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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 26 August 2025
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Displaying 3543 contributions

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Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 December 2022

Audrey Nicoll

The issue will now be sent to the chamber for all members to decide, based on our report.

That completes our final business for the year.

I take this opportunity to wish all members, our clerks and other staff all the very best for the festive season. I hope that you all have a happy and peaceful Christmas and new year.

I also thank all the witnesses who have given formal and informal evidence to the committee this year. It is greatly appreciated.

I now move the meeting into private.

11:36 Meeting continued in private until 11:46.  

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 December 2022

Audrey Nicoll

We will compile a report and present it to Parliament.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Audrey Nicoll

Good morning, and welcome to the 33rd and final meeting in 2022 of the Criminal Justice Committee. There are no apologies this morning. Our final agenda item, under which the committee was due to consider its action plan, will be rescheduled to a future meeting.

Our first agenda item is an oral evidence session on the criminal justice provisions in the National Care Service (Scotland) Bill. Members will recall that, on 23 November, we heard from a panel of witnesses on the possible transfer of justice social work services from local government to the proposed national care service. Today, we will conclude our consideration by hearing from the Scottish Government.

I welcome Kevin Stewart, the Minister for Mental Wellbeing and Social Care; Anna Kynaston, deputy director, national care service; and Catriona Dalrymple, deputy director, community justice.

I refer members to papers 1 and 2. I intend to allow about 60 minutes for the evidence session. I invite the minister to make a short opening statement, then we will move straight on to questions.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Audrey Nicoll

We move to questions, and I will start. Minister, you acknowledged in your opening statement the specific role that justice social work has in our courts, among other settings. With that in mind, you will be aware of the forthcoming Bail and Release from Custody (Scotland) Bill, which the committee is beginning to consider. It includes a provision whereby justice social work would have a greater role in providing courts with information to inform decisions on bail. To date, the oral and written evidence that we have taken from witnesses suggests, perhaps not surprisingly, that that would potentially require greater resource for justice social work.

Will you outline your view on what the optimum model for justice social work would be, bearing in mind that we are at a very early stage? Would the best model be for it to remain within local authorities or to move to a care service setting?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 14 December 2022

Audrey Nicoll

Before I bring in Suzanne McGuinness and Sharon Stirrat, I will ask a follow-up question. In the previous sessions this morning and, indeed, in some of the written submissions, a number of practical challenges were highlighted around the provision relating to criminal justice social work. We are considering the practical application of the bill, so how can some of those practical challenges be addressed?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 14 December 2022

Audrey Nicoll

Thanks very much, Gillian. Rhoda or Sandra, would you like to come in on that? I appreciate that this is focusing on bail and that your contribution perhaps relates more to release from custody, but you are very welcome to add anything.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 14 December 2022

Audrey Nicoll

Thanks, Sandra. Rhoda, would you like to comment on that?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 14 December 2022

Audrey Nicoll

Thanks very much, Gillian. I do not know whether either of our other two witnesses would like to come in. I will go to Sandra first and then Rhoda.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 14 December 2022

Audrey Nicoll

Sandra, we are having problems with your sound. I am advised that it might help if you speak a bit more closely into your microphone.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 14 December 2022

Audrey Nicoll

Welcome back. I welcome our final panel of witnesses: Keith Gardner, specialist adviser with Community Justice Scotland; Suzanne McGuinness, executive director of social work at the Mental Welfare Commission for Scotland; and Sharon Stirrat, justice social work policy and practice lead at Social Work Scotland. Keith Gardner joins us in the meeting room, and Suzanne McGuinness and Sharon Stirrat join us online. We very much appreciate your taking the time to join us.

I intend to allow about an hour for questions and answers. Given that we have two witnesses online, it would be helpful if members could indicate who their question is for and if the witnesses could indicate in the online chat function whether they would like to respond to a specific question.

I will start with a general opening question. The bill would require a court to give justice social work the opportunity to provide information relevant to bail decision making. I am interested to know whether, in broad terms, you support that provision. Can you set a bit of context around that? I will bring in Keith Gardner first.