Police watchdog warned official not to interfere in report publication

Emails obtained by the Sunday Post show that Police Investigations and Review Commissioner (Pirc) Kate Frame rejected a suggestion that her report on the SPA's complaint handling procedures might be delayed.

The suggestion was made by Donald McGillivray, deputy director of the Scottish Government's police division, to Ms Frame in November, against the backdrop of misconduct allegations against Chief Constable Phil Gormley.

In an email to Ms Frame referencing Mr Gormley's lawyers, he said: 'I'm conscious the CC's lawyers are very active at the moment.

'Is there a risk that publication of a report that has some connection to the points that his lawyers may be considering could increase the risk to the whole process?'

He added: 'I know the new regime at SPA has an open door to improvement around the complaints process and wonder if influencing through that route might carry less risk until the CC issue has moved on a bit, especially if the content of the report crosses over with points his lawyers are raising.'

Ms Frame responded: 'I was more than a little surprised at your terms of your reply of 30th November querying the timing of its release and suggesting that I may wish instead to delay its release until 'the issue of the CC had moved on a bit'.

'My perception of your remarks is of governmental interference with my independence.'

The report, published on December 29, concluded that the SPA's procedures for handling complaints about senior police officers, and its own staff and board members, were 'neither effective nor efficient'.

A spokeswoman for the Pirc said: 'During the second half of 2017, the Pirc audited and examined the SPA's complaint handling procedures for the period between 1 April 2015 to 31 March 2017.

'The Pirc was committed to publishing her independent audit report by the end of 2017 and adhered to this schedule.

'This independence was emphasised to the Scottish Government in an email on 23 December 2017.

'The comment by the commissioner in the e-mail was made to allay any potential for perception that the Government were attempting to interfere in her position of independence.

'There have been no incidents of government interference and the release of the audit document went ahead within the planned timescale.'

The Scottish Government said there had been no involvement from ministers in the exchange, and it had become clear the report did not overlap the time period of complaints relating to Mr Gormley.

A spokesman said: 'Pirc is an independent body and has made clear that there has been no interference in the publication of this report.

'The Scottish Government has no role in either the timing or content of its reports.

'It is part of the normal role of the sponsorship function to support public bodies to consider their role in the wider context of public services.'

The emails were published at a time when Justice Secretary Michael Matheson is facing criticism over his role in the SPA reversing a decision to allow Mr Gormley, who denies the allegations, to return to work.