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Scottish Police Authority

Agenda Item 6

Meeting

SPA Board Meeting

Date

28 February 2019

Location

The Beacon Arts Centre, Greenock

Title of Paper

Devolution of Railway Policing

Presented By

Hugh Grover

Recommendation to Members

For Noting

Appendix Attached

Yes

Appendix A

Proposed timeline for SPA governance arrangements for railway policing in Scotland

PURPOSE

To provide Board Members with an update on the proposal being developed to enhance accountability of railway policing in Scotland.

SPA Board Meeting Devolution of railway Policing – Governance Update 28 February 2019

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SPA Board Meeting Devolution of railway Policing – Governance Update 28 February 2019 OFFICIAL 2

1. BACKGROUND

    1. On 27 August 2018 the Cabinet Secretary for Justice announced that Police Scotland had advised that in their view, the re-planning activity commenced in February 2018 did not provide a sufficiently strong evidence base on which to agree a new date for full integration of railway policing in Scotland and the intention to identify arrangements that could give effect more quickly to the Smith Commission’s recommendations.

2. PROPOSAL FOR ENHANCED ACCOUNTABILITY OF RAILWAY POLICING

2.1 Following the advice from Police Scotland and the subsequent statement from the Cabinet Secretary, a Stakeholder event was held on 6 November 2018 to shape the options and design principles to enhance the accountability of railway policing in Scotland.

2.2 The consensus reached was that legislation currently in force could be used and the option currently under development is based on using existing legislation to establish a new committee (The Scottish Railways Policing Committee) to oversee railway policing in Scotland.

2.3 The proposed Scottish Railways Policing Committee would:

be established as a sub-committee of the BTPA under paragraph 12(b) of Schedule 4 of the Railways and Transport Safety Act 2003; and

committee membership could include SPA and BTPA members.

2.4 I met with the BTP Authority (BTPA) Chief Executive on 15 February 2019. Since then, SPA and BTPA officers continue to work together to develop a robust Terms of Reference for the proposed new committee. It is also intended that Memorandum of Understanding (MoU) between SPA and BTPA would be developed to support the operation of the committee.

2.5 A progress update was made to the Strategy Policy and Performance (SPP) Committee at its meeting on 5 February 2019 and, since then, there has been continued dialogue between the OFFICIAL

SPA Board Meeting Devolution of railway Policing – Governance Update 28 February 2019 OFFICIAL 3

SPA Chair and SPP Committee Chair on this matter. It is also intended that an additional meeting of the SPP Committee is arranged during March so that the proposed terms of reference can be reviewed in detail with a view to presenting to the Board for approval on 28 March 2019.

2.6 The terms of reference for the Scottish Railways Policing Committee will require approval from the SPA Board, BTPA Board, BTP Integration Joint Programme Board (JPB) and Scottish Ministers prior to implementation. Exact timescales for implementation will be dependent on the period it takes to conclude engagement, currently ongoing, on the terms of reference and the successful approval at each stage of the sign-off process. An indicative timeline is shown at Appendix A.

3. FINANCIAL IMPLICATIONS

3.1 There are no financial implications in this report.

4. PERSONNEL IMPLICATIONS

4.1 There are no personnel implications associated with this paper.

5. LEGAL IMPLICATIONS

5.1 There are no legal implications associated with this paper.

6. REPUTATIONAL IMPLICATIONS

6.1 There are no reputational implications associated with this paper.

7. SOCIAL IMPLICATIONS

7.1 There are no social implications associated with this paper.

8. COMMUNITY IMPACT

8.1 There are no community implications associated with this paper.

9. EQUALITIES IMPLICATIONS

9.1 There are no equality implications associated with this paper. OFFICIAL

SPA Board Meeting Devolution of railway Policing – Governance Update 28 February 2019 OFFICIAL 4

10. ENVIRONMENT IMPLICATIONS

10.1 There are no environmental implications associated with this paper. RECOMMENDATIONS

Members are requested to:

i) note and discuss the information contained within this update report; and to

ii) note the intention that an additional meeting of the Strategy Policy and Performance Committee should take place during March to review the draft terms of reference for the proposed Scottish Railways Policing Committee in detail, with a view to presenting the draft terms of reference to the Board on 28 March 2019 for approval.