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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 4 May 2021
  6. Current session: 13 May 2021 to 14 September 2025
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Displaying 989 contributions

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Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

I will come to Fiona first, if that is okay, to ask about the role of families in the process, because the way that I have become involved in individual cases has almost always been through families. Those who are left behind often have a huge amount of knowledge of what has happened. How do you envisage that families would be involved in the process?

Given that the proposal is for anonymity—I understand that that is how it operates in Wales—to what extent do you think there should be full disclosure with families? Dr Scott made a point about the situation in which the perpetrator is or may be a family member, which is a slightly different situation. In a situation in which there is no suggestion that the family are in any way involved, how do you see the role of families in the process? What would you recommend?

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

Beyond that, you think that the process should be anonymous and that those who have access to the report should be highly restricted. Is that the conclusion that you have come to?

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

I ask Marsha Scott to come in on that as well.

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

You have all made the case very strongly about the resource and financial pressures on the system, in local government and health and across the public sector. You have also made a powerful case in relation to duplication. It seems to me that the multilayered review system, as you describe it, exists in some cases—we perhaps need to deal with that—but there are other situations where that is not a feature. An example is the situation, as we understand it, in relation to Fiona Drouet’s daughter. I am involved in a case where, as far as I am aware, there is no review process. There are cases where there are no drugs issues, or no children are involved, or there is no social work involvement already. Is it fair to say that we need to look at those scenarios in different ways?

The committee’s role is to scrutinise what is in the bill. I appreciate and completely understand that you are not draftspeople, but are you saying that, in terms of the policy that we are trying to achieve, we perhaps need to ensure that those different scenarios are dealt with in different ways, in the bill and in the regulations that will come thereafter? Are you saying that you accept that there is a gap that needs to be addressed, but that there are other situations where there are already a range of review processes?

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

Is it your understanding from all the meetings that you have been to that the policy intention is to have a review in every case where there is a death that meets the definition?

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

I do not know a lot of the detail of how the process operates in Wales or the role of families there. Have you been able to look at that?

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

I presume that your view is that the report and other information should be shared with families and that there should be disclosure with families. Is that fair?

Criminal Justice Committee

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

Meeting date: 5 February 2025

Katy Clark

You think that the report should be redacted in some way to try to ensure that it is not possible to ascertain who it is about. Is that a fair summary?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Katy Clark

Is it your understanding that, when the defence objects, it would normally be the case that evidence would be given in person, and that it would not be the default for evidence to be given virtually?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Katy Clark

Yes, but we must look at what is in the bill and the black letter of the law. That is not clear in the bill, is it?