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.
Displaying 1673 contributions
Criminal Justice Committee
Meeting date: 20 April 2022
Russell Findlay
There have been some historical issues with the judicial complaints process, which resulted in the first judicial complaints reviewer, who said that the role was pretty toothless, standing down. It is worth seeing whether anything has changed.
Criminal Justice Committee
Meeting date: 20 April 2022
Russell Findlay
The progress box on “Codes of Practice” is green—it is marked as “Completed”. I do not want to ruin anyone’s happiness, but there has been no response from the Lord President or from the Scottish Courts and Tribunals Service about complaints and how people might get redress—not in relation to judicial decisions, but in relation to conduct issues. I do not know whether they just did not choose to respond or whether there is any desire to go back to them to follow up on that.
Criminal Justice Committee
Meeting date: 20 April 2022
Russell Findlay
It is worth noting that, in relation to victims, there was no response from the Crown Office, the Scottish Courts and Tribunals Service or the Parole Board for Scotland on—
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
It is not just those two criteria that would apply in control zones, because private home owners could bring in a fireworks company, too. People who live in those areas might think that they will have some peace and quiet, but nothing will have changed, because fireworks could still go off there. That might confuse people.
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
Ignore the first part if you want. I am really asking about the unintended consequences of putting legitimate and responsible traders out of business while fuelling a black market in fireworks.
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
I have a question on licensing, but I will first make a couple of observations on the data. We have learned today what the Crown Office has done with the numbers from the past 10 years or so, but we still do not know how many actual incidents have been reported to the police or recorded by the police. Perhaps we can get that information.
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
Last week, Fraser Stevenson of the BFA told us that, in 2020, his organisation had sent the minister a 10-point plan, point 4 of which concerned raising the age at which someone can buy fireworks from 18 to 21. Given that we have heard today that the average age of those who are prosecuted is 22, that seems like quite a sensible proposal from the industry and is perhaps a more sensible and effective starting point than the legislation, which seems to be quite convoluted and confusing. Why was that suggestion not taken on?
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
The bill establishes penalties of up to six months’ imprisonment for some offences, yet the Scottish Government has extended the presumption against short sentences to sentences of up to 12 months. I wonder whether there is a possible inconsistency in that respect. I am trying to understand how that particular proposed sentence was arrived at.
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
We have heard that there is a lack of evidence on the number of cases that are currently prosecuted. We have struggled to get that information, and the British Fireworks Association witness expressed similar frustrations in trying to ascertain how much lawbreaking and associated prosecution there already is. How can we establish that? If, as the suspicion might be, the law is, indeed, not being used to its fullest extent just now, why add to that if there is a risk that the new legislation would not be fully enforced either?
Criminal Justice Committee
Meeting date: 30 March 2022
Russell Findlay
Secondly, on your observation that we might be able to ban fireworks if Scotland was independent, I do not know if that is what you are seriously proposing.
Going back to the licensing question, we heard evidence from a responsible fireworks shop owner, Norman Donald. He said that the licensing rules under the bill would most likely put him and others out of business. We have also heard evidence about the fabled white-van man of Blackburn, who roams around selling fireworks to children. The suggestion is that the unintended consequence of the bill would be to put legitimate operators out of business, while it is an absolute gift to the white-van men. Is that really something that you want to happen?