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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 3280 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 22 January 2025

Jackson Carlaw

Are we agreed on that? If colleagues agree, I would like to refer to the response that we received from the minister at the time. We could say that we accepted her response in good faith and are a little disappointed to find that neither of the things discussed in that response as being imminent has actually happened. That is of concern.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 22 January 2025

Jackson Carlaw

That is partly why I thought that we should also approach the Convention of Scottish Local Authorities.

I know that our colleagues are not here to give evidence but, having heard their submissions, I wonder whether they think that there are any organisations that we might want to include in any round-table discussion, beyond those that we have already mentioned.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 22 January 2025

Jackson Carlaw

As an alternative route forward, we could highlight to the petitioner that they could seek to approach a member of the next Parliament to see whether they would be minded to introduce a member’s bill on the subject, rather than simply come back with a fresh petition.

Are colleagues content that we act on that basis?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 22 January 2025

Jackson Carlaw

Are you content with that suggestion, Mr Golden?

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 December 2024

Jackson Carlaw

Thank you for that, Mr Ewing. Having heard that, are colleagues content, on this occasion, to close the petition?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 December 2024

Jackson Carlaw

PE2060, which was lodged by Daithi Broad, calls on the Scottish Parliament to urge the Scottish Government to review and revise existing legislation to offer better protection against trespassers. This is another petition that we last considered on 7 February. We agreed to seek the Scottish Government’s views on whether it intends to carry out work relating to the issues raised in the petition and to ask whether it would carry out any relevant awareness-raising work.

The Minister for Victims and Community Safety states that the Trespass (Scotland) Act 1865 effectively addresses the issue of persistent repeated trespassing. She also states that the Scottish Government does not consider that strengthening of the act is required and that no further work is planned in the area. She explains that the Government has received virtually no representations on the issue and will not take any direct action unless new and substantial evidence comes to light—so there we are.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 December 2024

Jackson Carlaw

Our next petition, PE2064, which was lodged by Julie Mitchell, calls on the Scottish Parliament to urge the Scottish Government to ensure that under-16s charged with rape are treated as adults in the criminal justice system.

We last considered the petition at our meeting on 6 March, when we agreed to write to the Lord Advocate, seeking an update on her review of diversion from prosecution as it relates to sexual offences and requesting figures on cases of rape by under-16s. The committee also made reference to the petition in its letter to the Minister for Victims and Community Safety on PE1947, as the issue of serious crimes committed by young people cuts across both petitions. We considered PE1947 just a short while ago.

The Lord Advocate’s response states that the review is making good progress. At the time of her submission, a review of the existing prosecution policies and round-table discussion events had taken place. That included contributions from stakeholders who represent children in conflict with the law.

The response also states that a senior advocate depute has been appointed to conduct an examination of all cases of rape that were diverted or referred to the reporter in the past five years. That examination will inform the revised prosecution policies, which were due for publication by mid-summer.

On the number of cases, the response states that there were 266 cases reported of rape or attempted rape between 1 January 2018 and 31 December 2023 for children aged 12 to 15. Those cases were reported jointly to the children’s reporter and the procurator fiscal. The Lord Advocate goes on to say that there were 462 cases reported of serious sexual assault between 1 January 2018 and 31 December 2023—the same time period—by children aged between 12 and 15, which were reported jointly to the children’s reporter and the procurator fiscal.

I think that the issues here persist and are of concern. Do members have any comments or suggestions for action?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 December 2024

Jackson Carlaw

That is very much the petitioner’s concern, too.

Certainly, that particular visit was one of the most harrowing that I have made. We respected the anonymity of the victims of violence and their parents, but the way in which they had been targeted and their lives ruined with the perpetrators carrying on regardless was really very difficult to hear about.

It was a long response from the minister. I felt that I was almost being given a manual, against which I would like to test the actual life experience of people who have been subjected to such violence, because the minister’s response seems almost to be floating above practical experience in its otherworldliness. It could do with a little bit of worldliness.

I am quite happy to pursue some detail, but it would be good to test with the minister the experiences as we heard them, as they are very much still being represented by the petitioner. Are we agreed, colleagues?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 11 December 2024

Jackson Carlaw

I would be happy to draw to the minister’s attention the testimonies that we received as an illustration that she might find useful in challenging any advice that she might be being given on what everybody thinks, because obviously not everybody does think that way.

Are members content with that?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 11 December 2024

Jackson Carlaw

Our first new petition, PE2119, which was lodged by Calum Campbell, calls on the Scottish Parliament to urge the Scottish Government to review the operation of the woodland creation scheme.

The petition has four particular asks: to make it mandatory for all new deer fencing to be marked, where necessary, with wooden droppers as it is erected to help prevent bird strike; to require all work on these schemes to be stopped or paused by the end of March to protect ground-nesting birds; to require NatureScot to carry out initial and annual environmental impact assessments to consider the effects of woodland creation on resident wildlife; and to ensure that any recipient of a forestry grant who then puts the forest up for sale must return the grant in full when sold.

10:00  

In the background to the petition, Mr Campbell raises concerns about bamboo canes being used to mark deer fences in a section of the Cairngorms national park. He suggests that they are cheaper and less effective than wooden droppers, and they have led to black grouse flying into the fence and being killed. The SPICe briefing provides information on the use of netting and other measures, such as sawn wooden droppers, which are intended to help reduce the risk of birds colliding with fences. It also notes that bamboo should be used only as a last resort to mark fencing on extremely high-exposure sites.

In its response to the petition, Scottish Forestry notes that the choice of marking material and position of deer fences will require consideration of the visibility of the marker, the proximity of the fence to grouse activity and the durability of the material, with particular focus on the exposure of the site and what that means for the longevity of the material.

The response goes on to detail Scottish Forestry’s processes for considering woodland creation applications and its statutory duties to assess and determine whether a project is likely to have a significant effect on the environment.

We have also received a submission from the petitioner in which he raises concerns that the target of planting new trees might not achieve the expected carbon capture, particularly where planting takes place on heather moorland. Mr Campbell also highlights on-going concerns about the specific site in the Cairngorms. Scottish Forestry had instructed the forestry agents to undertake remedial work to address the impact on the black grouse population, but, by the beginning of November, that remedial work had not yet taken place.

The petition raises quite a specific issue, and we have received what I thought was quite a comprehensive response to it. Do members have any suggestions?