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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

Therefore, although the wording “indefinite period” is used, the period of time that an individual spends under the notification is reviewed and, if the individual remains in a notification situation, it is because the police have reviewed the situation and assessed that individual as posing a continuing risk.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

What test do the police use to decide whether the notification period should come to an end? Is a set of tests applied?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Under the notification system, the interaction between the police and the individual in front of them is a bespoke—to use your word—process.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Under a civil order, once the formal notification is made, the individual is required, as you said, to notify the police of their name, address and various other details, and to keep that information up to date if circumstances change. Are the police made aware in any other way of individuals who should update the register, or is the obligation on the individual?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

For the purposes of the bill, we are looking at registration. Registration could have been occasioned through a civil case, which involves a different burden of proof and such things, but Police Scotland would treat individuals who were subject to notification requirements in exactly the same way, irrespective of why the notification arose. Does that make sense?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

That is a parallel of chief constables’ responsibility to review indefinite notification requirements and to actively remove orders that cease to be needed. If a chief constable chooses not to remove an order, the decision could still be sent for review to a sheriff at the request of the individual to whom the order applies.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

I thank you, your colleagues and Police Scotland for managing to do this at much shorter notice than is normal. It has been an incredibly helpful evidence session. I am glad that you have offered to come back to us if we have additional questions. I will reciprocate: if there is anything that would like to add that you could not add, please feel free to contact us.

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Notwithstanding anything in the bill, there is already an assessment made of every individual whom a lead agency comes into contact with as to whether notification is the correct way to move forward, so there is work happening even before there is a legal requirement for notification, either because of the specific schedule or a decision of a judge, because of the content of why the individual is before them. Is that correct?

Standards, Procedures and Public Appointments Committee [Draft]

Scottish Elections (Representation and Reform) Bill

Meeting date: 31 October 2024

Martin Whitfield

Some of the offences that lead to notification can occur in other parts of the United Kingdom and other countries. How does that work, in relation to the practicalities? If an offence is occasioned overseas, are you as satisfied as you can be that, if the notification criteria are met, the individual involved will come forward, notify properly and come within the system?

Standards, Procedures and Public Appointments Committee [Draft]

Interests

Meeting date: 31 October 2024

Martin Whitfield

Good morning, and welcome to the 22nd meeting in 2024 of the Standards, Procedure and Public Appointments Committee. I have received no apologies this morning.

I want to welcome back a former member of the committee, in the form of Sue Webber MSP. Under agenda item 1, I ask her whether there are any relevant interests that she would like to declare.