Scottish government warned over interfering with PIRC’s independence last year

The head of a police watchdog warned the Scottish government not to interfere with her independence last year, it has emerged.

Emails seen by the Sunday Post reveal that one of Justice Secretary Michael Matheson’s staff suggested that the Police Investigations and Review Commissioner (PIRC) delay the publication of a report critical of the Scottish Police Authority (SPA).

Donald McGillivray, deputy director of the Scottish government’s police division, made the suggestion to the commissioner, Kate Frame (pictured), last November when misconduct allegation had been made against Chief Constable Philip Gormley, who is currently on special leave.

He said in an email to Ms Frame: “I’m conscious the CC’s lawyers are very active at the moment.

“Is there a risk that publication of a report that has some connection to the points that his lawyers may be considering could increase the risk to the whole process?”

He added: “I know the new regime at SPA has an open door to improvement around the complaints process and wonder if influencing through that route might carry less risk until the CC issue has moved on a bit, especially if the content of the report crosses over with points his lawyers are raising.”

Ms Frame replied: “I was more than a little surprised at your terms of your reply of 30th November querying the timing of its release and suggesting that I may wish instead to delay its release until ‘the issue of the CC had moved on a bit’.

“My perception of your remarks is of governmental interference with my independence.”

A spokeswoman for PIRC said: “During the second half of 2017, the PIRC audited and examined the SPA’s complaint handling procedures for the period between 1 April 2015 to 31 March 2017.

“The PIRC was committed to publishing her independent audit report by the end of 2017 and adhered to this schedule.

“This independence was emphasised to the Scottish government in an email on 23 December 2017.

“The comment by the commissioner in the e-mail was made to allay any potential for perception that the government were attempting to interfere in her position of independence.

“There have been no incidents of government interference and the release of the audit document went ahead within the planned timescale.”

A Scottish government spokesman said: “PIRC is an independent body and has made clear that there has been no interference in the publication of this report.

“The Scottish government has no role in either the timing or content of its reports.

“It is part of the normal role of the sponsorship function to support public bodies to consider their role in the wider context of public services.”