The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1467 contributions
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
That exchange rather says to me that the association is picking and choosing what it is engaging with. That is where I have a difficulty with the association’s position, because that relates directly to the rule of law.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
If the association believes in the rule of law, on what basis do your members have the right not to follow the rule of law?
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
That rather matters to Parliament as well, and especially to those of us who believe in the rule of law.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
I do not follow the point that you have made in this argument. You have accepted that Parliament has the right to legislate in those areas. If that is the case, and if Parliament has decided that that is to be the structure of our criminal justice system, that is the definition of the law. I do not understand how members of the profession, who will do as you have done today and profess that they support the rule of law, can actually fulfil that and hold the position that you have set out, if the democratic institutions have decided that that is an appropriate step for us to take.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
The answer that you have just given is slightly different from the ones that you gave me. Rona Mackay put to you the nature of the proposition, and you said that it is your job to make laws work, but you told me that you will not do that if the bill is enacted by Parliament. That is quite a contradiction of what you said to me in your earlier answers.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
Could you explain to the committee the association’s understanding of the role of the Scottish Parliament in our constitutional structures?
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
If Parliament supports the bill, it will make it the law of Scotland that there should, on a pilot basis, be judge-only trials for rape cases. That will be the law of Scotland. I am intrigued to understand on what basis your members have the right not to follow that law, when you have told the committee that it is the job of the legal profession to do its job in trials.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
I am interested, philosophically, in how members of the legal profession can, in essence, say that they will not follow the rule of law, if Parliament agrees to the legislation.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
You are picking and choosing what law you are going to follow, are you not, Mr Brown?
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
You will understand my confusion here, Mr Brown. You have just said that there is a good reason for the rules that are in place for the faculty. The process is not concluded yet, but Parliament may well legislate for juryless trials in this bill. I want to understand what message the association’s stance will send to the wider public in Scotland, when members of the legal profession are not prepared to adhere to the rule of law, although you have told the committee that there is good reason for advocates to be under the obligation that they are under.