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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 14 June 2025
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Displaying 1227 contributions

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Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

You will have heard some of the evidence that the committee has taken. I will summarise what has interested me about the evidence that we have taken. We heard criminal lawyers and the Faculty of Advocates talk about the fee structure. The Faculty of Advocates said that it has upped the average number of daily cases from 12 to 20, but it still thinks that there will be a shortage of defence lawyers in the system.

We also heard a lot about the job of a defence solicitor. There is an important point to address here about the work-life balance of defence solicitors. They have to go to the police station late at night. The vulnerability of many of the clients of defence solicitors must be acknowledged, too. Do you agree that, as part of any changes to the system, there needs to be acknowledgement of the fact that being a defence solicitor brings with it all those things? Whether a defence solicitor works for the PDSO service or has their own firm, the job is probably much the same—they deal with vulnerable people in the criminal justice system who want a choice of lawyer and who want to be properly represented to give themselves the best chance of having their case put. Most ordinary people probably do not appreciate the hours that defence solicitors work. Do you agree that such acknowledgement is required?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

My next question is one that the Scottish Police Federation has posed. It is about public confidence and the pressures on the police. According to the SPF,

“police officers across Scotland have almost 50,000 rest days due to be re-rostered as a consequence of operational demands outstripping available resources. Beyond that … an additional … 100,000 … days have already been re-rostered to future dates.”

The obvious question is, how long can we keep doing that for? Is the authority asking the Scottish Government to programme that in? Through the pandemic, police officers have had to put public policing first, which builds up roster days. I would have thought that it would be grossly unfair not to recognise that that is an additional pressure on the policing budget. What is your ask of the Scottish Government in relation to that?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

No, my question is on something else.

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

That was a really helpful answer.

I have a very quick question, the answer to which will, I hope, be short. You will have heard—I think that you agree, although you can correct me if not—that fixing the early plea aspect of the fees structure might be helpful. Could you put your views on that on the record? Until we find alternatives and discuss and agree on some of what you have mentioned, should there be, in the short term, an immediate uplift in fees, in addition to what has happened, in order to ensure that we continue to provide an adequate service overall for people who seek to be defended in the criminal justice system?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

Good morning. I want to follow up on the question that the convener put to you on the issue of cybercrime, which, according to the figures, has doubled in the past few years, so it is quite a significant issue for policing.

You said to the convener that you are considering the recruitment of civilian officers. Whose decision is that? The idea of recruiting more civilians is one that I have heard before. Opinion is divided on where the line should be when it comes to having people other than police officers do the job. Is that a decision for the SPA to make or is it one for Police Scotland? Can you say anything about which jobs would be civilianised?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

This question is probably about the capital budget, but the witnesses can tell me if that is right. It is perhaps for Mr Brown—but, again, you can tell me.

The Scottish Police Federation gave evidence about the co-location of police services. Its concern is about the condition of the police estate, and I am sure that it is a fair concern. It is saying that in such cases, Police Scotland has been

“the tenant and not the landlord”

and that there would be increased revenue pressure in the long run if there was more co-location of services. The SPF says:

“This tends to suggest that desperation, rather than suitability is the key driver.”

Is it a principle of the SPA or Police Scotland to seek co-location, or is it a measure of last resort? Obviously, there is an immediate pressure, but, looking to the future, I would not have thought that it would be ideal to co-locate when you are sharing a building with completely different services. That is my concern—I have been controversial in the past, I have to say.

11:15  

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

My question is on a different subject. Is that okay?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

Thank you. When I first read about that, I did not like to think that there was any reason for the restriction of newspapers and reading materials, particularly for prisoners who are detained.

As I understand it, there are no time limits, although there are caveats to that. Are you certain that that complies with human rights law?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

I am interested in the impact on the quality of justice, given what we have just heard. I would also like to hear from Colin Lancaster about the system and early pleas.

I will start with Ian Moir. We have heard about the number of practitioners who are leaving the profession, and you have outlined the issues around competing with recruitment to other places such as the Government, and the gap in pay. You also talked about the work-life balance of criminal legal aid solicitors. Can you say a bit more about that? Is it the primary reason why we are losing solicitors from legal aid defence?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

That is an important point, which I want to come on to. I want to bring in Tony Lenehan on that. The SSBA submission mentions the recent boycott and the #gownsdown campaign. We also heard from Ian Moir about the importance of lawyers’ experience.

Perhaps Tony Lenehan can say whether he thinks that the ability to choose a solicitor, and to have a solicitor with experience, is important for the quality of justice. I note that progress has been made, but do you have concerns about the quality of justice if we do not find a solution to the current issues in the short term?