The enabling legislation which set up the new unitary police authority for Scotland has fallen at the first hurdle.
There is an underplayed turf war going on between Stephen House, former Chief Constable of Strathclyde Police and now the first head of Scotland’s new national police force and Vic Emery, Chair of the new Scottish Police Authority.
Both believe that their role should include control of support staff.
The head of service believes that they should cone under that single control. The chair of the police authority feels that they belong on the civilian side.
In reality, any judgment of Solomon trick on this one would be very foolish. Divided authority is disabled authority, always open to dispute, distracting and obstructive to clear leadership. A Chair is a Chair – part of the backstop of checks and balances in many organisations – but not an operational leader of any kind.
The problem is that the Police and Fire Reform (Scotland) Act, as it is currently framed, appears not to allow the head of the service to control support staff.
This is yet another failing in home-made legislation, in which it has to be said that the post devolution Scottish Governments have not presided over competence.
This debacle is no great help to Justice Secretary Kenny MacAskill, now embattled with the legal profession over his plan to reform the Legal Aid system.
The Police and Fire Reform (Scotland) Bill received Royal Assent on 7th August 2012.
Stephen House is saying that he expects the matter to be resolved at the next Scottish Police Authority meeting on 5th December. Both he and Mr emery have taken legal advice – one hopes not from the Scottish Justice Department,