Scottish Government knew of police spying on journalists allegations

Labour has called on the First Minister to "come clean" over the Scottish Government's involvement regarding allegations that Police Scotland has been involved in illegal spying on journalists.

The party's justice spokesman Hugh Henry was responding to claims in the Sunday Herald newspaper over Nicola Sturgeon's knowledge of the matter.

The newspaper has alleged that Ms Sturgeon was made aware of claims that Police Scotland has illegally monitored communications between journalists and their contacts before a report by the Interception of Communications Commissioner's Office (IOCCO) was published.

Mr Henry said: "If it's true that Nicola Sturgeon knew about these allegations even before IOCCO reported on this then it's extremely serious.

"The First Minister now needs to come clean on her involvement and that of any of her Ministers.

"Nicola Sturgeon can't continue to hide behind IOCCO.

"If the allegations are proven to be true then it brings into question the First Minister's judgment in giving her full backing to the Chief Constable.

"If the First Minister won't tell us today what the involvement of the Scottish Government has been, then she will have to spell out the details in answer to the Parliamentary Questions and Freedom of Information requests which I have submitted."

Police Scotland’s Counter Corruption Unit (CCU), which was behind the violation, is being overhauled behind closed doors and the division’s methods are said to be of grave concern to the Government.

Willie Rennie, the Scottish Liberal Democrats leader, repeated his call last night for a Holyrood inquiry into the controversy.

It emerged last year that police forces across the UK had used surveillance legislation to acquire the records of phone calls, texts and emails of journalists and their sources, prompting human rights concerns.

A law change, which kicked in on March 25, required forces to get judicial approval before they could use the RIPA to identify contact between journalists and their sources.

However, the Interception of Communications Commissioner’s Office (IOCCO) last month announced that two unnamed forces had broken the new Code of Practice on judicial approval.

The Sunday Herald revealed that Police Scotland was one of the forces and named the CCU – which investigates wrongdoing against officers – as the division responsible.

Police Scotland and the Scottish Government – both have which have refused to deny the breach – were under immense pressure last week to make a statement on the issue.

However, sources have given the Sunday Herald a full account of the Government’s knowledge of the breach.

It is understood the Government and Sturgeon learned of the CCU using the snooping law without judicial approval over a week before the IOCCO report came out on July 16.

The Government contacted the single force for an urgent explanation and the breach was confirmed, after which Police Scotland was asked to provide more information.

An insider said the Government has reservations about the CCU and measures have already been put in place to change the way the Unit handles RIPA issues.

The IOCCO is now investigating a transgression described as “serious” by the Prime Minister.

Justice Secretary Michael Matheson told the BBC yesterday that the Government would not comment “at this stage” due to the ongoing IOCCO probe.

Reports last week suggested the serious infringement could relate to media investigations into the unsolved murder of prostitute Emma Caldwell.

In April, the Sunday Mail published a nine-page special report into the original Strathclyde Police investigation into the case, which failed to bring the killer to justice.

The BBC also broadcast a documentary weeks after the tabloid expose.

Opposition parties now want the Holyrood Justice committee to launch its own probe.

Labour, the Liberal Democrats and the Tories are all believed to support bringing Police Scotland and Government witnesses to Parliament on the issue.

The National Union of Journalists (NUJ) is also advising reporters who write about the police to table a Subject Access Request (SAR) to the force.

A SAR gives citizens the right to all information held on them by organisations.

Paul Holleran, the union’s most senior official in Scotland, said: “We are encouraging journalists to put in these requests to the force. And we are looking to meet Police Scotland next week.”

Hugh Henry, the Scottish Labour justice spokesman, said: "If it's true that Nicola Sturgeon knew about these allegations even before IOCCO reported then it's extremely serious. The First Minister now needs to come clean on her involvement and that of any of her Ministers.

"If the First Minister won't tell us today what the involvement of the Scottish Government has been, then she will have to spell out the details in answer to the Parliamentary Questions and Freedom of Information requests which I have submitted."

Willie Rennie, the Scottish Liberal Democrat leader, said: "That the Scottish Government have known from the beginning but refuse to confirm even the basic facts shows their disregard for open government.

“This is an exceptional case that strikes to the heart of the operations of Police Scotland. That is why Scottish Ministers need to be open about what has gone badly wrong so we can learn the lessons. Police Scotland cannot be allowed to flout the rules on spying on journalists with impunity."

A Scottish Government spokesperson said: “The investigation of the reported breaches is ongoing and is a matter for IOCCO. The Justice Secretary has outlined in detail why he agrees with IOCCO that it would be wholly inappropriate to make public the identity of the two police forces while their investigation is ongoing. It is therefore not appropriate to comment further while the investigations are ongoing.”