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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. Session 6: 13 May 2021 to 8 April 2026
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Displaying 757 contributions

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Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

Thank you.

I have one final question, which relates to education in schools. In its evidence, the Crown Office and Procurator Fiscal Service highlights the right given in the bill to withdraw pupils from domestic abuse education and suggests that there could be implications in respect of the United Nations Convention on the Rights of the Child. I found that an interesting observation. Can you say any more about it?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

That sounds as though it could be an extensive process for Police Scotland.

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

Apologies. I have a heavy cold today. I have a few questions for the witnesses, predicated on some of the written evidence that you have provided, with some questions that are specific to specific witnesses. The first is for the Crown Office and Procurator Fiscal Service and is on the area of data collection and reporting. In your helpful submission, you set out your concern that the provisions in the bill

“provide for a victim of domestic abuse potentially being asked for the same comprehensive personal data multiple times”.

Will you expand on that a little further and set out why that might be a concern?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

I will stick with data collection and reporting for a question to Professor Gilchrist in relation to the Law Society’s written evidence, in which you set out concerns regarding the proposal. Perhaps you can respond more widely on what those concerns might be, but I notice that you say specifically that, as an organisation, you wonder

“whether it would be more useful to analyse data regarding the offence itself rather than the complainers’ characteristics.”

Will you say a bit more about that?

10:00  

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

That was helpful.

I know that you did not cite this issue, Professor Gilchrist, but I saw you nodding along to what Dr Forbes was saying. Do you have an observation on this area?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

Is there potential for the cost to be quite significant?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

Do you get the sense that not enough thought has been given to the issue of compliance with the UNCRC at this stage?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

That is helpful.

I turn to issues related to resourcing. Katy Clark asked a question on part 2 of the bill, but issues have also been raised about resourcing in relation to part 3. The submission from the Crown Office sets out its concern that

“the Bill’s Financial Memorandum … suggests that implementation of Part 3 within COPFS will be low and met within existing budgets.”

It goes on to say that

“Given the range of data to be collected … and the interface of COPFS systems, implementation is likely to require significant system updates with corresponding resource implications.”

Will you say a bit more about that? Has any assessment been done as to the likely resource implications for the organisation?

Police Scotland said something similar. It said that it is

“generally supportive of the principles of Part 3”,

but that

“implementation would require Police Scotland to develop training mechanisms to ensure that the relevant data was collected appropriately and sensitively, along with updates to internal systems to ensure that data is recorded and reported accurately.”

I will therefore put the same question to Detective Superintendent Brown.

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

I presume that the answer to this question will be yes—please correct me if I am wrong—but, just to round this off, do you feel that the issue has not been given due consideration and that there is a possibility that the bill as drafted might fall foul of our legislation with regard to compliance with the UNCRC?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Jamie Hepburn

Thank you.