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GONE EXEC’IN: Scottish Police Authority Chief Executive takes early retirement with pay-off, following resignation of ‘Kremlin’ Chair Andrew Flanagan – discredited board & Vice Chair who backed secretive top duo remain in posts

Chief Exec. John Foley retires from discredited Police quango. THE Chief Executive of the embattled Scottish Police Authority (SPA) is to take ‘early retirement’ – with an as-yet undisclosed pay off for leaving the crisis hit Police governance quango which oversees the running of Police Scotland.

John Foley – who faced heavy criticism along with SPA Chair Andrew Flanagan for running the SPA like the “Kremlin” in sessions before the Scottish Parliament’s Public Audit and Post Legislative Scrutiny Committee in April of this year will depart in October after the SPA’s year end accounts are signed off.

Ironically – Foley – whose retirement was announced earlier today by the SPA – will leave the discredited Police watchdog quango months before the eventual departure of Chief Executive Andrew Flanagan, who announced his resignation earlier in June.

However, Andrew Flanagan is to remain in the £70,000 a year post – while the Scottish Government look for a successor.

A recruitment round for the role of SPA Chair was only announced earlier this week, with a closing date for applications of Thursday 21 September 2017.

Commenting on Foley’s decision to take early retirement, and a payoff, Chair Andrew Flanagan said: “This new reporting arrangement is a further tangible step in strengthening oversight of forensic services, and will support work to develop a long-term strategy for forensics to complement the 2026 strategy for Police Scotland.”

“I want to pay tribute to the professionalism which he has shown throughout our consideration of this, and indeed for the valued service he has given to SPA and policing over what has been a period of unprecedented change.”

Commenting on his own departure, CEO John Foley said: “The SPA has continued to evolve and improve since its inception in 2013 and strengthening the governance of Forensic Services is the next stage of that journey and one I fully support. Clearly the revised arrangements have significant implications for the CEO role I currently hold and following detailed discussions with the Board since the start of the year I have chosen to seek early retirement.

“It has been an honour and privilege to have served as the first permanent CEO of the SPA for the past four years. I am confident that the Authority and policing will continue to improve in the coming years and I want to thank all of the staff and officers who I have had the pleasure of working with over the past four years.”

The SPA board said Foley would be paid in lieu of his contractual notice period as part of his overall settlement – but gave no figure on what the substantial payoff is likely to be.

The SPA stated: “While it is not possible at this stage to calculate a definitive figure on the overall financial settlement until Mr Foley’s formal leaving date is confirmed, SPA has agreed with Mr Foley that the costs of his financial package will be made publicly available as soon as practical after that leaving date.”

The SPA said it will now conduct a process seeking a 12-month secondee to act as chief officer for the SPA. A 12-month tenure will allow the review underway of the SPA’s wider executive requirements to be completed, the HMICS thematic inspection of the SPA to report next spring, and for a new SPA Chair to be appointed.

John Foley joined SPA in August 2013 as interim Chief Executive with management responsibilities for both the SPA’s governance and statutory forensic services responsibilities, and was formally appointed permanent CEO later that year.

Mr Foley’s early retirement comes under the terms of the approved SPA Voluntary Redundancy and Early Retirement scheme applicable to all eligible staff affected by a material change to their role, and commensurate with his age (over 55) and length of service (4 years).

Although the CEO role becomes redundant from 1 September 2017, the existing Board members – who were castigated by MSPs for a collective amnesia in their attempts to answer questions before Parliamentary Committees – has decided to keep John Foley on as Chief Executive until the SPA’s 2016-2017 annual accounts are signed off in late October 2017.

The board – which comprises members who have already taken large payoffs from other public bodies under terms of being “too ill to work” – stated they had consulted Audit Scotland – the equally discredited accounts body which counts among it’s duties a responsibility to audit public finances in Scotland and ensure value for money.

However, it has come to light the same Audit Scotland recently swept a £2.4 million loss at Scottish Borders Council under the carpet – the very same local authority which paid off SPA board member David Hume a total of £318,434 in 2012 after claims of bullying at the South of Scotland local authority.

In 2012 it was reported David Hume took a £318,434 secret “too ill to work again” secret legal deal from the corruption ridden south of Scotland local authority.

Hume then joined the SPA while also working for the Scottish Government in a position on Children’s Hearings Scotland. Hume’s salary for the CHS work was funnelled through his consultancy company – Enlighten: David Hume Consulting Ltd.

Hume’s term as SBC Chief Executive span dark years at the local authority, financial scandals with the loss of £4million from the education budget, consistent allegations of a culture of backhanders at the council, and a lack of duty of care.

Scottish Borders Council had been caught up in the Miss X Rape scandal, resulting in a Scottish Parliament inquiry which heard the Council had covered up a years long case where a severely disabled woman who lived close to the Council’s St Boswell’s HQ was repeatedly raped and abused. It transpired Scottish Borders Council held a written admission of rape from the man a full two years before the case came to light. A man was later jailed for 10 years for the crimes.

Scottish Borders Council decided not to discipline any social worker, despite the fact that Miss X, a woman with learning disabilities, had been subjected to an appalling catalogue of violent physical and sexual abuse.

The remaining text of the statement issued today from the SPA focussed on changes in reporting, reminiscent of “window dressing”.

The Scottish Police Authority (SPA) is to take further steps to strengthen the leadership, visibility and governance of Forensic Services.

From 1 September 2017, the Director of Forensic Services will report directly into the Board of the SPA rather than through the Chief Executive Officer (CEO) of the Authority.

One consequence of this change in reporting is a significant reduction in the line management and direct budget accountabilities of the existing SPA CEO role, and which make the role in its present form redundant.

The SPA Board has been considering the implications of forensic reporting with the CEO since the turn of the year, and as a result John Foley has opted to take early retirement under the existing SPA scheme.

As accountable officer, and to ensure business continuity, the Board has requested that Mr Foley stay on until the completion of the 2016-17 SPA accounts, which are hoped to be signed off by the end of October.

To provide the Board with contingency against any change to that expected timeframe, the Board has also agreed a payment to Mr Foley in lieu of his contractual notice, in addition to his eligibility for an early retirement payment.

The Director of Forensic Services, Tom Nelson, will from 1 September 2017 report directly to the SPA Board. He will personally report into the Deputy Chair of the SPA, Nicola Marchant.

The Chair’s review of governance in policing, published in March 2016, highlighted the need for reorganisation of the SPA’s delivery functions, which are primarily in forensics services. Further professional advice was sought from HMICS on forensics later in 2016 which has informed the approach and steps taken to date.

The SPA approved in June 2017 a proposal to create a dedicated Forensic Services Committee to scrutinise forensics delivery. The HMICS Thematic Inspection of Forensic Services, published in late June 2017, also made a number of recommendations around leadership, visibility, and governance.

The Scottish Government announced in June that a review of how the executive of the SPA can best support the Board would be led by SPA Deputy Chair Nicola Marchant, and independent local authority Chief Executive Malcolm Burr. It is expected to report its conclusions and recommendations in Autumn this year. In addition, HMICS are expected to publish its Phase 2 thematic inspection report of the SPA in spring 2018.

The HM Inspectorate of Constabulary in Scotland report into the authority, authored by inspector Derek Penman, found “positive signs of improvement” in SPA board operations over the last 18 months, with improved relationships between the SPA and Police Scotland and the development of the Policing 2026 strategy described as a “major milestone”.

But the HMICS report was highly critical of the approach which had led the SPA to meet in private.

Mr Penman said the “recent parliamentary scrutiny and media concerns over openness and transparency have weakened public confidence in the SPA and detracted from its ability to perform its statutory function”.

He described the decision to hold meetings behind closed doors as “precipitous”, and said it “should not have been implemented” until signed off by the board in full.

Mr Penman welcomed the decision of the board to revert to holding meetings in public and publishing committee papers in advance, but wrote: “I am aware that some board members continue to maintain that their decisions to implement private meetings and publish papers on the day of the board were essentially correct.

“There is a fundamental need to listen to the views of stakeholders to maintain public confidence, and on this occasion the SPA has failed to do so until pressed by parliamentary committees.The SPA must recognise the legitimate interests of parliament, local authorities, staff associations, the press and the wider public in the scrutiny of policing in Scotland.”

TRANSPARENCY FIRST: Former Board member Moi Ali spoke out on transparency concerns at Police Watchdog:

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed here:

Scottish Police Authority 15 December 2016 meeting Governance framework discussion

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

UNFIT AUTHORITY: – Crisis continues at Scottish Police Authority after Board members criticise MSPs scrutiny of Cop Quango:

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee’ – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog

Criticising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

The SPA’s statement on the outcome of the meeting claimed it had strengthened the transparency and accessibility of its governance arrangements by making a number of revisions to Board and committee meetings and publication of papers.

The changes decided at the meeting, which will come in to effect from 1 June 2017 include:

SPA committee meetings held in public, with items taken in private only when necessary and with a clear articulation of the reason.

The publication of agendas for all public Board and committee meetings will be available on the SPA website 7 days in advance of meetings.

The publication of papers for all public Board and committee meetings will be published on the SPA website (under embargo) 3-working days in advance.

The publication of agendas for closed Board and committee meetings will be published on the SPA website (redacted if necessary) and a summary of the business conducted will be reported to the next public Board meeting.

The public will also have the opportunity to pose questions about policing matters to the SPA Board in advance of meetings.

In addition, the SPA Board established a new Deputy Chair role. Nicola Marchant has been unanimously appointed to that position with immediate effect.

Houston’s criticism of the refers to the following hearing, in which evidence revealed to MSPs portrayed the Scottish Police Authority as a haven of secrecy, run in the style of  a “kremlin” operation – according to former Cabinet Secretary & PAPLS member Alex Neil MSP (SNP):

Scottish Police Authority – Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 20th April 2017

A full report on the PAPLS meeting of 20 April can be found here:POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A further appearance of current and former board members of the Scottish Police Authority before Holyrood’s PAPLS Committee on the 11th May – established evidence in relation to a sequence of alarming events at the SPA – giving MSPs significant cause for concern of how the SPA Chair was in effect, personally running the Police watchdog as a “secret society”.

Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 11th May 2017

A full report on the PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog

The hearing also established not one board member of the now discredited Police Watchdog backed former board member Moi Ali – who was forced to resign from the SPA after she bravely raised issues of transparency and accountability during a meeting of the Scottish Police Authority in December 2016.

Then, at a hearing of the Scottish Parliament’s Justice sub-committee on Policing, Andrew Flanagan was asked by MSPs several times to consider his position as SPA Chair – yet Flanagan refused each call to stand down and allow the Scottish Police Authority to move on from the current crisis.

Justice Sub-Committee on Policing – Scottish Parliament: 18th May 2017

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog

SLOW SECRETARY: Justice Secretary Michael Matheson was criticised for lack of action in Police watchdog governance crisis

Justice Secretary Michael Matheson ducked out of taking immediate action on tackling the leadership & governance crisis at the Scottish Police Authority (SPA) – despite calls from across the political spectrum to act on restoring faith at the discredited regulator of Police Scotland.

During ‘Topical Questions’ at the Scottish Parliament on Tuesday 30 May 2017, MSPs from all parties called for a resolution to the crisis at the Police Regulator, and Andrew Flanagan’s refusal to step aside.

In response, Justice Secretary Michael Matheson said he was “conscious of the issues” and promised to consider the reports sent to him by the committees.

In Holyrood’s main chamber, Mary Fee MSP (Scottish Labour) told Michael Matheson that Andrew Flanagan had “lost the confidence of MSPs from all parties, including back benchers from the governing party.

“It is clear that his position is untenable. It seems that Mr Flanagan and the Justice Secretary are the last two people to see that.”

She called for a “drastic overhaul of how the SPA is run”.

Shying away from immediate action on the crisis at the Scottish Police Authority, Matheson replied: “I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination,”

The Justice Secretary added: “On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

“I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear.”

Questions to Justice Secretary Michael Matheson on Scottish Police Authority & Andrew Flanagan 30 May 2017

A full report on MSPs questions to Justice Secretary Michael Matheson can be viewed here:Justice Secretary dodges call to fire Chair of discredited Scottish Police Authority – as cross party MSPs say Andrew Flanagan’s position is untenable, and crisis will impact on diversity, recruitment & transparency at public bodies

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

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IT’S GOOD TO GO: Justice Secretary dodges call to fire Chair of discredited Scottish Police Authority – as cross party MSPs say Andrew Flanagan’s position is untenable, and crisis will impact on diversity, recruitment & transparency at public bodies

SPA Chair still in post as Justice Secretary delays action ‘to consider reports’. SCOTLAND’S Justice Secretary has ducked out of taking immediate action on tackling the leadership & governance crisis at the Scottish Police Authority (SPA) – despite calls from across the political spectrum to act on restoring faith at the discredited regulator of Police Scotland.

During ‘Topical Questions’ at the Scottish Parliament on Tuesday of this week, where MSPs from all parties called for a resolution to the crisis at the Police Regulator, and Andrew Flanagan’s refusal to step aside, Justice Secretary Michael Matheson said he was “conscious of the issues” and promised to consider the reports sent to him by the committees.

In Holyrood’s main chamber on Tuesday, Mary Fee MSP (Scottish Labour) told Michael Matheson that Andrew Flanagan had “lost the confidence of MSPs from all parties, including back benchers from the governing party.

“It is clear that his position is untenable. It seems that Mr Flanagan and the Justice Secretary are the last two people to see that.”

She called for a “drastic overhaul of how the SPA is run”.

Shying away from immediate action on the crisis at the Scottish Police Authority, Matheson replied: “I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination,”

The Justice Secretary added: “On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

“I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear.”

LibDem MSP Liam McArthur argued that the SPA would “be inhibited in moving forward as long as he remains the chair”.

The Greens’ John Finnie suggested Flanagan’s managerial style, and the way in which he reportedly treated Ali, a woman of Bengali and Irish descent, would dissuade women and ethnic minority people to join public boards.

The Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

Full report & video coverage of questions to Justice Secretary Michael Matheson at the Scottish Parliament:

Questions to Justice Secretary Michael Matheson on Scottish Police Authority & Andrew Flanagan 30 May 2017

Topical Question Time: Scottish Police Authority (Meetings)

1. Mary Fee (West Scotland) (Lab): To ask the Scottish Government when the Cabinet Secretary for Justice last met the Scottish Police Authority and what issues were discussed. (S5T-00571)

The Cabinet Secretary for Justice (Michael Matheson): I have regular meetings with the chair of the Scottish Police Authority and meet the board approximately once a year. We discuss a range of key strategic issues in policing.

Mary Fee: As the cabinet secretary is aware, last week, the Justice Sub-Committee on Policing published its report on the governance of the SPA. That report says: “the Sub-Committee does not have confidence that the current chair is the best person to lead the Board.”

That follows similar concerns from the Public Audit and Post-legislative Scrutiny Committee.

We know that, under the current leadership of Andrew Flanagan, public meetings were held in private and critical letters were hidden from board members, and we have heard about the disgraceful ousting of now former board member, Moi Ali.

Andrew Flanagan was appointed chair of the SPA to improve openness and accountability. He has failed. Does the cabinet secretary agree with me, with the Justice Sub-committee on Policing and with his own back benchers that Mr Flanagan’s position is untenable and that he should go?

Michael Matheson: I am conscious of the issues that have been raised by the Justice Sub-Committee on Policing, which provided us with a copy of its report last Thursday. As I am sure that the member will recognise, we will give careful consideration to that report and its findings, along with the issues that have been highlighted by the Public Audit and Post-legislative Scrutiny Committee and the evidence that that committee and the member’s sub-committee received. Once we have considered all those issues, we will be in a position to state clearly the Government’s response and our decision on the position of the chair of the SPA.

I am sure that the member will recognise that it is important that the ministers and Government consider these issues carefully. I can give the member an absolute assurance that we will consider the findings in the Justice Sub-Committee on Policing’s report as we arrive at the Scottish Government’s position on this matter.

Mary Fee: Andrew Flanagan has lost the confidence of MSPs from all parties, including back benchers from the governing party. It is clear that his position is untenable. It seems that Mr Flanagan and the justice secretary are the last two people to see that. We need a drastic overhaul of how the SPA is run, and that must start at the very top of the SPA board. We need leadership from the SPA, but we do not have that at the moment.

If Andrew Flanagan is not going to do the right thing and resign, we need leadership from the Scottish Government. The Scottish Government approved Andrew Flanagan’s appointment as chair. If the cabinet secretary will not withdraw that now, I simply ask what it will take for the Government to take action.

Michael Matheson: I have given the member an assurance that we will consider the findings of her sub-committee’s report. Once we have had the opportunity to consider them in detail, as well as the issues that have been raised by the Public Audit and Post-legislative Scrutiny Committee, we will be able to respond to these matters. I am sure that the member will recognise that it is important that ministers give thorough consideration to these issues in coming to a determination.

On the wider issue of the SPA’s structure, and the way in which the SPA operates, the member will be aware that I have asked Her Majesty’s inspectorate of constabulary for Scotland to bring forward the governance aspect of its statutory inspection that was due to take place this year. HMICS has agreed to do that and intends to publish a report by 22 June on those issues. In its letter to me, the Public Audit and Post-legislative Scrutiny Committee welcomed my decision to ask for that work to be undertaken.

It is important that we consider these issues, and I assure the member that we are considering them carefully, and we want to ensure that they are appropriately addressed.

On the wider issue of the governance and structure of the SPA, there is no doubt that there are aspects of the way in which the SPA has operated over the past few years that have not worked as well as they should have and that there are areas in which I believe further improvements could be made.

I have been clear about the need for the SPA to operate in an open and transparent manner as it undertakes its processes and considers matters, and I have repeatedly made that clear. However, there is no doubt that there have been improvements in the way in which the SPA has been operating. For example, as was set out in evidence that was given to the Public Audit and Post-legislative Scrutiny Committee, there have been improvements in the way in which the SPA has considered issues such as the contact, command and control division; improvements in the relationship between the SPA and the executive team in Police Scotland; and improvements in the way in which it has taken forward work on the development of the 2026 strategy.

Irrespective of that, I recognise the concerns that have been expressed by the Justice Sub-Committee on Policing and members of the Public Audit and Post-legislative Scrutiny Committee. I give the member an assurance that they will be considered carefully, and that the Government will come to a decision once it has considered all these matters.

Douglas Ross (Highlands and Islands) (Con): The evidence from the Justice Sub-Committee on Policing, the Public Audit and Post-legislative Scrutiny Committee, MSPs of all parties and, indeed, former board members is clear: Andrew Flanagan’s time as chair of the Scottish Police Authority should be over, and his continuation in that post is untenable. Does the Scottish Government continue to have full faith in Andrew Flanagan as chair of the Scottish Police Authority—yes or no?

Michael Matheson: As I have just said to Mary Fee, we will consider the findings of both committees’ work in this area and we will then come to a decision on this issue.

I am surprised that a member who is, apparently, his party’s spokesman on justice would not want to ensure that we go through due process in considering these issues. It is important that Government ministers give careful consideration to these issues when coming to a decision, and that is exactly what we will do. Once we have completed that process, we will set out our decision on this matter.

John Finnie (Highlands and Islands) (Green): It is my personal view that Mr Flanagan’s position is untenable and that he must go. The cabinet secretary will agree that we must have vibrant and diverse public boards. In his response to both committee reports, will he consider the impact that Mr Flanagan’s conduct has had on the likelihood of our being able to recruit women and ethnic minority people to these boards?

Michael Matheson: The member raises an important issue. This Government is clear about the need to have greater diversity on our public bodies. I recently made some further appointments to the SPA, and I have written to the chair of the SPA board in recent weeks, highlighting the need to have greater diversity on the board, as that is extremely important. It is also extremely important that, when ministers consider such issues, we follow due process in considering any concerns that are raised with us in order that we do not dissuade people from thinking about applying for appointments to public boards.

I assure the member that it is clear to me that we must do everything possible to increase diversity not just within the membership of the SPA board but on any boards within the justice setting and that the boards should take proactive measures to assist in achieving that. For example, it is not necessary to have direct appointments if there is no space for them, as members can be seconded to support the work of public bodies in order to encourage greater diversity and give those people experience of the work that the board undertakes with a view to their applying for a place on the board at some point in the future.

The Government is clear about the need for greater diversity in the scrutiny of legislation, and I am clear that we need greater diversity on all boards in the justice sector. Our recent track record on appointments to justice boards demonstrates that we are making significant progress by increasing the number of women members, in particular, and I am determined that we will continue to drive that forward.

Liam McArthur (Orkney Islands) (LD): The cabinet secretary will have heard Andrew Flanagan’s statement at the Justice Sub-Committee on Policing last week. There is no doubting that he was extremely contrite and offered an apology. However, a number of members made the point that the position that he holds has been undermined and that the SPA will be inhibited in moving forward as long as he remains the chair.

Given that, at the most recent SPA board meeting, which was held last week, concerns were again raised by board members about the publication of papers in advance of the meeting, does the cabinet secretary not believe that the culture shift that we all want to see in the SPA will be impossible until there is a change at the top?

Michael Matheson: The member will be aware that the SPA board decided, at its meeting 25 May, to return to the presumption that its committee meetings would take place in public and that all papers would be published in advance. I have been very clear with the SPA about the need to ensure that it is open and transparent in conducting its business.

The member will recognise that, as has been highlighted, there is a need for private space in some of the SPA board’s work, given the sensitive and confidential nature of some of the information that it is provided with. That is particularly the case when the information relates to operational matters for Police Scotland. A safe space needs to be provided for discussions and for the sharing of that information to take place.

Notwithstanding that, my view is that the presumption that committee and board meetings will take place in public is the right approach. That is why I have asked HMICS to bring forward the early part of its statutory inspection, which was due to take place in the autumn of this year, and to look specifically at the issue of governance within the SPA. That work has already been started and HMICS will report by 22 June. I have no doubt that the report will support us in looking at what further measures the SPA needs to put in place.

I recognise the need for the SPA to operate openly and transparently, and I have been clear with it, over an extended period, that the processes and mechanisms that it has in place must be able to deliver that openness and transparency effectively.

Jackie Baillie (Dumbarton) (Lab): We know that the chair of the Scottish Police Authority did not tell his board about a letter from Derek Penman that advised of the forthcoming inspection. Now, we understand that, on a previous occasion, Mr Flanagan did not share an advice note on forensic services with the board. Does the cabinet secretary believe that that is a further example of a lack of transparency? Does the chair of any public body who behaves in that way meet the Scottish Government’s own guidance for those who serve on public boards?

Michael Matheson: Jackie Baillie will be aware that Andrew Flanagan has accepted that he should have passed that note on to the other members of his board and that he made an unacceptable error. We need to ensure that chairs of any public bodies pass on relevant information to other members of the board to allow them to come to an informed position on matters when they are being discussed. The chair has also accepted that the advice note should have been passed on to board members. Again, we will consider that in looking at the matter as a whole.

I assure members that the Government will come to a position on the matter, but it is appropriate that we consider all the facts and information that have been provided. In part, that is for the reason that was highlighted by John Finnie, which is that we want to attract individuals to stand for and work on our public bodies. We need to ensure that ministers and the Government go through a due process in considering these matters and coming to a decision. My concern is that a failure to do that would dissuade people from taking up public appointments, and we want to avoid that. That is why we will consider these matters very carefully and in a detailed way, and we will then come to a decision.

CHAIR MUST GO – Crisis continues at Scottish Police Authority as Justice Secretary dodges duty:

Justice Secretary Michael Matheson’s refusal to sack Flanagan as the crisis in governance and leadership at the Police Watchdog continues to grow – comes after a string of stinging criticisms and revelations over poor governance at the Scottish Police Authority, and accusations the SPA was being run as a secret society.

Legal observers who have been following developments speculate more action, and a decision may have been taken much earlier on the status of the current SPA Chief and board, had now former Justice Secretary Kenny MacAskill held the justice brief.

Holyrood’s Justice Sub-Committee on policing said they had “no confidence” in Flanagan’s leadership, and criticised his decision to hold meetings in private and for his treatment of Moi Ali, a board member who spoke out against the move.

They were the second Scottish Parliament committee to express concerns about the SPA’s governance.

Members of the Public Audit and Post-legislative Scrutiny (PAPLS) Committee have also criticised Andrew Flanagan for his treatment of board member Moi Ali, who was forced to resign from the Police Watchdog after speaking out over concerns about transparency and the publication of papers for board meetings.

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A full report on the second PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog.

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog.

A further article on the Justice sub Committee on Policing’s report into the crisis at the Scottish Police Authority can be viewed here: NO CONFIDENCE: Chair of Scottish Police Authority refuses to stand down, as board member criticises Holyrood scrutiny of governance, secrecy culture & lack of accountability at discredited Police watchdog

The report from the Justice Sub-Committee on Policing can be found here:  Justice Sub Committee on Policing Report on Governance of the Scottish Police Authority

According to declarations on the SPA website, Andrew Flanagan also holds positions on the Civil Service Commission, NHS Business Services Authority, London-based NEL Commissioning Support Unit, and the Criminal Injuries Compensation Authority, positions he earns up to £75,000 a year in addition to his £70K salary as SPA Chair.

Flanagan’s decision to remain in office comes after members of Holyrood’s Justice Committee said in a report  they had “serious concerns”in the current SPA Board – which has responsibility for oversight and spending of the £1.1 billion Police Scotland budget.

Responding to the Justice Committee’s criticisms of the SPA and their report SPA Chair Andrew Flanagan refused to stand down.

Mr Flanagan said: “As I have already done with the views of other parliamentarians, I and the SPA Board will consider this report very carefully over the coming days and reflect on its contents.

“As I indicated in my evidence to the Committee, I have publicly acknowledged recent mistakes without caveat or qualification. I also believe that in my time in office I have brought much improvement and clarity to the strategy, governance, sustainability, and relationships within policing.”

“I remain focussed on building a broad consensus around my continuing leadership of the SPA, and my contribution to a stable and collaborative leadership within policing as a whole.”

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee’ – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Criticising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

Video footage of Graham Houston’s criticisms of MSPs scrutiny of the SPA can be found here: Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog.

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed in video footage here: Scottish Police Authority 15 December 2016 meeting Governance framework discussion.

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

While Flanagan still clings to power, the Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

 

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NO CONFIDENCE: Chair of Scottish Police Authority refuses to stand down, as board member criticises Holyrood scrutiny of governance, secrecy culture & lack of accountability at discredited Police watchdog

Chair Andrew Flanagan clings to power at Police regulator. AMID further calls to quit, the Chair of the embattled Scottish Police Authority (SPA) grimly remains in office and at the centre of a crisis which has eroded public confidence in the Police watchdog to the point only a clean sweep of the board may begin to repair significant reputational damage to the regulator of Police Scotland.

Facing further criticism from the Scottish Parliament’s Justice sub-committee on Policing late last week, Andrew Flanagan again refused to stand down from his £70K position as Chair of the SPA.

According to his declarations on the SPA website, Andrew Flanagan also holds positions on the Civil Service Commission, NHS Business Services Authority, London-based NEL Commissioning Support Unit, and the Criminal Injuries Compensation Authority, positions he earns up to £75,000 a year in addition to his £70K salary as SPA Chair.

Flanagan’s decision to remain in office comes after members of Holyrood’s Justice Committee said in a report  they had “serious concerns”in the current SPA Board – which has responsibility for oversight and spending of the £1.1 billion Police Scotland budget.

The Justice Committee expressed “very serious concerns about the standards of governance” at the body and said it “does not have confidence that the current chair is the best person to lead the board”.

The report was issued after the Justice Committee held an evidence session with SPA Chair Andrew Flanagan & CEO John Foley after hearings at the Scottish Parliament’s Public Audit Committee heard details of Andrew Flanagan’s treatment of Moi Ali – a former SPA board member who spoke up over concerns about the lack of transparency & accountability at the Police Watchdog.

At an earlier meeting of the PAPLS Committee Moi Ali accused Flanagan of bullying, which led to Ms Ali’s resignation from the Police regulator after she publicly objected to plans to hold meetings in private and arrangements over the publication of board papers prior to meetings.

During the evidence session at the Justice Committee, SPA Chair Andrew Flanagan told MSPs he had issued a written apology to Ali on Tuesday of that week, however, evidence has since emerged the apology was emailed to Ms Ali  less than two hours before Flanagan was to appear before MSPs to answer concerns about harassment and transparency.

The Justice Committee have not yet commented on whether they plan to quiz Mr Flanagan further on his contradictory claims in relation to his communications with Moi Ali.

While Justice Secretary Michael Matheson has remained conspicuously silent in the crisis at the SPA, Matheson has quietly requested an inspection of transparency and accountability issues at the organisation be brought forward by Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS).

The results are expected in June, however Justice Committee member Mary Fee MSP (Scottish Labour) branded Flanagan’s testimony to the Justice Sub-Committee on Policing “frankly inadequate”, adding: “We do not have confidence in his leadership.”

The report released by the Justice Committee says Flanagan’s repeated use of the phrase “I have to accept” when discussing his treatment of Moi Ali – does not reassure the committee that he has a “real belief and understanding” that the actions he took and “repeatedly defended were wrong”.

Speaking to the BBC, Mary Fee MSP – Convener of the Justice sub-Committee on Policing – said: “Though he was apologetic, we are not confident he accepts he was wrong.

“This issue remains unresolved. We will continue working with the Scottish Police Authority, and other justice stakeholders, until we are confident the governance of the SPA is significantly improved.”

Also speaking to the media, former Police officer & Justice Committee member John Finnie – also the Justice spokesperson for the Greens, said: “Andrew Flanagan said nothing at his most recent appearance in front of the Justice Sub-Committee on Policing which led me to believe that he has learned the important lessons necessary for him to lead the SPA.

“Mr Flanagan’s half-hearted apology, emailing Moi Ali around an hour before his appearance at the sub-committee, epitomises his approach to this whole sorry saga – looking out for his own self-interest rather than that of the Scottish Police Authority.

“In order to effectively chair an important public body it is vital that you hold the confidence of Parliament. It is clear from the views expressed by both the Public Audit Committee and today by the Justice Sub-Committee on Policing that Mr Flanagan lacks that confidence.

“He certainly does not hold my confidence.

“This ongoing situation continues to overshadow the vital work of the SPA and must be resolved sooner rather than later. I would ask Mr Flanagan to seriously reflect on his position.”

Giving evidence to the sub-committee, Flanagan was asked if he accepted there had been “reputational damage to SPA that it may not recover from”.

He replied: “I think we can recover from it, I think there has been some damage there. I think my apology to Moi is a start of that process, it is not the end of the process.

Responding to the Justice Committee’s criticisms of the SPA and their report SPA Chair Andrew Flanagan said: “As I have already done with the views of other parliamentarians, I and the SPA Board will consider this report very carefully over the coming days and reflect on its contents.

“As I indicated in my evidence to the Committee, I have publicly acknowledged recent mistakes without caveat or qualification. I also believe that in my time in office I have brought much improvement and clarity to the strategy, governance, sustainability, and relationships within policing.”

“I remain focussed on building a broad consensus around my continuing leadership of the SPA, and my contribution to a stable and collaborative leadership within policing as a whole.”

“Today, and in recognition of recent areas of contention, the SPA has backed my recommended changes to governance that will increase both the transparency of our meetings and the accessibility of information.”

“This will begin to address the concerns of stakeholders, and the inspection report of HMICS will provide a further opportunity to build on that.”

“I also look forward to further developing and broadening the Board’s approach with the appointment today of Nicola Marchant as the first Deputy Chair.”

It has since been reported in the Herald newspaper SPA Chair Andrew Flanagan did not share a crucial report on forensics with all his board members.

The SPA has control of forensic services – including DNA, drug analysis and scene examination – and Mr Penman sent the chair a “professional advice note” (PAN) on the subject.

The document flagged up possible reforms on a part of the Police service that has had to make efficiency savings.

Speaking to the Herald, a spokesman for HMICS said of the advice note: “HMICS received a letter on 31 October 2016, from the [SPA] Chair acknowledging the final version and confirming that it had been shared with all board members.”

The Herald further reported: “However, asked yesterday to confirm that Mr Flanagan had shared the advice note with all board members, a spokesman for the SPA said:

“The SPA members received briefing from their officers last August in which one of the options set out in respect of forensic services clearly reflected the HMICS advice note. The paper provided to members made clear that background papers available to them included the independent analysis and advice by HMICS in relation to forensic services.”

A senior policing source said it was a “fair assumption” that the advice note was not given to all board members at the time.”

Report from the Justice Sub-Committee on Policing: Justice Sub Committee on Policing Report on Governance of the Scottish Police Authority

1. The Justice Sub-Committee on Policing held an evidence session on the governance of the Scottish Police Authority (SPA) on 18 May 2017.

2. It took evidence from Andrew Flanagan, Chair, and John Foley, Chief Executive of the Scottish Police Authority.

3. This was in response to the letter from the Public Audit and Post-legislative Scrutiny Committee to the Cabinet Secretary for Justice outlining its “very serious concerns about the standards of governance at the SPA”, following its recent evidence sessions^

4. The Cabinet Secretary for Justice has asked Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) to bring forward aspects of his intended statutory inspection into the state, efficiency and effectiveness of the Scottish Police Authority scheduled for 2017/18. The Cabinet Secretary has asked HMICS focus on transparency and accountability issues.]

5. Accordingly, HMICS is currently undertaking a Thematic Inspection of the Scottish Police Authority – Phase 1 Review of Openness and Transparency and is to report to the Scottish Parliament on 22 June 2017. The terms of reference are as follows:

The overall aim of this review will be to assess the openness and transparency in the way that the Scottish Police Authority conducts its business. It will specifically examine:

(i) the Authority’s decision on holding meetings in private and the publication of meeting papers; and also assess

(ii) the Authority’s compliance with relevant legislation, guidance and standing orders and the awareness and understanding of the Chair, Board members and SPA officers of these.

Introduction

6. This report outlines the views of the Justice Sub-Committee on Policing on the evidence heard at its meetings of 20 April, when representatives of Unison, the Scottish Police Federation and the Association of Scottish Police Superintendents provided evidence, and of 18 May, with the Chair and Chief Executive of the SPA.

Committee consideration

7. The 18 May evidence session focussed on the following decisions:

• to hold committee meetings in private;

• to not circulate to the SPA board members the letter from HMICS raising concerns about holding committee meetings in private; and

• the Chair’s letter to Moi Ali of 19 December, in response to her dissenting to meetings being held in private.

8. The Sub-Committee considered the decisions taken by the Chair and Chief Executive, the actions they took (or did not take) as a result of those decisions, and the impact on the effective governance and reputation of the SPA.

9. The Sub-Committee also considered the impact of the proposed actions to be taken going forward on the SPA’s governance, transparency and reputation.

Conclusions

10. The Sub-Committee shares the very serious concerns about the standards of governance at the SPA raised by the Public Audit and Post-legislative Scrutiny Committee and thanks it for its scrutiny of the governance of the Scottish Police Authority.

11. The Sub-Committee agreed to write to the Cabinet Secretary for Justice, copied to Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS), outlining its views. The letter is attached at Annexe A of this report.

PAPLS Letter from the Cabinet Secretary for Justice to HMICS, 20 April 2017

PAPLS Letter to the Cabinet Secretary for Justice, 12 May 2017

Letter from the Justice Sub Committee on Policing to Justice Secretary Michael Matheson:

Dear Michael: The Justice Sub-Committee on Policing held an evidence session on 18 May 2017 on governance of the Sottish Police Authority. This was to provide an opportunity for the Chair and Chief Executive of the SPA to address serious governance concerns raised by the Public Audit and Post-Legislative Scrutiny Committee in its recent letter to you.

The Sub-Committee also took evidence from Unison, the Scottish Police Federation (SPF) and the Association of Scottish Police Superintendents (ASPS) on 20 April, when SPA governance issues were raised.

The Sub-Committee appreciates that HMICS is currently undertaking an urgent review of the openness and transparency of the SPA and that you are to appraise the performance of the Chair of the SPA. This letter is to inform both.

Openness, transparency and accountability

The Sub-Committee agrees with your assessment that the SPA “needs to ensure that the processes and mechanisms that it has in place are open and transparent’’^”

Many of the issues surrounding the openness, transparency and accountability of the SPA’s governance seem to have been created by the implementation of two of the recommendations in Andrew Flanagan’s Review of Governance, which was published in March 2016. These were that committees should be seen as working groups (recommendation 15) and therefore that their meetings should be held in private (recommendation 16).

In his letter to Andrew Flanagan of 9 December 2016, Derek Penman cautioned that the proposal for committees to meet in private might impact negatively on the openness, transparency and legitimacy of the SPA, as well as public confidence in its governance. Despite this, the decision was made for committees to meet in private.

In a previous evidence session, the Justice Sub-Committee on Policing heard that those representing police staff, officers and superintendents felt that this decision excluded them from participating in the decision-making process.

Craig Suttie of the ASPS told the Sub-Committee that superintendents “had concerns when the governance review came out”, whilst Calum Steele of the SPF said that holding private committee meetings “undermines the SPA’s legitimacy”.

In response to questions on engagement with the unions and staff associations Mr Flanagan acknowledged that he was aware that stakeholders were unhappy, but held the view that the level of engagement was sufficient, saying that “In the committee structure that has been set up, people can come and give evidence … the SPF and other staff associations and unions can come to those meetings”.[4]

The proposal that committees are to meet in public and to publish papers well in advance of meetings is a move in the right direction. This is good practice and it is difficult to comprehend why this approach was not recommended in the governance review.

There is a need for some items to be taken in private, and the Sub-Committee appreciates Mr Flanagan’s assurance that respectful open debate on whether items should be taken in private will be encouraged going forward.

Private committee meetings, issuing papers at the last minute, and reducing input from key stakeholders has damaged the relationship between the SPA and police staff, officers and superintendents. It has also raised questions within the police service and externally about the SPA’s accountability, transparency and legitimacy.

Although there is now a proposal for committees to meet in public, Mr Flanagan suggested that this was due to improvements in the information that is submitted by Police Scotland,rather than being in response to the impact private meetings have had on key relationships and the SPA’s reputation. It is essential to repair both.

As part of his review, HMICS is to “engage directly with the key stakeholders, including police staff associations and members of the media and others who have a specific interest in the policing of Scotland and who may wish access to SPA meetings and papers”.

The Sub-Committee would refer HMICS to its evidence session on 20 April with Unison, the SPF and ASPS and, in light of recent media reports, respectfully request that Mr Penman engage with COSLA during his review of openness and transparency.

Correspondence from HMICS

It is clear that Derek Penman’s letter of 9 December 2016 to the Chair, copied to the Chief Executive, was time critical. In it Mr Penman raises a number of concerns about the Corporate Governance Framework, which was to be agreed at the following week’s SPA board meeting. Whilst Mr Flanagan has now acknowledged that this correspondence should have been circulated as a matter of course, and has committed to doing so in future, the Sub-Committee explored the reasons for the 9 December letter not being circulated.

The Sub-Committee heard that there were practical issues which contributed to Mr Penman’s letter not being circulated immediately. The Chief Executive was out of the country, with the letter apparently not being brought to his attention during or after his leave period. The Chair received the letter “late on Friday” and was not undertaking SPA duties again prior to the board meeting the following week.

However, Mr Flanagan stated that, in his view, there had been no need to circulate Mr Penman’s letter, telling the Sub-Committee that “I felt that his letter captured views that had already been expressed rather than injecting new ones”.

Mr Penman explained to the Public Audit and Post-legislative Scrutiny Committee on 11 May that his letter: “contained a level of detail that I would not have had the opportunity to explain in conversations on the margins with members”

Despite this Mr Foley told the Sub-Committee on 18 May that “It is not the case that his [Derek Penman’s] views were not known”

The letter was discussed at the pre-meeting and was not circulated before, during or at any time after the SPA board meeting. Board members and key stakeholders only saw the content of the letter, or in some cases became aware it, once it appeared in media reports some months later.

At the Sub-Committee meeting of 20 April 2017 Drew Livingstone stated that Unison was particularly concerned about not being made aware of the HMICS letter until recently, saying that: “there has been a reluctance on the part of the organisation to listen to opinions that might come across as being slightly dissenting”

Not circulating the HMICS letter to Board Members, as Her Majesty’s Inspector would have expected, was, in the Sub-Committee’s view, a serious error of judgement.

HMICS has a statutory role to look into the ‘state, effectiveness and efficiency’ of the SPA and it should provide HMICS with “such assistance and co-operation as we may require to enable us to carry out our functions”.

The Sub-Committee asks that you consider whether the Chair demonstrates sufficient understanding of the relationship between the SPA and HMICS and whether, in this instance, the required level of co-operation was provided to HMICS.

The operation of the SPA board

The On Board guidance states that “The Chair has an important role to play in ensuring that all Board members are enabled and encouraged to contribute to Board discussions”. Building and maintaining effective working relationships with SPA board members is an essential role of the Chair.

The Sub-Committee considered whether the Chair’s response to Moi Ali’s dissension at the board meeting in December, his interpretation of the On Board guidance and his communication style, enables and encourages members to contribute fully at SPA board meetings.

Treatment of Moi Ali

The Sub-Committee agrees with Mr Flanagan’s view that the tone, content and timing of his letter to Moi Ali in December was a misjudgement on his part and that the manner in which she raised concerns about transparency and perception at the SPA board meeting in December were consistent with her role as a Board member.

This issue has been on-going for almost 6 months and has been deeply damaging to the reputation of the SPA. It is therefore regrettable that Mr Flanagan did not come to this view initially, or before now, and that he did not seek to resolve this matter in person with Moi Ali before she felt it necessary to resign.

Mr Flanagan wrote to Moi Ali on two separate occasions, almost two months apart, but it seems that he did not find an opportunity to speak directly to Moi Ali to seek to resolve the issue and to repair the relationship.

The Sub-Committee notes that Mr Flanagan wrote a personal letter of apology to Ms Ali but that it was only written two days before the Sub-Committee’s evidence session and emailed on the day of the session.

Dissent

Mr Flanagan told the Sub-Committee that “The fundamental issue at the board meeting was that her [Moi Ali’s] decision to dissent was a surprise to me—that was the main frustration”

It remains Mr Flanagan’s view that he should be made aware before a board meeting if a member is likely to dissent in public, so that he was “prepared for that when the board meeting took place”.

This expectation is out of step with what is required of board members in the On Board guidance. Whilst this approach might be desirable for a Chair it does not enable the SPA board members to form a view at board meetings and could inhibit them from dissenting from a decision if they had not previously informed the Chair that they intended to do so. It has led to criticism that decisions are made before SPA board meetings and then ‘played out’ in public. There is an important distinction between a united board and an effective board. It is not always one and the same.

Relationship with SPA board members

The Sub-Committee heard that other SPA board members had only recently commented on the Chair’s treatment of Moi Ali, describing it to him as “a bit hasty and a bit heavy handed”.

The three SPA board members who gave evidence to the Public Audit and Post­-legislative Scrutiny Committee on 11 May, have only recently committed to asking the Chair why the HMICS letter was not circulated. They confirmed in evidence that they had not done so before now, despite the letter being in the public domain for a number of weeks.

It appears that on both these issues, despite having concerns about the Chair’s actions, significantly, SPA board members were reticent about speaking directly to Mr Flanagan.

Mr Flanagan told the Sub-Committee that the SPA board is to appoint a Deputy Chair. He indicated that one of the advantages of this appointment was that this person could meet with members of the Board who might feel constrained in raising an issue of concern directly with the Chair.

The Sub-Committee would be deeply concerned if Board members felt constrained in speaking to the Chair and, if that were the case, would expect the Chair to rectify that position as a matter of urgency.

Going forward

The Justice Sub-Committee on Policing agrees with the Public Audit and Post-legislative Scrutiny Committee’s assessment that it is essential that the public and stakeholders be reassured that the SPA is performing to an appropriate standard.

Unfortunately Mr Flanagan’s repeated use of the phrase “I have to accept” did not reassure the Sub-Committee that he has a real belief and understanding that the actions that he took in relation to Moi Ali and in not circulating the HMICS letter, and repeatedly defended, were wrong.

There will be many difficult decisions for the SPA board to take going forward. It is essential that as many of these as possible are taken in public and informed by stakeholders. Openness, inclusiveness and transparency will strengthen the decision­ making process and the accountability of the SPA. Given the evidence that it has heard, the Sub-Committee does not have confidence that the current chair is the best person to lead the Board.

HMICS is currently undertaking a review of the openness and transparency of the SPA.

The Sub-Committee asks HMICS to consider the evidence it has taken and the contents of this report as part of that review. Mr Flanagan has committed to write to the Sub­ Committee with a response to HMICS’ review at the earliest opportunity.

TRANSPARENCY FIRST: Former Board member Moi Ali spoke out on transparency concerns at Police Watchdog:

A glimpse into the world of the Scottish Police Authority’s board meetings features an excerpt from the SPA’s meeting of 15 December 2016, in which Board Member Moi Ali raised serious concerns about recommendations in relation to the publication on the day of board meetings and the holding of committees in private.

More on the discussion around the Governance Framework and input from Moi Ali who raised her concerns at the meeting can be viewed here:

Scottish Police Authority 15 December 2016 meeting Governance framework discussion

Ms Ali said she understood there were good reasons for those recommendations she had serious concerns about the lack of transparency around the two proposals, and that there were real drawbacks in relation to holding committee meetings in private.

Moi Ali said her concerns were two fold – the perception issue in relation to private meetings where it may be perceived that decisions may be taken behind closed doors, and that defacto decision may well be taken behind closed doors and that the process of decision making will be hidden and there is a danger in due course this will morph into a different kind of body in which effectively real decisions are taken albeit not in name but then come back to the SPA Board for rubber stamping rather than transparent debate.

UNFIT AUTHORITY: – Crisis continues at Scottish Police Authority after Board members criticise MSPs scrutiny of Cop Quango:

SPA Chair Andrew Flanagan’s decision to stay in the lead role at the now discredited Scottish Police Authority comes after one of it’s Board members – Graham Houston – launched a blistering attack on open hearings at the Scottish Parliament’s PAPLS Committee’ – after it’s members quizzed the Chair & CEO of the SPA, along with Scottish Government Civil Servants at an earlier meeting of 20 April 2017.

Scottish Police Authority Board Member Graham Houston hits out at PAPLS scrutiny of Police Watchdog

Critisising MSPs scrutiny of the Scottish Police Authority, Board member Graham Houston said: “I also think as an example of good governance I think the treatment of my fellow board members by an audit and scrutiny committee was frankly appalling and I think if that is an example of what is expected of good scrutiny it leaves a lot to be desired. And I suggest that the members of that committee look to themselves about setting an example and also look to the guidance on board about how they conduct themselves in doing that.”

Mr Houston then attacked the media, accusing the press of abusing the ‘openness’ of the SPA and concludes by stating “I think that what will transpire is that probably we are one of the most open public authorities in Scotland.”

The SPA’s statement on the outcome of the meeting claimed it had strengthened the transparency and accessibility of its governance arrangements by making a number of revisions to Board and committee meetings and publication of papers.

The changes decided at the meeting, which will come in to effect from 1 June 2017 include:

SPA committee meetings held in public, with items taken in private only when necessary and with a clear articulation of the reason.

The publication of agendas for all public Board and committee meetings will be available on the SPA website 7 days in advance of meetings.

The publication of papers for all public Board and committee meetings will be published on the SPA website (under embargo) 3-working days in advance.

The publication of agendas for closed Board and committee meetings will be published on the SPA website (redacted if necessary) and a summary of the business conducted will be reported to the next public Board meeting.

The public will also have the opportunity to pose questions about policing matters to the SPA Board in advance of meetings.

In addition, the SPA Board has established a new Deputy Chair role. Nicola Marchant has been unanimously appointed to that position with immediate effect.

Full details of the changes and next steps agreed by the Board are outlined in the following paper: http://www.spa.police.uk/assets/126884/400419/governance

Houston’s criticism of the refers to the following hearing, in which evidence revealed to MSPs portrayed the Scottish Police Authority as a haven of secrecy, run in the style of  a “kremlin” operation – according to former Cabinet Secretary & PAPLS member Alex Neil MSP (SNP):

Scottish Police Authority – Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 20th April 2017

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

A further appearance of current and former board members of the Scottish Police Authority before Holyrood’s PAPLS Committee on the 11th May – established evidence in relation to a sequence of alarming events at the SPA – giving MSPs significant cause for concern of how the SPA Chair was in effect, personally running the Police watchdog as a “secret society”.

Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 11th May 2017

A full report on the PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog

The hearing also established not one board member of the now discredited Police Watchdog backed former board member Moi Ali – who was forced to resign from the SPA after she bravely raised issues of transparency and accountability during a meeting of the Scottish Police Authority in December 2016.

Then, at a hearing of the Scottish Parliament’s Justice sub-committee on Policing, Andrew Flanagan was asked by MSPs several times to consider his position as SPA Chair – yet Flanagan refused each call to stand down and allow the Scottish Police Authority to move on from the current crisis.

Justice Sub-Committee on Policing – Scottish Parliament: 18th May 2017

A more detailed report on the 18th May 2017 hearing of the Justice Sub-Committee on Policing can be found here: AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

 

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AUTHORITY LOST: Chair of Scottish Police Authority refuses to resign after facing challenge from Justice Committee MSPs to consider his position on discredited Police watchdog

Police Watchdog boss Andrew Flanagan refused calls to step down. THE CHAIR of the Scottish Police Authority (SPA) has rejected calls from MSPs to consider his position on the discredited Police watchdog – and step aside – at a hearing at the Scottish Parliament earlier today.

During the evidence session of the Justice Committee’s sub committee on Policing on Thursday afternoon, SPA Chair Andrew Flanagan rejected several calls to step down from his lead of the scandal hit SPA – while also facing mounting criticism of his handling of governance decisions at the organisation in charge of overseeing Police Scotland.

Responding to calls from several members of the Committee that he consider his position, Mr Flanagan said: “I have reflected very seriously on the views expressed by parliamentarians and other stakeholders. In reflecting on the last two years, I believe there is more that I have got right than I have got wrong, on strategy, on clarity and control, on refreshed leadership for policing and on many other aspects.

Desperate to retain his position as Chair of the SPA, Flanagan claimed he still had potential to offer the Scottish Police Authority.

Mr Flanagan continued: “I acknowledge my recent mistakes, and you have rightly taken me to task for them. But I hope to be judged also on the significant progress achieved and the leadership potential I can still offer.”

Despite the furore over Flanagan’s conduct and the diminishing reputation of the SPA, Flanagan claimed Policing in Scotland benefited from the SPA and that he had the support of his board – which now faces calls for a clean sweep of members.

Flanagan said: “Policing is in a much better position than it was, but there is still a huge amount to do. I believe now is not the time for yet another change of leadership in what will be a pivotal and challenging next three years for policing in Scotland. I have discussed this with my board and I have their unanimous support.”

Watch today’s full Justice sub committee on Policing here:

Justice Sub-Committee on Policing – Scottish Parliament: 18th May 2017

Much of the Justice Committee’s criticism of Mr Flanagan and his handling of governance at the SPA stems from his treatment of former board member Moi Ali, who resigned after clashing with the chairman over board meetings being held behind closed doors.

She told MSPs that she felt she had been bullied, describing her exit from the board as “a really horrendous experience” and saying Mr Flanagan was “not fit to continue on any public board”.

The public audit committee said Mr Flanagan had acted in an “inappropriate matter”, and said the “default position for such an important body is that its committees should meet in public”.

Mr Flanagan told MSPs that he had written to Ms Ali to apologise, saying his approach was a matter of “bitter regret” and a “misjudgement”. He said she had been “right in raising substantive concerns about transparency”, adding: “I was wrong.”

He subsequently confirmed he had sent the letter of apology on Tuesday – days after the critical report from the public audit committee.

However, it was revealed during the evidence session by Moi Ali posted on twitter that she had received it via email “only after I suggested legal action and issued an ultimatum”.

The letter of apology sent by Mr Flanagan had in fact only been sent to Ms Ali today, Thursday.

Mr Flanagan said that in light of the committee’s report: “I have to accept that I was wrong.”

Justice Committee members were highly critical of Mr Flanagan during the meeting, with MSP Stewart Stevenson quoting the situation with regard to his own resignation as transport minister in 2010.

Mr Stevenson said: “The biggest of people will always put the interests of the organisation of which they are part above their personal considerations should they be part of the decision-making. I simply invite you to take the same position as I took in 2010.”

This latest Holyrood hearing on difficulties at the Scottish Police Authority comes in the wake of investigations by the Scottish Parliament’s Public Audit and Post Legislative Scrutiny Committee (PAPLS) which has heard evidence on the lack of transparency at the top of the SPA and Flanagan’s treatment of former board member Moi Ali, who resigned after raising concerns about private meetings and a lack of transparency.

Watch the PAPLS Committee hearing of 11 May here:

Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 11th May 2017

The full transcript of the hearing can be viewed here: Public Audit and Post-legislative Scrutiny Committee 11 May 2017

Last week at the PAPLS committee, former SPA Board member Moi Ali described Mr Flanagan as “…not fit to continue on any public board, because he clearly does not observe public sector values” .

In an exchange between Monica Lennon MSP and the former SPA board member, Ms Lennon asked: “Given the letter and what you have just said about feeling bullied, do you think that Andrew Flanagan is fit to continue as chair of the Scottish Police Authority?”

In her response, Moi Ali gave a highly critical account of the SPA Chair’s position, stating : “I am afraid that I do not. He is actually not fit to continue on any public board, because he clearly does not observe public sector values. However, the Scottish Police Authority is in a different league, because an oversight body that oversees policing has to set even higher standards of corporate governance, and he has clearly not observed those standards.”

A full report on the PAPLS hearing of 11 May can be found here: UNFIT AUTHORITY: Chair of Scottish Police Authority “is not fit to continue on any public board” – says former SPA board member in evidence to Holyrood’s Public Audit Committee scrutiny of Police watchdog

During the stormy evidence session with MSPs, Andrew Flanagan, chairman of the Scottish Police Authority was also forced to admit he withheld from colleagues a letter which criticised plans to hold board committee meetings in private – leading to accusations the chairman was treating board members “like infants”.

The earlier PAPLS Committee session on 20 April also heard animated exchanges between Former Cabinet Secretary & Committee member Alex Neil MSP (SNP Airdrie and Shotts) and SPA Chairman Andrew Flanagan –  who was accused of running the Police Watchdog as a “secret society”.

Watch the PAPLS Committee session of 20 April here:

Scottish Police Authority – Public Audit and Post-Legislative Scrutiny Committee – Scottish Parliament: 20th April 2017

The full transcript of the meeting has now been published, available here: Official Report: Public Audit & Post Legislative Scrutiny Committee 20 April 2017

During questions put to SPA Chief Andrew Flanagan, Chief Executive John Foley, and representatives of the Scottish Government, Alex Neil said: “This is not the Kremlin you are running, it is supposed to be an open public body. We have this secret society … inside the board … deciding on transparency of governance and the whole thing is done without public knowledge, without people out there being able to hold this board to account.”

Replying to Alex Neil on the matter of not sharing the letter, Mr Flanagan said “I didn’t think it was necessary to circulate the letter itself.”

However – Mr Neil told Mr Flanagan he had breached “every rule in the book” by refusing to share the document with the rest of the SPA Board.

Alex Neil went on to describe the Scottish Police Authority as “a shambles”.

A full report on the PAPLS meeting of 20 April can be found here: POLICING SECRETS: Former Scottish Police Authority board member Moi Ali invited to give evidence at Holyrood, after MSPs accuse SPA bosses of running Police watchdog like Kremlin ‘secret society’

Previous articles on the Scottish Police Authority can be found here: Scottish Police Authority – Poor governance, private meetings & lack of accountability at Police regulator

 

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