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Publication - Impact assessment

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: business and regulatory impact assessment

Published
7 June 2023
Directorate
Safer Communities Directorate, +1 more … Justice Directorate
Part of
Law and order
ISBN
9781805259138

This impact assessment looks at the costs and benefits of the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill.

View supporting documents Supporting documents

Summary and Recommendation

Option 1 would maintain the status quo and introduce no new legislation, failing to fully deliver the Scottish Government's commitment to improve the police complaints and misconduct landscape.

The Scottish Government considers that option 2 offers the most benefit; and responds most positively to the recommendations contained within Dame Elish Angiolini's report. Option 2 also provide the best means of achieving the policy intentions of ensuring there are robust, clear and transparent mechanisms in place for investigating complaints or other issues of concern in relation to policing in Scotland, and ensuring Scotland's citizens and communities have trust and confidence in the policing system and the structures that underpin it.

Summary costs and benefits table

Option Total benefit per annum: - economic, environmental, social Total cost per annum: - economic, environmental, social policy and administrative
1 – Do nothing
  • None
  • Would be a rejection of Dame Elish Angiolini's recommendations and commitment made by former Ministers and Lord Advocates to accept the majority of her recommendations.
  • Could signal disinterest in the importance of holding the police to account, thereby damaging the Scottish Government and Scotland's reputation.
  • Negates an opportunity to strengthen and clarify the police complaints and misconduct process and system.
  • Negates an opportunity to reconcile with those who've had a poor experience of the police complaints system.
2 – Bring forward primary legislation
  • Delivers Ministerial commitment made in 2021 to accept the majority of Dame Elish Angiolini's recommendations.
  • Delivers the 2022-23 Programme for Government commitment to introduce legislation.
  • Strengthens Scotland's policing and justice system, and reaffirms our commitment to a model of policing by consent.
  • Strengthens the police complaints and misconduct systems.
  • Provides clarity and transparency on the process for lodging complaints and how complaints will be dealt with.
  • Presents an opportunity to reconcile with those who've had a poor experience of the police complaints system.
  • Detailed in Financial Memo but estimated to be around £1.4M
  • These costs are predominantly attributed to the overall increase in costs for policing bodies, in particular PIRC and Police Scotland; some of which may be offset in part by savings for the SPA as some responsibilities transfer from the SPA to the PIRC.
  • Costs in the form of legal fees may also be incurred by former police officers and staff associations, as a result of a greater number of hearings taking place, and proceedings continuing until an outcome is reached.
  • Many of the Bill's provisions will require secondary legislation to be fully implemented. These are not considered specifically within the Bill provision costs.

Contact

Email: policeethicsbill@gov.scot

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