FOI/202600512350 · FOI · unclear
Statutory duty to act on evidence of Police and/or institutional corruption query: FOI release
Information requested
Does the Permanent Secretary have any legal or statutory obligation (including under the Police Reform Act 2002, associated regulations, or statutory guidance) to refer or otherwise present credible evidence of police and or Institutional corruption to any appropriate authority for investigation?
Please answer “Yes” or “No”.
If the answer is Yes, please specify the relevant legal or statutory basis.
If the answer is No, please confirm that no such obligation exists.
Response
The answer to your question is No.
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
The Scottish Government does not have the information you have asked for because the Police and Fire Reform (Scotland) Act2012 prevents the Scottish Ministers from getting involved in any operational policing matters. The Scottish Ministers’ role is strategic, not operational and individual cases are out with their remit. This legal framework is intentional and preserves the long-established principle that policing must be free from political direction in individual cases.
It may also be helpful to explain that legislation is not published by the Scottish Government (SG) or held by the SG. If the purpose of this request is solely to provide you with legal advice as a member of the public, the SG doesn’t give legal advice to members of the public. However, you may wish to take your own independent legal advice on the terms of the relevant legislation. Alternately you may wish to contact Police Scotland, the Scottish Police Authority or the office of the Lord Advocate of Scotland who may be able to help you.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.
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