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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 22 October 2025
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Displaying 792 contributions

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Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 21 May 2025

Fergus Ewing

I note that our two responses are from the national fertility group, dated 4 July 2024; and from Public Health Scotland, dated 8 May, which was barely two weeks ago. I also understand that we have not heard from the petitioner and I am keen that she should have a proper opportunity to respond to the latest comment from Public Health Scotland.

As you alluded to, Scotland has a better record on IVF than elsewhere in the UK, which is commendable and a matter of some satisfaction. However, according to the petitioner, the elapse of time makes the whole objective of achieving and giving life much more challenging, particularly for single women. Time has passed—a couple of years—since the petition was submitted.

Last week, we spent a lot of time talking about the ending of life. The gift of life is the biggest gift that there can possibly be. Therefore, I think that, first, the petitioner should have an opportunity to comment, if she wishes to do so. Secondly, the replies from the national fertility group and particularly from Public Health Scotland were somewhat vague and talked solely about process. They gave no idea of when the various items of work that they alluded to were to begin or finish, and that is surely not satisfactory.

I suggest that we also write to the minister, simply to ask whether clarity can be provided as to when all that work will come to an end. While congratulating the NHS and all who are involved in the good things that are being achieved, we should also urge that much more be done to help women, particularly single women, who the petitioner believes and perceives are not able to access services as they should—although that point is contested. That would be a full response to the petition, which is a very important one.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 21 May 2025

Fergus Ewing

I do not think that the issues will ever go away.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 21 May 2025

Fergus Ewing

This is the other petition that has received my detailed attention. The minister’s response was fairly positive, but it is now almost a year old. It stated that work was to commence in early course, but the programme for government contains no reference to that legislation, as the convener said, and it is not clear whether the work has commenced or is to be commenced.

I therefore suggest that we do two things. First, we should write to the minister to seek an update on the submission of 29 July 2024 and, in particular, clarity on whether the work that is referred to in the last paragraph of the letter has commenced. It stated that the Government intended

“to commence this engagement in early course.”

Secondly, the petitioner’s response of 30 July 2024 recognised the minister’s concern and thanked her for her helpfulness to the committee, but it raised a very interesting point about whether victims are able to apply for an extension of a non-harassment order.

I gather that non-harassment orders are normally granted for a specific period in time. It therefore seems to be an extension of natural justice that, if the victim feels that there is a reason why that time period should be extended, they should have the opportunity to apply to court for an extension thereof. I would therefore be grateful if, in writing to the minister, we could inquire of him whether it is the case that the current law—which I think is, from memory, the Act of Adjournal (Criminal Procedure Rules Amendment No 2) (Non-harassment order) 1997—allows the victim to make such an application, and, if not, whether that would be part of the legislation that the minister is considering bringing in and considering in early course.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 21 May 2025

Fergus Ewing

I do not oppose that, because a lot of progress has been made and a lot of the points that the petitioner raised have been answered. However, I note the fact that, in the petitioner’s response of 5 May, which is hot off the press, he sets out very clearly his response on each point. Some of the points that he makes certainly have substance, and others may do. I do not think that we can do much more with the petition in the remaining time that is available to us this session.

I commend the petitioner for his forensic focus on the defects in the code. To be fair, the responses have been relevant, but the petitioner may wish to come back to the Parliament in the next session, after he has reflected further on the changes.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 7 May 2025

Fergus Ewing

You have highlighted that, in the Victim Support Scotland written submission of 20 November 2024, considerable doubt is cast on current approach and on how an absolute discharge can conceivably be justified. I appreciate that the Government’s argument is that that occurs only in the most exceptional circumstances, but we do not really know what those are nor how frequently the disposal has been deployed, and we should know that.

On a wider note, I suggest that we write to the Scottish Sentencing Council to highlight Victim Support Scotland’s written submission, and to ask how people can have confidence that absolute discharges are being used appropriately, given the serious nature of rape and sexual assault and the lack of information that is provided about what “exceptional circumstances” means in practice for such cases.

We should also write to the Lord Advocate and to the Cabinet Secretary for Justice and Home Affairs, asking the same questions so that we get a suite of answers, and highlighting the worrying and troublesome fact that those who are subject to an absolute discharge would not be made the subject of sex offender notification requirements—in other words, they would fall off any radar that exists, however adequate, or not, it may be. Again, that seems to be an anomaly.

Finally, the petition has—quite understandably—attracted a fairly high level of support. From memory, it has 563 signatures or thereabouts, and the number has gone up substantially from when we previously considered it. It is, therefore, plainly a matter of considerable public interest. For that reason, even though we are moving towards the end of the parliamentary session, I think that, rather than closing the petition, we should have at least one more shot at obtaining information that we have not—in my view, at any rate—thus far obtained.

Citizen Participation and Public Petitions Committee [Draft]

New Petition

Meeting date: 7 May 2025

Fergus Ewing

I agree. I am struck by the information that we have had from the petitioner and others about the gravity of the problem and the extent of the risk that those women are exposed to. In our papers, I note that Ash Regan’s work on the topic of hostel safety is referenced. She has referred to the need to “stop more women dying”. The Glasgow Times has run a campaign that highlights the issue.

Although the Scottish Government has said that funding has been provided, there is a lack of clarity about whether any of that funding will find its way to providing the solution that the petitioner wants. I agree with the approach that Mr Torrance has advocated, but we should specifically ask what will be done to address the issue this year—so as to elicit not a vague response of, “Money will be made available in a general way,” but what exactly will be done—otherwise we will be in the same position and no further.

I hope that I am not being unfair to the Government—needless to say, I never wish to do that—but my concern is that women’s homelessness is one of those issues on which we talk about spending huge amounts of money but nothing actually happens.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 7 May 2025

Fergus Ewing

I agree with what you have said, convener. In her response, which I am looking at, the minister, Jenni Minto, said:

“there is currently a lack of strong evidence for the effectiveness of enacting legislation to mandate deployment of PAD”—

public access defibrillators—

“in designated places”

and

“it is unclear whether such legislation would be ... effective”,

which suggests that there could be some evidence—we do not know what it is. If there is a lack of clarity, the best way to proceed might be to call the Minister for Public Health and Women’s Health to give evidence to the committee on the petition. I do not wish to pre-empt any procedure; we will also consider the next petition, which is also about defibrillators.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 7 May 2025

Fergus Ewing

I was going to say something very similar. In the light of the tragic circumstances that befell the petitioner’s family, the petitioner has allowed the matter to be raised in the Scottish Parliament and allowed us to obtain the evidence that you refer to. The evidence shows that, in every country in the world that has policy on the issue, bed sharing seems to have a fairly high risk of cot death, which is tragic and sad. Through the petitioner’s efforts, he has been able to highlight the issue and what is a tragic loss for any such family.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 7 May 2025

Fergus Ewing

I agree with all that, convener—I have one further point to add. The Scottish Government, in its response, says that there are checks and balances, one of which is that if the Crown Office and Procurator Fiscal Service considers that the court has imposed an unduly lenient sentence, it is open to that body to appeal against the sentence.

I wonder if it could be clarified—I should know this, but I do not, because my practising days have been over for two decades now—whether that applies to an absolute discharge. Is that a sentence, or is it in fact an exoneration of sorts? If it is the latter, does that provision apply, and can the Crown appeal against an absolute discharge? Secondly, if the Crown is competent to do so, has it ever done that? Has that actually happened?

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 7 May 2025

Fergus Ewing

I agree. I do not think there is any purpose in pursuing the petition, because the petitioner has achieved his principal objective of seeing HPMAs scrapped and put in the burgeoning policy recycling unit that is probably somewhere in a bunker in St Andrew’s house. That is good news.

I read the reply from NatureScot, which arrived quite promptly in July last year. It was the shortest response I have ever seen from NatureScot and said that it was not pursuing HPMAs, although that was not really what I had suggested that it might do. I had suggested that NatureScot might pursue the same objective by other means—using not HPMAs but other methods to constrain fishing.

I place on record my extreme concern that the lot of inshore fishing, in particular, has become such that the future of the industry is parlous. For example, on the Clyde and the west coast, the influence of non-governmental organisations and overregulation resulted, a few years ago, in the very sad depletion of what used to be a huge fleet of fishing boats all round that coast. That should be a matter of real concern to all who cherish the contribution of fishermen to our economy. They seem to be beleaguered and under threat.

I say that because it is what has been put to me by various representatives of fishermen and their families in the past four years. In closing the petition, we must certainly not neglect to defend the interests of Scotland’s fishermen.