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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 8 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Russell Findlay

Can I ask a very quick question about judges, convener?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Russell Findlay

First, I thank you all for all the work that you have been doing, and for waiving your anonymity, which cannot have been easy.

The evidence that we have heard so far has been really compelling, and so many things that you have said jump out: being treated as an outsider in the court; being treated as a bit of evidence; and being alone and scared. I note what Ellie said about how the defence lawyers often conduct themselves and how the court is an environment in which individuals can act with impunity.

I have a lot of questions. One issue that we have not touched on so far relates to the proposed new sexual offences courts and the proposal that there should be a pilot of judge-only rape trials without juries.

Do you have any views on whether, in your circumstances, you would have preferred a non-jury trial, or were you satisfied with that aspect? Was the presence of a jury almost a counter to the legal establishment that dictated the rest of the proceedings?

Any one of you can answer.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Russell Findlay

Thank you. I am mindful that other members want to come in.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Russell Findlay

I asked the previous panel whether they had views on having the option of a non-jury trial. Would that have made any difference to any of you?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Under the new policy, if someone like Isla Bryson or—if you do not want to talk about individuals—any male-bodied sex criminal sought a transfer to the women’s estate, it could happen.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

I do not think that anyone has a problem with respecting individuals’ names and so on. This is about what is required of prisoners and staff being at odds with what prominent politicians have stated. Do you see that anomaly?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

—I am not getting a clear answer.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

Absolutely.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Russell Findlay

I do not doubt that.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 11 January 2024

Russell Findlay

I am sure that I speak for many MSPs and members of the public when I say that today’s session was pretty frustrating and fell short of really meaningful scrutiny. That is no criticism of the convener or the clerks, given the time that we had available, but, ultimately, the SPS policy puts the rights of male prisoners who identify as women above the rights of voiceless and vulnerable female inmates. It allows for an acceptable risk of harm to women, and it is a retread of the previous flawed policy.

If I understand it correctly, SSI 2023/364 allows staff to disclose information about prisoners’ trans status in the execution of their duty, which seems to be entirely proper.

On SSI 2023/366, although the default rule is that a trans-identifying male prisoner would be expected to be searched, or could be searched, by a female prison officer, the SSI allows for a prisoner of that definition to seek to be searched by someone of their birth sex. That is not in itself controversial. However, what is much more concerning in relation to the searching issue is that, despite repeated attempts, I was unable to elicit from the Scottish Prison Service today an answer as to whether prison officers in the female estate will have an opt-out when it comes to searching people who are male-bodied.

Obviously, we do not have a vote on the policy in its entirety: if we did, I would vote against it for all the reasons that we have touched on and many more that we have not had time to touch on. However, I do not intend to move the motions to annul the two SSIs.