Police unit that ‘seriously’ breached spy code under control of chief constable candidate

The Interception of Communications Commissioner’s Office (IOCCO) is to publish its findings on the breaches made by the singe force’s Counter Corruption Unit (CCU) in due course.

Neil Richardson, designated deputy for chief constable who has responsibility for the CCU, is among three contenders for the role of chief constable, which will be left vacant when Sir Stephen House resigns from the post.

The other contenders are ex-Norfolk chief constable Phil Gormley anddeputy chief constable Iain Livingstone.

Liberal Democrat justice spokeswoman Alison McInnes MSP said: “We need answers and we need them now.”

The revised Code of Practice provides that police officers are meant to obtain judicial approval before using legislation to acquire details of phone records, emails and texts in order to determine a journalist’s source.

The code was intended to allay concerns theRegulation of Investigatory Powers Act 2000 was being abused by authorities to achieve this end.

But in July the IOCCO revealed two forces committed “serious” breaches of the code by failing to obtain judicial consent.

It was revealed by the Sunday Herald that Police Scotland was one of the forces – something the Scottish government refused to confirm or deny.

Head of IOCCO, Jo Cavan, told the Scottish Parliament’s Justice Committee a final determination could not be made before the Prime Ministerappointed a new commissioner for the watchdog.

Sir Stanley Burnton has now been appointed commissioner and the IOCCO is expected to publish its report soon.

The CCU, which is within Mr Richardson’s portfolio, is headed by detective chief superintendent Clark Cuzen.

After Sir Stephen, Mr Richardson is the highest ranking police chief in Scotland. However, there is no suggestion he was involved in the breaches.

Sources in the police believe the breaches could be subject to investigation by HM Inspectorate of Constabulary (HMICS), the Justice Committee and the Investigatory Powers Tribunal in London.

Ms McInnes said: “These are incredibly serious allegations. If Police Scotland units deliberately breached privacy rules to spy on journalists then we need to know about it.

“Police Scotland and the Scottish government can no longer stonewall people seeking answers to entirely legitimate questions.

“Up to this point, the Justice Secretary has refused point-blank to confirm or deny whether Police Scotland is one of the forces involved in this probe, or even whether he is aware of the names of the forces involved. This position is clearly no longer tenable.”

John Lamont, Scottish Conservative chief whip said: “Police spying on journalists is something a transparent society simply cannot tolerate.

“It seems this report will conclude what many have suspected. Once the findings are revealed, it’s imperative both the Scottish government and Police Scotland give firm guarantees that this practice will not be repeated.”

A spokesperson for Police Scotland said: “IOCCO has not identified any organisation currently under investigation.”

A Scottish government spokesman said: “IOCCO has confirmed it is unable to make a final determination on its investigations.

“Following Sir Stanley Burnton’s appointment as Interception of Communications Commissioner we hope this situation will be resolved shortly.”