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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 4 March 2026
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Displaying 1385 contributions

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Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

I have read the correspondence that Mr Briggs refers to. I am not deaf, blind or insensitive to that. As I said earlier, it is for every victim and survivor to speak to their own experience. I do not want to comment too much about what particular victims express, as I would not want anything that I said, in any shape or form, to undermine their right to express their experiences and trauma in the way that they see fit.

I have contact with many victims and survivors. Many will express to me their support for the work that the Government is doing, whether that is work that I have led individually or work done elsewhere in Government. Many victims and survivors make changes because they have the courage to come forward. I am conscious that they do so because they want to prevent the same thing from happening to other people.

Something that I reflect on carefully, and that I am particularly careful with as a minister, is that we should not have to rely on witnesses and victims coming forward to provide their testimony to make changes. It feels to me that a double burden is often put on them: the burden of their trauma and what they have experienced, and the burden of feeling that they must come forward to make changes. That is what I want to work on and address, such that the system and every part of the system is self-improving, and so that we do not have to rely on victims and witnesses being retraumatised and feeling that they have to share their experiences.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

Because I had asked to make a private call.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

We cannot have any destroying of evidence. If there is any evidence of that occurring now in relation to the matters that we are currently debating and wrestling with, that would be utterly unacceptable. I am quite sure that there would be criminality as well as professional misconduct associated with that.

I will ask officials to respond, too, but I recall from previous work that instructions can be given prior to an inquiry to make it crystal clear that there should be no destruction of any evidence.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

I am conscious that, today, it is me who is at committee. We are all entitled to speak to events as we see them.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

As you say, I was calling as a result of comments that I had made as cabinet secretary. I wrote up a note, and I have provided that to my office.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

I wrote it up that day, and I would have sent it to the office either that day or the next day. I would have to check.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

I do not imagine that there is a parliamentarian in this place who does not look back at how they have expressed themselves. Could I have expressed myself differently? I am quite sure that I could have, but the quote was accurate.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

In the real world, the protection of our children is multidisciplinary, and there are joint investigations between police and social work. I led on child protection when I was the children’s minister a long time ago, and I had the ultimate responsibility for it when I was Cabinet Secretary for Education and Lifelong Learning, which was also a long time ago.

I will ask Iona Colvin or Andrew Watson to speak to the work that officials do to ensure that we have the right focus, but I will give an example of the work that I am involved in now, as justice secretary. I chair the serious organised crime task force, which has looked at the work of one of Professor Jay’s reviews, which was on the criminal exploitation of children. I led on work with respect to that. Child protection sits with my colleagues in education, but I emphasise that we all have a responsibility towards it.

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

There are two strands to that work. We have committed resource, and committed to a timeline, with regard to the provision of independent legal advice. That is different from the provision for independent legal representation in the Victims, Witnesses, and Justice Reform (Scotland) Bill that I spoke about earlier, which is specific to the rape shield provisions in the bill. That relates to what happens when lawyers are contesting what evidence should be led about an individual, particularly if it concerns private and personal information belonging to a complainer in a sexual crime. The individual’s voice was absent from that process, and they were not represented—everybody else was there, with their lawyers, but their voice was not represented.

Independent legal advice is a bit different from independent legal representation—

Education, Children and Young People Committee [Draft]

Professor Alexis Jay and the Cabinet Secretary for Justice and Home Affairs

Meeting date: 17 December 2025

Angela Constance

That will be one of the earlier pieces of work with which we will proceed. I would have to get back to you on that, but it will be one of the earliest.

The first provision in the bill to be enacted will be the abolition of the not proven verdict. Work on that is being led in collaboration with the Emma Ritch law clinic, for example, which we fund. Work has been produced on the best model to support independent legal representation. I have made a commitment to the Criminal Justice Committee, and therefore to the Parliament, about a pilot for independent legal advice, which is about supporting victims, survivors and complainers earlier in the process so that they can access advice from a King’s counsel, for example, about what to expect in court proceedings. We will be advancing that work next year—there are timelines associated with that, and I will write to the committee about that, but they are in the next calendar year.