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Where relevant, we publish our responses to Freedom of Information requests under the Freedom of Information (Scotland) Act 2002 (FOISA).

This response addressed the following query:

• “1. Please provide me with the statutory provision/legislation that gives The Commissioner [The PIRC] the discretion to investigate relevant police matters, “which would be in the public interest?”
• 2. Please provide the legislative and/or statutory definition of “police matters, which would be in the public interest?”
• 3. Please provide the legislative and/or statutory definition of “matters, which would be in the public interest?” i.e., matters which would be in the public interest but with a much broader scope?
• 4. Please supply the protocol and procedure and benchmarks relied upon for the 'relevancy test' in determining relevant police matters, which would be in the public interest?”

Under Section 25(1) of FOISA we do not have to provide information which is already reasonably accessible. The statutory provisions that gives the Commissioner the discretion to investigate matters in the public interest are Section 33A(d) and Section 41C of the Police Public Order and Criminal Justice (Scotland) Act 2006. This legislation is available at https://www.legislation.gov.uk/asp/2006/10/contents. If you have any difficulty accessing this information please let me know and we will send it to you directly.

There is no statutory definition of what constitutes “public Interest” and there is no protocol or procedure relied upon for the 'relevancy test' in determining relevant police matters, which would be in the public interest. This is a formal confirmation that, under Section 17 of FOISA, we do not hold information that would answer points 2, 3 and 4 of your request.