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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 12 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Russell Findlay

Amendment 70 sits alongside my amendments 71 to 74 and 77. Its aim boils down to the nature of the convictions that would need to be disclosed by an applicant and considered in the granting of a licence. What the bill does just now in that regard is—fairly inexplicably, in my view—pretty limited. It would seem to require consideration of only those convictions that relate to firework-related offences. We have already heard that there is a view, or a perception, that such offences are underutilised, so there are very few convictions of that nature. In order to better assess an applicant’s suitability for a licence, a proper picture of any criminal offending would be hugely beneficial.

With regard to disclosure, we believe that all convictions should be disclosed. That does not mean that the process would be detrimental to the applicant—it would simply allow those who are making the decision to have a complete picture.

With regard to the decision-making process, rather than being viewed through the narrow lens of what the bill proposes, it should include consideration of any conviction under solemn proceedings, not just those that are listed. That is about public safety and ensuring that due and proper consideration is given to the suitability of applicants, case by case, and based on information being available to those who are making decisions. It is a private process—it is not about compromising people or forcing them to disclose their past in an inappropriate way. That is essentially the thinking behind the amendments.

I move amendment 70.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Russell Findlay

I have no doubt that the minister will put me right on this, but my understanding is that those disposals would be available under the bill as it stands. We will hear from the minister on that point.

On the specific proposal for sentences of potentially up to 12 months, I point out that, in 2019, the Government itself legislated for a presumption against short sentences. As a result, sheriffs are disinclined to sentence anyone to anything less than 12 months. That kind of makes a new bill that stipulates a maximum sentence of six months somewhat disingenuous and possibly redundant; it is certainly something that the public might not fully understand. Given the expectation on sheriffs not to imprison anyone for less than 12 months, even though they can do so, I think that changing the provision in the bill from six to 12 months would make a lot clearer to sheriffs the range of options available to them.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Russell Findlay

I do.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Russell Findlay

As it relates to convictions, convener, I think that I will press it.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Russell Findlay

I will just respond to that directly. There is a mechanism to revoke licences, which would include consideration of certain convictions, but that is subject to further discussion.

The point about cost is a good one. I wonder whether, if there was a two-year limit or something like that, there would be a way of having an initial cost of obtaining a licence that was set at whatever number is arrived at, and then a renewal cost that was a fraction of that.

Criminal Justice Committee

Policing and Mental Health

Meeting date: 18 May 2022

Russell Findlay

Thank you. We will finish with David Hamilton and then Inga Heyman.

Criminal Justice Committee

Policing and Mental Health

Meeting date: 18 May 2022

Russell Findlay

As ever, we have barely touched the sides, and there is much more that we could have gone into, but I appreciate everyone’s time today. If there are any issues that you need to follow up, I ask you to do so in writing, please. I thank you all for your time.

10:51 Meeting suspended.  

11:00 On resuming—  

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Russell Findlay

Yes.

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Russell Findlay

Alison Penman, from the perspective of child protection, do you think that enough resource is going into investigating this kind of stuff?

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Russell Findlay

We have time for a brief question from Jamie Greene.