Meeting of the Parliament

Meeting date: Tuesday, December 17, 2013

Official Report 837KB pdf

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Topical Question Time

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Housebreaking (Festive Period)

1. To ask the Scottish Government what discussions it has had with Police Scotland regarding housebreakers during the festive period. (S4T-00547)

The Scottish Government welcomes the positive and proactive approach that is being taken by Police Scotland to target what is a most upsetting crime, especially at this time of year. That targeted approach to housebreaking is set against a backdrop of an overall 39-year low in crime across Scotland, and it demonstrates that policing in Scotland is alert to the real issues and concerns of our communities.

The ability to quickly provide additional dedicated resources to target the crime in local communities across Scotland is a testament to the responsiveness and agility of our single police service. The Scottish Government welcomes the joint approach that is being taken with the Crown Office, which will see anyone accused of the offence facing trial on indictment. We hope that that, matched with the targeted action, will be a strong deterrent to those who are engaged in such activity.

I understand that the crackdown is taking place in areas where there has been an increase in the number of housebreakings. However, my constituency in Glasgow is not included and I wonder whether that could be reviewed.

The housebreaking initiative, operation RAC, has been implemented in areas where there has been an increase in the number of housebreakings involving homes, sheds and garages. Implementation resulted from a review of crime trends and a commitment to communities on the priorities that matter most to them. The member will know that such operational matters are for the chief constable, and I have every faith that the decisions that are taken are in the best interests of the safety and security of local communities.

On launching the initiative, Assistant Chief Constable Wayne Mawson stated:

“We recently launched our local policing campaign, which provides us with the opportunity to speak with individual communities and identify the issues or concerns specifically affecting their area. As a result, housebreaking has been highlighted as a priority for a number of our divisions and officers in these areas will be taking targeted action to detect anyone involved and deter further offences from occurring.”

Local communities and the member may care to raise the matter with police representatives. I have no doubt that good work is on-going, whether in regard to housebreaking or on other aspects of criminality that affect her area. I give her an assurance that the whole intention of operation RAC is to target that particular crime, taking account of the needs and requirements of individual communities. I suggest that she speak to the divisional commander.

I appreciate the reply from the cab sec. I have received correspondence from some constituents in Glasgow Kelvin, which has a large proportion of students who tend to go away over Christmas and new year. I will write back to those constituents and the community councils, and I will take his advice and speak to the chief constable and the local community police in the constituency. Thank you.

I am not sure that that was a question. Would you like to give a further response, cabinet secretary?

Much of this boils down to police and Crown statistics. Some areas of Scotland that have been hotspots were addressed earlier in the year, particularly Edinburgh and Kirkcaldy. It may be that other crimes are affecting the member’s area more. Her willingness to consult the police will result in what we seek to get from Police Scotland—local policing with the ability to access national resources.

Sandra White makes accurate points. Concerns have also been raised about the capacity of the forensic science fingerprints bureau to provide adequate levels of support in the examination of scenes of housebreakings throughout Scotland, given the substantial backlogs of work and court preparation. Will the cabinet secretary have a look at that situation and ensure that the correct support is being provided for housebreaking examinations?

Absolutely. I am happy to do so. When I was at the forensic science laboratory in Dundee recently, I saw the new specialised equipment that allows crime scenes to be examined much better than ever before. The service is sometimes a victim of its own success in that greater information can now be obtained. No new concerns were raised with me in recent discussions with Tom Nelson, the head of forensic science at the Scottish Police Authority, but I am happy to seek the reassurance that the member wants.

The forensic science service in Scotland is in a good place, although it faces pressures because of the nature and extent of recent advances in forensic science. Nevertheless, the service has served us well. The single biggest benefit that we could give it would be in stopping some of the routine work that is necessary because of the requirements of the law of corroboration. That would free up resources that it could concentrate on aspects such as those that have been raised by Graeme Pearson.

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Judicial Complaints Reviewer (Annual Report 2012-13)

2. To ask the Scottish Government what its position is on the Judicial Complaints Reviewer’s 2012-13 annual report. (S4T-00550)

In September this year, I invited the Judicial Complaints Reviewer to prepare and publish her annual report for 2012-13. She published it yesterday. As the Judicial Complaints Reviewer is an independent office-holder, it would not be appropriate for me to comment on the content of her annual report. I am grateful to her for the work that she has undertaken.

The cabinet secretary previously claimed that the Judicial Complaints Reviewer would satisfy the public that there was an element of independent scrutiny and would ensure that the public’s legitimate interest was protected, yet Moi Ali says that she has

“difficulty in providing the public with the necessary reassurance that the Cabinet Secretary envisaged”.

She described her post as “window dressing” and claimed:

“Fundamentally the problem is the legislation ... it’s judges judging judges’ conduct.”

How does the cabinet secretary intend to address the serious concerns that the Judicial Complaints Reviewer has raised? Will he do so before her term ends on 31 August 2014?

I am perfectly happy with the report that I have received and with the current structure, which follows from the Judiciary and Courts (Scotland) Act 2008. Although Alison McInnes was not a member of the Justice Committee when it considered the Judiciary and Courts (Scotland) Bill, a former parliamentary colleague of hers was. The then Liberal Democrat justice spokesman, Margaret Smith MSP, said:

“The bill proposes the creation of a judicial complaints reviewer. As we have heard, there has been some disagreement about that.”

Bill Aitken had said that he was happy to leave conduct issues to the Lord President:

“I would not be happy if some elaborate bureaucratic procedure involving a judicial complaints reviewer was set up.”

Margaret Smith went on to say:

“However, there is merit in an external view being taken on how the judiciary handles complaints about itself, and I am sure that the public at large agree.”—[Official Report, 14 May 2008; c 8563, 8557, 8563.]

It might be that there has been a change in the Liberal Democrat position but, as an Administration, we stand by the fact that we have an independent Judicial Complaints Reviewer. We also have the 2008 act, which enshrines an independent judiciary, with the Lord President at the helm. The Government is satisfied with both and with both those officer-bearers.

The Liberal Democrats listen and learn. There is obviously a difference between some elaborate structure and something that works.

We need to listen to what Moi Ali is saying. She has made it clear that the resource allocation is insufficient to cope with the demands on the service. The annual budget is just £2,000 a year and she has no staff and no administrative support. She makes it clear that it is a real challenge fitting the work in. In her annual report, she highlights that the Judicial Complaints Reviewer needs to be “adequately resourced” if complainers are to

“receive a prompt and thorough review of their cases”.

Backlogs should not be an inevitability. Does the cabinet secretary believe that it is appropriate to look again at the resources that are in place to support the delivery of the service?

We have sought to do so. Premises within the Scottish Legal Complaints Commission’s offices were secured for the Judicial Complaints Reviewer to allow her access to all workplace essentials and some administrative staff support, but those arrangements did not work out as expected and the Judicial Complaints Reviewer elected to work from home.

This Administration has always been willing to put appropriate resources at the disposal of the Judicial Complaints Reviewer, but we should remember that she deals with remarkably few complaints. It appears that we established the correct structures under an act that the Parliament supported in 2008. On that basis, we are satisfied with the current structures.