Correspondence with the Scottish Police Authority regarding Police Scotland LGBT Allies Toolkit

In October we published an article about the Police Scotland LGBT Allies Toolkit. The article questioned how a scheme that asks officers to ‘evangelise their allyship’ to certain groups could be reconciled with a commitment to police impartiality and its duty to foster good relations between people with different characteristics. We also discussed operational risks, and implications for the forthcoming Hate Crime and Public Order (Scotland) Act. The full article is here:

Following publication, we sent the article to the Chair of the Scottish Police Authority explaining our concerns. We stated:

The article raises serious concerns about a lack of police impartiality, and some of the materials made available to officers and staff. We are also concerned that Police Scotland is at risk of failing in its duty to foster good relationships between different characteristics. The article below discusses these concerns in relation to the forthcoming hate crime legislation.

We recently attended a meeting with the Home Secretary at which several women’s groups explained their concerns in this area to the College of Policing, and to HMIC, who are undertaking a review of political activism in policing in England and Wales. We believe that similar problems are evident within Scottish policing, and that consideration should also be given to a review here.

MBM to Martyn Evans, email correspondence 27 October 2023

Mr Evans responded on 17 November, as shown below.

Thank you for your email of 27 October 2023 regarding the above and highlighting two recent articles on your website which I have now read.

The Authority continues to have regard to the discussion, debate, policy, and legal findings in this area. As both articles highlight, there are a range of views and beliefs held by individuals. I am also alert to the relationship between the Equality Act and the Gender Recognition Act and the recent legal ruling in this regard.

Police Scotland has an increasing and welcome confidence in discussing and championing human rights and continues to restate and reinforce its commitment to treating all citizens with integrity, fairness, and respect. This approach is fully supported by the Authority.

The Authority also expects Police Scotland to equip officers and staff with information that supports them to understand viewpoints and treat everyone they encounter with fairness, sensitivity, and respect. Developing toolkits with staff associations like the LGBT Allies one you highlight, aims to support this endeavour. It is just one of several mechanisms which is helping to develop Police Scotland as an anti-discriminatory organisation that can serve all of Scotland’s communities.

My understanding of fostering good relations involves tackling prejudice and promoting understanding between people who share a protected characteristic and others. I read the toolkit as one stepping stone towards that objective. There are no expectations on officers or staff to promote let alone agree with particular viewpoints, however there is a requirement on all officers and staff to treat any citizen they encounter fairly and with respect.

I note the concerns highlighted about the impact of the new Hate Crime legislation on the capacity of Police Scotland. The Authority’s oversight of this has been led by our Policing Performance Committee. Significant work has been taken forward in consultation with others including diversity staff associations to develop effective training, guidance, and communications. These are intended to ensure policing’s role with regard to all protected characteristics under the new Act are clearly understood and articulated and that officers are best prepared to respond effectively to reports of alleged hate crimes and incidents. We will continue to closely monitor this as the new legislation takes effect.

Finally, on your proposal for an HMICS review into activism and impartiality in Police Scotland, similar to the one the former Home Secretary The Rt Hon Suella Braverman KC MP commissioned from HMICFRS into policing in England and Wales on 2 September. In Scotland such a review would be a matter for HMICS or for the Cabinet Secretary to request of HMICS. I see no evidence at present for the Authority to request HMICS to undertake such a review in Scotland.

I would be happy to discuss your concerns further. Please contact my office if you would like to arrange a meeting.

Martyn Evans, SPA Chair. 17 November 2023

We were surprised that Mr Evans viewed the Toolkit (which urges officers and staff to ‘evangelise’ their allyship) as a ‘stepping stone’ towards ‘promoting understanding between people who share a protected characteristic and others’. As far as we know, Police Scotland has not developed equivalent toolkits or similar for people with other protected characteristics, nor addressed the conflict of rights that underpins its policies based on gender self-identification principles.

We have accepted Mr Evans’ offer of a meeting.