Paul Wheelhouse MSP

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Paul Wheelhouse MSP

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  • Member for: South Scotland
  • Party: Scottish National Party

Paul is a member of the following Committees:

Paul is a member of the following Cross-Party Groups:

Parliamentary Activities

Search for other Speeches made by Paul Wheelhouse

Meeting of the Parliament 15 January 2015 : Thursday, January 15, 2015
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)

All workers, including those who serve the public, deserve protection from abuse and violence. That is why Scotland’s justice system provides for protection for all workers under the common law of assault, threatening and abusive behaviour and breach of the peace. We fully support our police, prosecutors and courts in dealing robustly with people who offend against public-facing workers.

In addition, the Scottish Government provides financial support to the Scottish business resilience centre, which works with employers to put in place measures to help keep members of staff safe from abuse and violence while they are at work.

The Regulatory Reform (Scotland) Act 2014 introduced additional provisions to extend protection to Scottish Environment Protection Agency officers in the conduct of their duties.



Meeting of the Parliament 15 January 2015 : Thursday, January 15, 2015
Paul Wheelhouse

As I outlined in my first answer, we took action in passing the 2014 act to protect front-line workers in SEPA. Hugh Henry’s point about us not taking action and just offering warm words is entirely false. We recognise the issue that he raises with regard to emergency workers.

We supported the Crown Office’s views on the difference between emergency workers and public-facing workers. The Lord Advocate, Colin Boyd QC, took part in 2004 in the parliamentary debates on the bill that became the Emergency Workers (Scotland) Act 2005. He said:

“It is completely unacceptable that anyone should be the subject of assault or abuse at work. We want to make sure that the law is an effective tool in ensuring the safety and welfare of emergency workers and all public service workers. We are prudent to recognise that legislation is not the answer in every case. In some situations the best possible solutions lie within existing law. I am firmly of the view that this is true for the protection of public service workers.”

We take the issue seriously but, as I said, existing laws can be enforced in respect of assault, offensive behaviour and breach of the peace, and that is what we intend to do.



Meeting of the Parliament 07 January 2015 : Wednesday, January 07, 2015
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)

The Scottish Government has regular meetings with the Scottish Fire and Rescue Service at which it receives updates on a range of issues including control rooms. That was one of the issues that were discussed at my initial meeting with the service before Christmas, and we are meeting again tomorrow.



Meeting of the Parliament 07 January 2015 : Wednesday, January 07, 2015
Paul Wheelhouse

I am happy to discuss those issues with the SFRS tomorrow. I note the member’s long-standing interest in the issue with regard to Edinburgh and I am happy to take forward those matters and keep in touch with her on them.



Justice Committee 06 January 2015 : Tuesday, January 06, 2015
The Minister for Community Safety and Legal Affairs (Paul Wheelhouse)

I do indeed, convener.



Justice Committee 06 January 2015 : Tuesday, January 06, 2015
Paul Wheelhouse

Thank you very much for the late Christmas present. Happy new year, everybody.



Justice Committee 06 January 2015 : Tuesday, January 06, 2015
Paul Wheelhouse

There are three affirmative orders being made under the Regulation of Investigatory Powers—



Justice Committee 06 January 2015 : Tuesday, January 06, 2015
Paul Wheelhouse

I am sorry; we have the instruments in the wrong order.



Justice Committee 06 January 2015 : Tuesday, January 06, 2015
Paul Wheelhouse

Apologies, convener. My folder is in the wrong order.

I will be very brief. The Children and Young People (Scotland) Act 2014 amended the Children’s Hearings (Scotland) Act 2011. The amendments make provision for a pre-hearing panel to determine whether an individual who was previously deemed to be a relevant person should continue in that role.

The regulations make consequential amendments to the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003. The amendments ensure that children and relevant persons will have access to assistance by way of representation where a pre-hearing panel is considering whether an individual should continue to be a relevant person.

The Justice Committee will wish to note that stakeholders are supportive of the changes. I understand that the Law Society of Scotland has written directly to the committee to confirm its support.

The amendments also ensure that access to justice is maintained at the right time and for those who need it most.

Thank you very much, convener.



Justice Committee 06 January 2015 : Tuesday, January 06, 2015
Paul Wheelhouse

I will get it right this time, convener.

Before the committee are three affirmative instruments that are being made under the Regulation of Investigatory Powers (Scotland) Act 2000, or RIPSA. It is worth pointing out at the outset that nothing in the orders provides any public authority with additional powers.

I begin with the draft Regulation of Investigatory Powers (Modification of Authorisation Provisions: Legal Consultations) (Scotland) Order 2015. In 2010, the House of Lords, in considering an appeal from the divisional court in Northern Ireland, agreed with that court’s decision that directed surveillance under the Regulation of Investigatory Powers Act 2000 of communications between lawyers and their clients breached article 8 of the European convention on human rights, on the right to respect for private and family life.

The secretary of state did not challenge the divisional court’s decision that the procedures used to authorise directed surveillance were disproportionate to the infringement of an individual’s right to a private consultation with a lawyer, particularly given the lack of a requirement for independent and high-level scrutiny of such authorisations. In Scotland, the authorisation of directed surveillance is mostly regulated by RIPSA, and the relevant provisions of that legislation are for relevant purposes the same as those that have been successfully challenged in the House of Lords. As a result, it is necessary to adjust the authorising regime for directed surveillance of legal consultations under RIPSA.

RIPSA contains provisions that allow Scottish ministers to reclassify particular types of directed surveillance as intrusive surveillance, and that reclassification has three main effects that operate to restrict the use of directed surveillance in defined cases and to enhance independent oversight of the process. First, it narrows the circumstances in which directed surveillance can be used to those in which it is necessary to prevent or detect serious crime. Secondly, it restricts the office-holders who can authorise such surveillance to the chief constable of the Police Service of Scotland, or any other senior officer designated by him, and to the Police Investigations and Review Commissioner. Thirdly, it requires authorisation to be notified to an ordinary surveillance commissioner, and prevents that authorisation from taking effect unless the commissioner approves it. A commissioner will provide that approval only if he or she feels that the authorised surveillance activity is both necessary and proportionate.

As for the fourth order that has been made under RIPSA and which the committee is considering this morning—the Regulation of Investigatory Powers (Authorisation of Covert Human Intelligence Sources) (Scotland) Order 2014—I briefly point out that that negative instrument seeks to put in place a similar framework for the authorisation of covert human intelligence sources, whose activity might involve matters that are subject to legal confidentiality. Again, the order significantly tightens up existing arrangements.

The two remaining affirmative instruments—the Regulation of Investigatory Powers (Covert Surveillance and Property Interference – Code of Practice) (Scotland) Order 2015 and the Regulation of Investigatory Powers (Covert Human Intelligence Sources – Code of Practice) (Scotland) Order 2015—are technical in nature, and their purpose is to put in place the revised codes for covert surveillance and property interference and for covert human intelligence sources, and to revoke the existing codes, which were published in 2002. Since the codes were published, there have been a number of changes. As well as reflecting issues to do with legal confidentiality and undercover operatives, which the committee is considering, the codes reflect a number of organisational changes that have taken place over the past 12 years—not least, of course, the amalgamation of Scotland’s police forces into the single Police Service of Scotland.

Thank you, convener, for the opportunity to speak to the orders.

Vote DetailMSP VoteResult

S4M-12120.1 Jenny Marra: 2020 Vision, the Strategic Forward Direction of the NHS—As an amendment to
>> Show more
NoDefeated

S4M-12101 John Swinney: Budget (Scotland) (No.4) Bill—That the Parliament agrees to the general prin
>> Show more
YesCarried

S4M-12095.4 Ken Macintosh: Tackling Inequalities—As an amendment to motion S4M-12095 in the name of
>> Show more
NoDefeated

S4M-12095.2 Alex Johnstone: Tackling Inequalities—As an amendment to motion S4M-12095 in the name of
>> Show more
NoDefeated

S4M-12095.1 Willie Rennie: Tackling Inequalities—As an amendment to motion S4M-12095 in the name of
>> Show more
NoDefeated

S4M-12095 Alex Neil: Tackling Inequalities—That the Parliament agrees that a strong, sustainable eco
>> Show more
YesCarried

Selection of John Pentland MSP for appointment to the Scottish Parliamentary Corporate Body.
Not VotedCarried

S4M-12060.2 Hugh Henry: Commending the People who Keep Scotland Safe in Emergencies—As an amendment
>> Show more
NoDefeated

S4M-12045.3 Shona Robison: Scotland’s Future—As an amendment to motion S4M-12045 in the name of Rich
>> Show more
YesCarried

S4M-12045.2 Jackson Carlaw: Scotland’s Future—As an amendment to motion S4M-12045 in the name of Ric
>> Show more
NoDefeated

Search for other Motions lodged by Paul Wheelhouse
EventIdTypeSub TypeMSP NameParty NameConstituencyRegionTitleItemTextFormattedAnswer DateAnswerStatusIdExpectedAnswerDateAnsweredByMspApprovedDateSubmissionDateMeetingDateProductionStatusIdRecordStatusIdStatus DateOnBehalfOfConsideredForMembersBusinessCrossPartySupportRegisteredInterestSupportCountSupportDateIsEventLinkCurrentMinister
Motion S4M-11509: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 12/11/2014 Show Full Motion >>
Motion S4M-11029: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 29/09/2014 Show Full Motion >>
Motion S4M-10972: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 22/09/2014 Show Full Motion >>
Motion S4M-09916: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 01/05/2014 Show Full Motion >>
Motion S4M-09294.3: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 11/03/2014 Show Full Motion >>
Motion S4M-09280: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 10/03/2014 Show Full Motion >>
Motion S4M-08517: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 05/12/2013 Show Full Motion >>
Motion S4M-07106: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 20/06/2013 Show Full Motion >>
Motion S4M-06845.2: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 04/06/2013 Show Full Motion >>
Motion S4M-06798: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 30/05/2013 Show Full Motion >>
This Member currently holds a ministerial post. First Minister and Ministers cannot ask the Government questions which is why no recent questions are displaying here. Please use the full search to find details of previous questions by this Member.
EventIdTypeSub TypeMSP NameParty NameConstituencyRegionTitleItemTextFormattedAnswer DateAnswerStatusIdExpectedAnswerDateAnsweredByMspApprovedDateSubmissionDateMeetingDateProductionStatusIdRecordStatusIdStatus DateOnBehalfOfConsideredForMembersBusinessCrossPartySupportRegisteredInterestSupportCountSupportDateIsEventLinkCurrentMinister
Question S4W-09164: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 17/08/2012 Show Full Question >>
Question S4O-01238: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 27/06/2012 Show Full Question >>
Question S4O-01063: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 16/05/2012 Show Full Question >>
Question S4W-07135: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 10/05/2012 Show Full Question >>
Question S4W-07133: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 10/05/2012 Show Full Question >>
Question S4W-07134: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 10/05/2012 Show Full Question >>
Question S4O-01044: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 09/05/2012 Show Full Question >>
Question S4W-07085: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 08/05/2012 Show Full Question >>
Question S4W-07045: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 02/05/2012 Show Full Question >>
Question S4W-07043: Paul Wheelhouse, South Scotland, Scottish National Party, Date Lodged: 02/05/2012 Show Full Question >>

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