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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 7 May 2025
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Displaying 1039 contributions

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Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

Convener, I am not gonnae breenge into Northern Irish affairs. With respect to—

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

Yes, but it is a UK Government bill, so it is my job to point out where it has implications for our devolved responsibilities in Scotland. Issues in and around immunity, so far as they impact on Scotland, would be for the Lord Advocate. Access to justice issues would be a matter for our courts.

I am cognisant of the fact that all political parties in Northern Ireland have raised concerns about the bill, but it is my duty to be clear to the Parliament about my objections in terms of the matters in and around the LCM and the fact that the bill continues to cut across the powers of the Lord Advocate. That is a cornerstone—it is not a technical matter but a fundamental cornerstone—of how our criminal justice system works and of how deaths are investigated in Scotland. As members would expect, the Scottish Government has strong views on the ability of the Secretary of State for Northern Ireland to not even inform, never mind not consult, us if he steps into devolved areas. These are more than technical matters; they are fundamental.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

I would have to seek advice on that. There has certainly been correspondence between the two Governments and between the Lord Advocate and the UK Government.

On an alignment of views, as I said in my opening remarks, we welcome the movement that has been made by the UK Government to reduce the impact on the Lord Advocate’s discretion and powers. Nonetheless, the commission still has the ability to grant immunity, which fundamentally cuts across the Lord Advocate’s powers.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

To be blunt, we have the highest possible level of expectations on binding arbitration. That was one of the issues that the federation raised and I think that I have addressed that.

I have addressed with the committee the issue of who, where and when is appropriate for regulations vis-à-vis constitutions.

In the correspondence, an issue was raised with, I think, paragraphs 37(a) and 37(b), in relation to the ability to bring in non-members of the board. I assume that that is about having different experts to give advice or input. That happens currently and would be a matter for the PNBS in its normal day-to-day process—there is no need to set it out in the constitution.

It is my view that we have addressed those points. I am happy to continue doing so with the committee, but the nature of the regulations and the fact that they cannot be amended are rooted in the 2016 act.

I will check whether my officials want to add anything.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

Currently, the PNB works by bringing together all the sides—the staff associations, the Scottish Police Authority, Police Scotland and Government officials—and then making recommendations to ministers. That is the size of it—I do not think that I have missed anything out.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

The Government is represented in the room, so we would seek to fulfil what the PNB agreed.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

As I said, I am happy to answer any questions from the committee if there are matters that the Scottish Police Federation has raised—that is not a problem.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

If all sides cannot agree, the matter goes to arbitration. We have always avoided that in the past, but that does not mean that we will not go to arbitration in the future. I do not view going to arbitration as a negative; I think that I am on record as saying that I would view it as a strength, not a weakness, that we have built that into our system.

The best way to describe the arrangement is that there is a tripartite agreement between Police Scotland, the SPA and the SG. They are the three partners on the employer side, if you like, that would have to agree to fund any settlement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

Yes. Peter, when was the constitution published?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

The constitution is referenced in the regulations. Today, we are agreeing the regulations in which the constitution is rooted. The legislation and regulations are a matter for the Parliament. It is now for the PNBS to agree its own day-to-day operations. I will just check with officials that I have articulated that correctly.