Claims MSPs broke law in hiring police watchdog

Tuesday 14 August 2012

THE Scottish Government is investigating claims ministers broke the law when they appointed the country's independent police complaints commissioner.

JOHN McNEILL: His appointment is now under investigation.

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Magnus Gardham Political Editor

Allan Steele, a high-profile campaigner against the Government's plan for a single Scottish police force, has made a formal complaint about the appointment of John McNeill as Police Complaints Commissioner for Scotland (PCCS) in 2009.

He claims Mr McNeill was ineligible for the job because he previously served on the Civil Nuclear Police Authority.The PCCS must not have "previous connections" to the police, according to the watchdog's website. Strict rules about the PCCS's appointment are also set out in legislation.Mr Steele, a former Liberal Democrat councillor who served as provost of East Renfrewshire, warned scores of rulings would be rendered invalid if the appointment was illegal.He said: "It is a condition of the commissioner's appointment they have no previous connections to the police."The condition is designed to guarantee their independence."I believe Mr McNeill's appointment was flawed and, if so, it could be that all the decisions he has taken in his capacity as commissioner are flawed."I'm concerned because this is such a vital role."I think we are moving far too quickly towards the single police force and appointments are being made left right and centre. We have to be more careful about these appointments."Mr Steele, who also served on Strathclyde police board, is behind a formal complaint together with another person who has asked not to be named. It is being considered by Justice Secretary Kenny MacAskill, who appointed Mr McNeill in 2009.The complainants have also asked the Crown Office to determine whether the appointment broke the law.The complaint says: "The Civil Nuclear Police Authority is certainly a police body; indeed it is, by its own admission, an unusually powerful type of police body, being the employer of all its Constabulary personnel, both police officers and police staff."I therefore require a Scottish Government-led investigation into the circumstances relating to John McNeill's appointment."Former prison governor Mr McNeill was a serving member of the Civil Nuclear Police Authority when he became PCCS.The body oversees the Civil Nuclear Constabulary, the force that polices Britain's nuclear power plants.The PCCS's webite says: "It is a condition of the Commissioner's appointment they have no previous connections to the police. It is important for the PCCS to be independent from all police organisations so people can trust us to be fair and impartial."Ministers were aware of his role when they appointed him to the job, as demonstrated by a press release issued at the time.A Scottish Government spokesperson said: "We are investigating this complaint and will respond in due course."The Scottish Government is confident the appointment of Mr McNeill was appropriate and fair in line with the criteria set out in the Police Public Order and Criminal Justice (Scotland) Act 2006."It is understood ministers took legal advice at the time and were told that membership of the Civil Nuclear Police Authority was not incompatible with the PCCS role, though belonging to the nuclear constabulary itself would have been.Mr McNeill is due to step down shortly after a three-year term investigating complaints against individual police officers and civilian support staff.Scotland's new single police force is due to be up and running by next April after MSPs approved the move in June. A chief constable and members of the new Scottish Police Authority, which will oversee the force, are being recruited.In June, Mr McNeill issued an apology to Strathclyde police after wrongly ruling that two plain clothes officers had no legal right to stop a car.He said the motorway pursuit in an unmarked car was inappropriate and posed a risk to road users. But he admitted his initial ruling that the stop had no legal basis was wrong.A spokeswoman for the PCCS said: "The Commissioner was appointed by the Scottish Government who will respond to this complaint."

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Claims MSPs broke law in hiring police watchdog

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