Politicians can’t make laws and give orders

There is immense irony in the fact that a government whose main aim is to secure independence for Scotland is, by a purely political decision, seeking reform of the police that will create a situation whereby that service will be denied the essential independence and impartiality which has been a guarantee that the public are served by an apolitical organisation whose operational autonomy has ensured that law enforcement is not governed by partisan politicians.

This independence has been a vital part of our unwritten constitution that has shared total non-alignment with the justice system in Scotland and enjoyed public confidence. This proposed change will result in the concentration of power in too few hands and with any change of government will come a change of policing priorities with no certainty that this will be in the public interest; continuity and stability will be compromised.

The proposal to amalgamate the eight Scottish police forces is one that should be resisted because it is a direct threat to an independent and impartial police service which is seen by many as part of the bedrock of democracy. The assertion that it is a way of saving nearly two billion pounds over 15 years is open to question but that in itself is neither a convincing nor necessary argument for interfering with the maintenance of a non-partisan public service that has the primary responsibilities of maintaining the Queen’s Peace and protecting and serving the public.

There can be no argument against insisting that the police service should be both effective and efficient and the service must not resist calls to demonstrate these values and to satisfy the public and legal requirement for transparency and accountability. However it should itself be aware of how dangerous it can be to allow the diminution of its operational independence by the creation of a potentially politically dominated service under the direct control of the minister for justice.

Policing must not be anything other than an all embracing public service, the policies and practices of which cannot depend upon the vagaries of an election and the sometimes fragile majorities created at the ballot box. Law enforcement and community policing must be open, even handed, fair and efficient and the police service must never be, or be perceived to be, an arm of the State acting under its operational direction and control. That is a major danger that exists with a National Police Service.

However well-intentioned the proposal to amalgamate the forces, and whatever committee or authority is placed between the Scottish Government and the service, there is always the danger that ultimately one chief constable will become directly answerable to one politician upon whom his/her future will depend. Accountability will not be to the public and most certainly it will not be directly to local government; the present tri-partite systems of control will be replaced by a linear one directly from government.

No matter how professional the Chief Police Officer may be, the position will be vulnerable to undue political influence and the choice of Chief Officer will become limited to those who find government favour and who are not prepared to rock the ship of state. Further, that officer will not be subjected to professional challenge by equals who are chiefs of other forces but perhaps only by the subordinates who may be courageous enough to stand up to a person on whom their professional progress may depend.

When the last Royal Commission on Police reported nearly 50 years ago it was concerned to ensure that policing should be an independent, impartial and all embracing public service and the Home Secretary of the day, RA Butler, endorsed that view by saying: “I am quite convinced that it would be wrong for one man or one government to be in charge directly of the whole police of this country. Our constitution is based on checks and balances. This has kept our liberty through generations.”

For many years now the police service has favoured a Royal Commission to examine the constitutional position of the police and to scrutinise its role and responsibilities for the 21st century. Successive governments have always resisted this on the grounds that Royal Commissions are costly and take too long to reach conclusions; nevertheless, the police service is an essential and enduring organisation and it is necessary to take time to consider major constitutional changes which may have unforeseen and damaging consequences.

Such significant change should enjoy the support of the public and should not be enforced at the whim of one political party whose majority could soon evaporate. Significant issues of constitutional importance must be handled with care and respect and all arguments must be weighed carefully and supported cross party before changes that could not easily be reversed are implemented.

The Scottish Government would do well to ensure that its policies on change are based on constitutional need and not because they are alleged by some to make “good economic sense”. Currently there are indications that 54 per cent of the general public do not favour total amalgamation of the Scottish forces: this is hardly grounds for significant constitutional change. Any change of this importance ought to be supported by at least a 75 per cent parliamentary agreement after proper public consultation.

Naturally financial savings are particularly important during an economic crisis, but good and efficient management should always bear this in mind even in times of plenty and it is part of the shared responsibility of central and local government and the Chief Constables. Regrettably there are many examples where financial control has not been as efficient as it should have been but that is something that is relatively easily remedied without resort to unseemly and unconvincing political haste

In recent times the Scottish police service has operated with many of the benefits accrued from common training and has functioned when necessary by means of mutual aid as a national service; the classic example of this was the disaster that struck Lockerbie in the smallest police area, Dumfries and Galloway, when the destruction of Pan Am Flight 103 occurred.

One of the considerations discussed was the possibility that the eight forces be reduced to three or four and there is merit in this as it is clear that the contrast between the largest non-metropolitan force in Europe and the smallest force in the UK operating side by side is not the most effective policing option. Such an arrangement would ensure that the difficulties associated with a national force could be avoided and the remoteness of a single Chief Constable would be prevented. There would be healthy competition to maintain high standards and a level of professional debate that would continue to thrive and bring about any necessary changes or improvements after due consideration by equals.

There is no doubt that policing arrangements in Scotland could be improved and the way to achieve the best public service arrangement would be to establish a broadly based commission of enquiry chaired by a judge with a brief to examine the policing and public needs of this service during the 21st century. Such an arrangement could ensure a thorough examination of policing priorities, appropriate staffing levels, and the most efficient way of guaranteeing public accountability.

It could also ensure that those who oversee the policing function are appropriately trained to do so and would have the necessary information to enable them to make accurate assessments of police performance and operational needs. Recommendations should be made to the Scottish Parliament and there should be a requirement that any constitutional changes should enjoy at least a 75 per cent majority and not come about as part of a party political policy and unsubstantiated assertions that changes make good economic sense.

l Ian Oliver was the Chief Constable of both Central Scotland and Grampian Police, served in the Metropolitan and Northumbria Police, was twice elected President of the Association of Chief Police Officers in Scotland, was the International Vice President of the International Association of Chiefs of Police and is the author of Police, Government and Accountability published in two editions by MacMillan.