and investigated with equal commitment.

14. That this definition should be universally adopted by the Police, local Government and other relevant agencies.

15. That Codes of Practice be established by the Home Office, in consultation with Police Services, local Government and relevant agencies, to create a comprehensive system of reporting and recording of all racist incidents and crimes.

16. That all possible steps should be taken by Police Services at local level in consultation with local Government and other agencies and local communities to encourage the reporting of racist incidents and crimes. This should include:

* the ability to report at locations other than police stations; and

* the ability to report 24 hours a day.

17. That there should be close co-operation between Police Services and local Government and other agencies, including in particular Housing and Education Departments, to ensure that all information as to racist incidents and crimes is shared and is readily available to all agencies.

Accept

The Scottish Executive accepts the Inquiry's definition of a racist incident and will consult on its adoption by the relevant agencies to cover both crimes and other incidents. There will also be consultation on the definition and handling of non-crime incidents. It should, however, be noted that for the prosecution of racist crimes in the courts the usual sufficiency of evidence and standard of proof will be required.

The creation of a comprehensive reporting and recording system for racist incidents will be referred to a working group of the Scottish Criminal Statistics Committee, in consultation with other interested bodies, such as local authorities and the CRE. Close touch will be kept with the development of a code of practice in England and Wales by the Racist Incidents Standing Committee.

The Scottish Executive will encourage multi-agency working at local level on the lines of models already in place in a number of police areas, notably Strathclyde's Multi-Agency Racist Incident Monitoring and Central's Racial Attacks and Harassment Multi-Agency Strategy. Such multi-agency approaches should allow incidents to be reported to other agencies than the police to provide a full picture of racist incidents. However, the police are likely to remain the main service for reporting incidents available 24 hours a day. In addition, the Association of Chief Police Officers in Scotland (ACPOS) intend to publish a Race Relations Strategy under which forces will produce local plans to encourage reporting of racist incidents.

Information sharing raises potential problems of data protection, which limits the ability of receiving agencies to release information without consent or good cause. Data protection is a reserved matter, and the Scottish Executive intends to approach the Home Office to discuss the way forward.

Lead responsibility: Scottish Executive