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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 16 August 2025
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Displaying 3543 contributions

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Health, Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting) [Draft]

Tackling Drug Deaths and Drug Harm

Meeting date: 20 February 2025

Audrey Nicoll

The people’s panel recommended that

“All services should be able to refer to each other”

and that funding should be in place to allow that to happen. You said that you listened to the evidence from the previous panel, where there was discussion about the services in local areas not necessarily being connected in the way that they need to be. We welcome the Government’s response to that recommendation, which states:

“We will explore this further to better understand the specific barriers the court service and police have in referring to third sector organisations.”

Can you provide the committee with a wee bit more detail on what that will involve?

Health, Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting) [Draft]

Tackling Drug Deaths and Drug Harm

Meeting date: 20 February 2025

Audrey Nicoll

That is super. Thank you. We might be able to come back to that if there is time later in the session.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you.

Cabinet secretary, before we get under way, I wonder whether I could take the liberty of beginning with a question that I hope you will not mind my asking. I appreciate that it might not sit entirely within the scope of the bill. You might recall that, last year, the Citizen Participation and Public Petitions Committee led a debate on a petition calling for the creation of a specific offence that would enable courts to hand down longer sentences when miscarriage has been caused by an act of domestic violence. In your contribution, you said that you believed that there should be a statutory aggravator for causing miscarriage through such violence. Given the consensual nature of that debate, and the points covered in it, will you now consider introducing such an aggravator? Are you willing to meet me to discuss its possible introduction at stage 2 of the bill process?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you. I note the provisions in the bill that say that a case review panel could be instructed to carry out its review in conjunction with another form of review. That is reassuring.

I am conscious of time, so I will bring in Fulton MacGregor. We will then move on to part 1.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

I will now move us on to part 1. I will go first to Liam Kerr—once he is ready—and I will then bring in Pauline McNeill.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

A couple of members still have questions, but I just want to ask about digital productions and the authentication of electronic copy documents. In relation to digital productions, some concerns have been expressed that the original physical item—the physical production—might be disposed of before the potential evidence benefits of retaining it have been fully explored. What work is being done on a retention and disposal policy? Given some of the evidence that we have heard, might there be scope to make the position clearer in the bill?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

We have a bit to get through, so I am keen to encourage succinct questions and answers—I should have asked for that earlier. I will bring in Pauline McNeill.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much, cabinet secretary. That is appreciated.

We will move on to part 2 of the bill. I will begin by asking a question about the proposed definition of domestic abuse. You have helpfully outlined why you have settled on the definition that is set out in the bill. However, as you have acknowledged, we heard a range of views on the proposed definition, including that it is too broad and is out of line with Scotland’s current definition. One recent witness, Dr Emma Forbes, described it as borrowing

“too much from other jurisdictions when we should be setting our own path.”—[Official Report, Criminal Justice Committee, 29 January 2025; c 27.]

Could you add a little more detail on the thinking behind the range of situations that might be subject to a domestic homicide or suicide review?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you.

Cabinet secretary, before we get under way, I wonder whether I could take the liberty of beginning with a question that I hope you will not mind my asking. I appreciate that it might not sit entirely within the scope of the bill. You might recall that, last year, the Citizen Participation and Public Petitions Committee led a debate on a petition calling for the creation of a specific offence that would enable courts to hand down longer sentences when miscarriage has been caused by an act of domestic violence. In your contribution, you said that you believed that there should be a statutory aggravator for causing miscarriage through such violence. Given the consensual nature of that debate, and the points covered in it, will you now consider introducing such an aggravator? Are you willing to meet me to discuss its possible introduction at stage 2 of the bill process?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

That was reassuring and very clear. I call Rona Mackay and will then bring in Fulton MacGregor.