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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 5 August 2025
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Displaying 3541 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Audrey Nicoll

Thank you.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Audrey Nicoll

As there are no further questions, we move to our next item of business, which is formal consideration of the negative instrument that we have discussed. Are members content to make no recommendations in relation to the instrument and for it to come into force?

Members indicated agreement.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Audrey Nicoll

I thank the cabinet secretary and Mr Down for their attendance. We will have a brief pause while we have a changeover of witnesses.

10:11 Meeting suspended.  

10:15 On resuming—  

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Audrey Nicoll

I have a couple of final questions. We spoke earlier about nationality bars. The National Crime Agency recently told the House of Lords that about 10 per cent of extradition requests are now being refused because of nationality bars and that, before Brexit, those requests would probably have been successful. You mentioned that as one of your key areas of focus. Gemma Davies, what further scrutiny can the Parliament undertake or offer on that particular issue?

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Audrey Nicoll

Thank you. I have just looked at my notes and I see that you did include it in your presentation—that was my oversight.

Ben Macpherson, do you want to come back in? Then I will bring in Rona Mackay.

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Audrey Nicoll

Following the signing of the trade and co-operation agreement between the United Kingdom and the European Union in 2020, the committee asked our colleagues in the Scottish Parliament information centre and the Scottish Parliament academic fellowship programme to undertake a piece of research, the aim of which was to assess the impact of Brexit on Scotland’s criminal justice system and our co-ordination and co-operation with EU member states.

Two members of the academic fellowship undertook that research and published their findings in September 2024. I am very pleased that they are here today to give us an overview of the evidence from that work and to highlight the areas that they believe the Scottish Parliament and Scottish Government should work on with the UK Government to improve the way that the Scottish criminal justice system and policing interact with the EU under the trade and co-operation agreement. I refer members to paper 2, which sets out the findings and recommendations of the research and contains links to the main research report and the slide presentation that we will receive this morning.

I warmly welcome Gemma Davies, associate professor in criminal law at Durham University, and Helena Farrand Carrapico, professor of international relations and European politics at Northumbria University. Without any further ado, I invite Gemma and Helena to give a presentation on their research work, after which I will open up the meeting to questions from committee members.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Audrey Nicoll

Good morning, and welcome to the 14th meeting in 2025 of the Criminal Justice Committee. We have received apologies from Pauline McNeill and Fulton MacGregor, and Sharon Dowey joins us online.

Our first item of business is an opportunity to put questions to the Scottish Government on a negative instrument that is scheduled to come into force on 30 November this year. I refer members to paper 1, which sets out the purpose of the instrument.

We are joined this morning by Angela Constance, Cabinet Secretary for Justice and Home Affairs, and Patrick Down, criminal law and procedure team leader at the Scottish Government. Welcome to you both, and thank you for joining us. I invite the cabinet secretary to say a few words about the purpose of the Scottish statutory instrument.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 23 April 2025

Audrey Nicoll

Our next item of business is the consideration of a Scottish statutory instrument that is subject to the negative procedure. I refer members to paper 1, which sets out the purpose of the regulations. I declare an interest, which is that I am a former police officer.

Do members wish to make any recommendations in relation to the negative instrument, or are we content that it comes into force?

Criminal Justice Committee (Draft)

People’s Panel on Tackling Drug Harm and Deaths

Meeting date: 23 April 2025

Audrey Nicoll

Absolutely—thank you for that helpful suggestion.

We have covered some action points, but are there any further action points that members wish to suggest, or are we content with where we are? As there are no further comments, we move into private session.

10:10 Meeting continued in private until 10:39.  

Criminal Justice Committee (Draft)

People’s Panel on Tackling Drug Harm and Deaths

Meeting date: 23 April 2025

Audrey Nicoll

Thank you for that suggestion. The cabinet secretary provided the cross-committee group with an initial response, which formed part of our scrutiny at the cross-committee group. However, it is a helpful suggestion that we consolidate the Government’s position on the recommendations, so I am happy to take that away as an action point. We can come back with a written update on the recommendations, aligned with the work that has already been completed or is already under way—and which the Scottish Government has already provided an update on—along with the outstanding work that you have referenced. I am happy to pull that together for the committee.