EXCLUSIVE

By Paul Hutcheon

THE country’s police watchdog is in turmoil after five board members were revealed to have raised concerns about the competence of its chairman to the Scottish Government.

Vic Emery, the Scottish Police Authority (SPA) chair, was also accused making inappropriate comments about senior figures in policing and government, including Justice Secretary Michael Matheson.

Emery told the board that the Government had not substantiated the claims, but announced his departure from the watchdog on the same day.

The single police force is judged to be in crisis over a spate of rows involving controversial policies like armed policing and stop and search.

Police Scotland is also facing serious questions about the death in custody of Sheku Bayoh in Fife and for not following up a call for three days about a car crash on the M9.

Two people died following the road accident.

The SPA, led by Emery since 2012, is tasked with monitoring and evaluating the force’s performance.

An explicit part of its remit is to hold to account chief constable Stephen House, who has been urged by political leaders to bring forward his retirement and quit immediately.

However, although Police Scotland is under immense pressure, this newspaper can reveal the SPA has been embroiled in a bitter civil war for two months about its chair.

Between May and June, five members of the SPA – which at that point comprised around 45% of Emery’s board – raised concerns about him to the Government.

The five were:

- Former Borders council chief executive David Hume

- Ex Judicial Complaints Reviewer Moi Ali

- Brian Barbour, a IT expert who spent almost 40 years working for Standard Life and IBM

- Douglas Yates, an ex police officer with almost 30 years experience

- Lisa Tennant, a businesswoman who sits on the panel of the Scottish Solicitors Disciplinary Tribunal

It is understood the five individuals did not make exactly the same claims, but they questioned the competence and capability of Emery.

Examples were also given of allegedly inappropriate remarks made by the chair.

The claims prompted a high-level probe by Paul Johnston, who is the interim director-general of the Government’s Learning & Justice directorate.

Johnston was previously the Government’s Director for Safer Communities and had responsibility for policy areas such as police and fire.

The senior civil servant questioned board members and SPA staff as part of his investigation.

On July 8th, at a meeting of board members at Pacific Quay in Glasgow, Emery is said to have read out a written statement and named four of the five individuals who raised concerns.

He is also said to have informed his colleagues that the Government had not substantiated the claims, as well as announcing that he would stand down in September for reasons including the internal row.

Minutes after the summit, the SPA put out a statement in the chair’s name announcing that he would not seek re-appointment:

“The relationship between the Chief Constable and the Chair of the SPA is a key one. I believe that the best way for that crucial dynamic to be forged would be for the Chair appointing the new Chief to have the opportunity to progress the appointment process and have the appropriate tenure to develop that key governance relationship going forward.

“I also want to thank fellow board members and staff at the SPA and Police Scotland who have been instrumental in the reform journey so far.”

An SPA insider said, regardless of whether Emery had stayed in post or left, the SPA now had a “fractured” board.

Scottish Conservative MSP Alex Johnstone said:

"To say that the SPA has had a tumultuous time over the past two years would be an an almighty understatement.

"Under the SPA's current leadership, Police Scotland has had worryingly little oversight, allowing issues such as stop and search, the arming of police and control room closures to come to the fore and rocking the public's confidence in its police force.

"The last thing Police Scotland needs at this time is murky speculation about the very body that's supposed to oversee it."

Liberal Democrat MSP Alison McInnes said:

"The SPA should have a vital role to play in scrutinising our police force. It is safe to say that on issues like the routine deployment of armed police and stop and search the watchdog was behind the curve. We need the SPA to be focussed on doing it's job, not internal squabbling.

"News that board members were among those raising concerns over the organisation demonstrate clearly how serious this situation has become. SNP ministers created the SPA and they need to take an urgent look at how we can ensure that Police Scotland are properly accountable for their actions."

A spokesperson for SPA said:

"SPA is aware that certain concerns relating to the Chair were raised recently by some SPA members. The Scottish Government has investigated these allegations thoroughly. The conclusion of the investigation was that the allegations were not established.

"By September of this year Vic Emery will have completed his full term as SPA Chair. His decision not to seek reappointment was influenced by his desire to allow the next Chair of the SPA to play an instrumental role from the outset in the succession process required in appointing Police Scotland’s next Chief Constable."

The spokesperson declined to comment on Emery’s comments at the July 8th meeting.

A Scottish Government spokesman said:

"We believe everyone holding public office should adhere to the highest standards of propriety. The complaint made in relation to the Chair was examined in detail and was not established.

Emery said: “These allegations were made, investigated by the Scottish Government and found to be not proven.”