The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
We are at 10 past 11, but I am happy to bring in Katy Clark if things are kept as succinct as possible.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
In the spirit of our coming up to the festive season, I will allow Fulton MacGregor to come in with a final quick question. We will then need to bring the session to a close.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
I am happy for the minister to respond to the question, but I am keen to keep questions on track. We were asking about the potential transfer of justice social work into the national care service.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
I will bring in Pauline McNeill, followed by Collette Stevenson. I remind members that we are coming up to five minutes to the hour. I am happy to extend the session to around 10 past 11, but we have four members to come in, so I ask for questions and answers to be fairly succinct.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
That is fine. Your points were all relevant.
We have 20 to 25 minutes left. I will bring in Russell Findlay to be followed by Jamie Greene.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
Was that a question or a comment?
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
We heard from the cabinet secretary on the legislative consent memorandum, in which the Scottish Government recommends that the Scottish Parliament should not consent to the relevant provisions in the bill as set out in the draft motion. Our role today is to consider the content of the memorandum and to decide whether we agree to not consent or otherwise.
At this stage, I want to open things up to members for queries, comments or questions. I will then formally ask the question on the LCM.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
That is fine.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
Are members content to delegate to me the publication of the report that summarises the outcome of our deliberations on the LCM?
Members indicated agreement.
Criminal Justice Committee
Meeting date: 21 December 2022
Audrey Nicoll
Thank you, members—that has been helpful.
I will add a few personal comments. Jamie Greene talked about the correspondence between the Lord Advocate and the secretary of state. The Lord Advocate’s most recent correspondence was on 10 October, when she wrote to the new Northern Ireland secretary and outlined suggestions on the bill. As far as I am aware, the Lord Advocate has not had any response to that. On that note, the bill is nearly complete and through its journey, so I am concerned that nothing has come back from the UK Government in response to the Lord Advocate’s correspondence.
Secondly, I want to point out some comments from the Council of Europe Commissioner for Human Rights that the bill runs the risk of being found to be non-compliant with human rights. Indeed, the Northern Ireland Human Rights Commission also expressed grave concerns about the bill and its incompatibility with the Good Friday agreement. The cabinet secretary alluded to that in his statement when he joined us a couple of weeks ago.
Finally, I am uncomfortable with the notion that the ICRIR would have a role in Scotland that could impact on people’s access to justice, whatever that might be. I am also uncomfortable with the notion that the role and function of the Lord Advocate could be affected.
Does the committee agree with the Scottish Government that the Scottish Parliament should not consent to the relevant provisions in the bill as they have been set out in the Scottish Government’s draft motion?
It is probably best to go round the table and let members indicate their position.
For
Clark, Katy (West Scotland) (Lab)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
McNeill, Pauline (Glasgow) (Lab)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Against
Findlay, Russell (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)