Edinburgh MSP told any new powers for police over balaclavas would require 'clear evidence' existing powers were inadequate
‘Businesses in Edinburgh increasingly being targeted by people in balaclavas’
Extra powers for the police to require the removal of balaclavas would require “clear evidence” that existing powers were not adequate, a Scottish Government minister has told MSPs.
Kirsten Oswald, the Minister for Victims and Community Safety, said Police Scotland had made clear it believed current powers were sufficient at present.
She was speaking after the Scottish Police Federation, which represents rank-and-file police officers called for more powers to tackle the problem of crimes and antisocial behaviour linked to e-bikes and e-scooters, including the ability to order people to remove face coverings.
Edinburgh and Lothians East Conservative MSP Miles Briggs raised the issue during general questions in the Scottish Parliament, saying he had met many businesses across Edinburgh who told him they were increasingly being targeted by individuals wearing balaclavas.
He asked: “What specific measures will the Scottish Government support to prevent the inappropriate use of balaclavas in city centres, such as penalty notices and giving Police Scotland powers to demand the removal of balaclavas when someone is attempting to hide their identity from the authorities?”
Ms Oswald replied that Police Scotland already has powers to require the removal of face coverings in certain circumstances if officers reasonably believe that they were being used to conceal a person’s identity, for instance, in connection with criminality or disorder.
“Police Scotland has been clear that it considers that those powers are proportionate and sufficient at present, and it continues to monitor the implementation of powers that have been introduced in England and Wales.
“We will continue to engage with policing partners to keep the position under review. The consideration, and implementation, of any additional powers would require clear evidence that existing legislative provisions are not adequate and that further measures would be necessary and proportionate.”
Mid Scotland and Fife Conservative MSP Stephen Kerr then challenged Ms Oswald. “I am not sure that the answer that the minister just gave is entirely accurate. The police do not have the powers that she described, except in exceptional circumstances, and she should know the law well enough to know that that is the correct answer to the question about face coverings that she was asked by Miles Briggs.”
Mr Briggs’ question followed one from Edinburgh and Lothians East Reform MSP Angela Ross about antisocial behaviour and retail theft in town centres and high streets across the area.
She said: “Businesses and charities have reported concerns about persistent shoplifting and antisocial behaviour, and one constituent recently contacted me regarding repeated thefts from a local charity shop.
“What action is the Government taking to understand and manage the root causes involved, in relation to antisocial behaviour in particular?”
Ms Oswald said the Government was providing record funding of more than £1.7 billion for policing in 2026-27. “That supports visible local policing and targeted operations where communities are experiencing particular concerns. In addition, we provide £3 million to support the police retail crime task force, delivering targeted action against shoplifting and repeat offenders.”
She said across Edinburgh and the Lothians police were involved in high-visibility patrols, retail crime task force operations, bus and tram patrols, action against the illegal use of e-bikes and targeted activity to prevent disorder around Halloween and bonfire night.
And prevention work included investment of £26 million through the cashback for communities programme, supporting young people and providing positive alternatives to offending.