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Chamber and committees

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 6 May 2025
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Displaying 1487 contributions

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Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

You used the acronym MAPPA, which has appeared in chunks of our evidence. Would you like to explain what that is, rather than who it is?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

I will explore that in a bit more detail. Some notifications arise from a criminal conviction under schedule 3, as you described, but sexual risk orders are also civil orders. Is that right?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

I thank you for that—that is exactly one of the purposes of bringing experts in to give evidence. I thank you, your colleagues and Police Scotland generally.

I now move the meeting into private session.

10:04 Meeting continued in private until 11:02.  

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

That is what I was going to ask about. Therefore, there would have to be additional evidence that related to the period after the issuing of the first order, and common sense says that, if there was not that evidence, it is unlikely that that would be pursued, unless there was a very cunning reason for that. However, it would be the subsequent behaviour that would be looked at by the courts and, if it was appropriate, that would come under the new scheme of notification.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

If the decision is taken not to discharge those orders, those would continue. In that case, would the individual then have a right—

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Therefore, it would be helpful for the committee to contact the Scottish Government to ask for clarification in respect of the statement that all SOPOs and RoSHOs will finish on 31 March 2028 and to ask when they will actually finish.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

DCI Chisholm, would you like to add anything else?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

I assume that Police Scotland, through the chief constable, takes full responsibility for the notification enforcement and requirements, and that the overseas court would have nothing to do with that.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

The other bodies that are involved in MAPPA, especially the health bodies, have other obligations that relate to the care of the individual—indeed, they have very strong obligations to undertake certain actions. That is completely separate from the SONR stuff. We are simply talking about people’s best endeavours with regard to notification so that everyone is aware of an individual’s risk profile because, at the end of the day, MAPPA is about protecting the public from the specific risks that someone might present. It is not a sentence; it is about how an individual can remain in the community, while being monitored appropriately to a level that provides reassurance to the public that, as far as possible, they are safe. Is that right?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

So, MAPPA is the best vehicle for sharing data to ensure that the various appropriate bodies are aware of those individuals who come under the notification scheme, know their location and know what support is needed. However, nothing under MAPPA removes from the chief constable the administrative obligations that exist under SONR. Those remain with the chief constable, although they delegate them, as you have said. Therefore, the final responsibility with regard to matters such as the indefinite period still rests with Police Scotland and the chief constable.