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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 16 October 2025
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Displaying 1174 contributions

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Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

We all appreciate the intent, but the issue is about how things operate in practice.

I point Mr Findlay to the fact that the Scottish Government has some very specific concerns in relation to how devolution operates in Scotland, the powers of the Lord Advocate and the ability of people who are resident in Scotland and who have been impacted by the troubles to access justice via the Scottish courts when the powers of the commission close off opportunities to seek redress, either civilly or criminally. Those are concerns for us here, in Scotland.

We are not a lone voice in expressing concerns—I point the member to the concerns that have been raised across political parties in Northern Ireland with respect to the bill.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

As the Cabinet Secretary for Justice and Home Affairs, I trust our court system and our system of prosecution. While we will continue to seek to engage the UK Government on further amendments, as you would expect us to do, the bottom line is that the UK Government can proceed with the bill. Mr Greene will be aware of my dissatisfaction with that type of arrangement, but that is the reality that we are in. I suppose that I would dispute the premise of aspects of his question.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

Okay—that is fine.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

Pushing the UK Government?

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

I cannot comment on that.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

What I can say, if it is helpful, convener, is that we understand that there are no live cases.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

I do not know. I would have to go and check that information. If Mr Findlay wants a bit of an overview of how the bill will impact on issues such as prisoners and prisoner transfer, I could ask Ms McKinlay to provide that.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

It is a Government decision, and the Lord Advocate is a minister of the Government.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

It is important to recognise that the Government wants to act in good faith. Although, as I said, there has been no need for arbitration procedures to be used in the past, I consider protecting on-going arbitration arrangements to be a sign of strength, not of weakness. Bearing it in mind that police officers cannot withdraw their labour, it is imperative that they have access to other mechanisms.

As I said, under the 2016 act, the Parliament agreed that the Government would have to “take all reasonable steps” to implement any arbitration agreement. To put that into more human speak, we would seek, in the spirit of fairness, to fulfil any obligations that are placed on the Government when it comes to arbitration.

The wording in the legislation is “all reasonable steps”. It is not uncommon for such wording to appear in legislation. The Government accepts that arbitration arrangements should be in place and that we would act in good faith and seek to implement any arbitration decisions, other than in extreme and exceptional circumstances. I do not think that our position has changed over successive terms of office.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Angela Constance

Good morning.