POLICE chiefs are threatening to stop four officers from being questioned by a powerful Holyrood committee as the fall-out over a data-beach controversy which has embroiled the national force continues.
Senior officers are seeking legal advice after the Scottish Parliament's justice committee summoned the officers to answer questions about how they investigated the leak of confidential details of a murder inquiry to a newspaper.
The potentially damaging dispute between Police Scotland and MSPs threatens to cause a constitutional row over whether politicians have the right to question serving officers about operational matters.
MSPs believe the officers can cast light on how Police Scotland's Counter-Corruption Unit came to breach new data guidelines designed to protect journalistic sources.
But senior figures in Police Scotland, which is currently without a chief constable, believe that such questioning would amount to unprecedented political interference in operational policing.
Chief Superintendent Andrew Morris said: "We can confirm that four officers have been invited to attend the Justice Committee on January 12. We are currently considering the invitation."
Insiders stressed that Mr Morris's wording is highly unusual.
The force in the past has always immediately agreed to send officers to Holyrood to be questioned by politicians, but these have been chief officers with public accountability roles rather than serving operational ones.
Deputy Chief Constable Neil Richardson, who is currently in charge following Sir Stephen House's departure, said in a letter to the committee seen by The Herald that he is seeking legal advice on whether his officers have to attend.
Mr Richardson himself appeared before the committee on Tuesday.
He told MSPs that the breaches had been a "mistake" he blamed on one officer's "misinterpretation" of new guidelines, the speed of their introduction and insufficient training.
However, Independent MSP John Finnie said Mr Richardson had "failed in his responsibility" for ensuring officers complied with the changes.
He defended the summons, saying he would not seek to ask about live investigations or any potential disciplinary proceedings.
Mr Finnie said: "This is a matter of public interest. Any citizen, including police officers, has the right to know that his or her privacy is being respected.
"We have to see the whole picture about these data breaches and understand the chronology."
Asked whether it was appropriate for operational officers to speak before MSPs, he added: "Nobody should be allowed to hide behind titles."
Mr Richardson, as the most senior of the Chief Constable's deputies, was in charge of disciplinary matters.
On Wednesday, he told a meeting of his main civilian watchdog, the Scottish Police Authority, that there had been five breaches of journalistic source rules and that these all referred to a single inquiry.
This inquiry was in to the leaking of confidential information, a criminal offence, in to the investigation of the 2005 murder of a Glasgow prostitute Emma Caldwell.
A newspaper named and pictured a man it said was a suspect in the case. In response, the Counter Corruption Unit looked at the communications data of serving officers, including two phone bills, in an effort to discover who had spoken to an intermediary passing the information on to the newspaper.
Since March, police have had to seek judicial approval to identify journalistic sources.
Last month, Sir Stanley Burton, the Interception of Communications Commissioner, said Police Scotland had contravened the relevant Code of Practice on five occasions.
The body that represents three of the four officers is deeply concerned that its members being named in parliament.
Niven Rennie, president of the Association of Scottish Police Superintendents, described the committee questioning as following "an agenda being set by our national press".
He added: "Some of the questioning was more robust than usual.
"That in itself is not a concern.
"What is a concern to our association was the release of the names of individuals who work in a particularly sensitive area of policing into this public domain."
Mr Rennie has written to Holyrood's presiding office to question the process. In a blog on his association's website, the officer added: "We are not alone in holding such views."
The committee has the power to compel the officers to attend. It has not done so as yet.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel