Seòmar agus comataidhean

On a point of order, Presiding Officer. I was not able to connect. I would have voted yes.

I am grateful for the opportunity to speak in this debate on an important piece of legislation: the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill. As colleagues have done, I thank the clerks to the Criminal Justice Committee, who have done an excellent job, and all those who gave evidence. I also thank the Scottish Government ministers and officials for their attendance and engagement during stage 1. I fully understand the importance of the proposals, the work that went into preparing the bill and the positive impact that it will have.

This afternoon’s excellent and constructive debate shows that there is a consensus on the importance of what needs to be achieved by the bill and the positive benefits that it will have if it is enacted and the provisions are implemented. There are also some shared positions on how we can, collectively, improve the bill ahead of stage 2.

Given that a lot has already been said in the debate about different aspects of the bill, I will focus on some aspects of part 1. I remind Parliament of my entry in the register of members’ interests, which states that I am on the roll of Scottish solicitors.

Part 1 supports greater use of digital technology, which will modernise the justice system even further with positive benefit for all. The measures seek to modernise the sector through greater use of digital technology, including for evidence sharing and making processes more efficient. Part 1 will also allow the electronic signing and sending of documents in criminal cases and more virtual attendance at criminal courts, which other members have touched on.

As has been stated, provisions in that regard have been in force since they were introduced, in 2020, in the emergency coronavirus legislation, and they have been firmly embedded in Scotland’s justice system, making many justice processes more efficient and reducing costs. The intention behind the bill is to enable all partners across the criminal justice system to maximise their resources and deliver services in an effective, efficient and sustainable way. The legislative underpinning that is provided in the bill will, importantly, allow pilots to be undertaken and a sustainable model to be explored further.

In paragraph 112 of our report, the committee notes:

“At present, the framework in the Bill is enabling rather than prescriptive, and sets the parameters within which courts can take decisions on virtual attendance. However, we consider that the Bill must include clearer rules setting out how the courts should use their powers.”

It was interesting to hear views on that from the variety of people who gave evidence to the committee at stage 1. The concerns that were expressed to us were mostly about practicalities and implementation. It is important to recognise that the commencement power in section 28 will mean that, although there will be an expectation of greater use of the powers once the bill has been enacted, it will be at the court’s discretion to determine whether attendance may be virtual or must be in person.

I note the Scottish Government’s response that

“the Bill as drafted ... adequately allows individual courts to address the issue of location of remote attendance. By providing that this is to be considered on an individual basis, rather than having a prescribed list of suitable locations from which evidence may be given, the Bill allows the court to fully consider the facts and circumstances in each individual case and the individual locations proposed, recognising that there will be a range of suitable locations.”

I absolutely empathise with the Government’s position not to have a prescribed list, because that could be a substantial listing of different circumstances and locations in which people could give evidence. However, I wonder whether, ahead of stage 2, we can collaborate to take on board what others have raised about, for example, the consistency of the digital link, the need to avoid digital exclusion, the need to have an inclusive, safe and supportive environment for people who give evidence, and our expectations for how evidence will be given by different types of witness.

The proposal to increase virtual attendance in the right circumstances is absolutely the right thing to do. Virtual attendance can ensure that witnesses and others who are involved in giving evidence do not feel intimidated, feel supported and are able to give their best evidence, or that the time of police officers and expert witnesses is not unnecessarily wasted—which can sometimes be, and has been, the case.

Perhaps some work can be done collectively ahead of and through stage 2, and into stage 3, to get a more definitive position on carrying out in the right way the practical implementation of the bill, the aspirations of which we all want to achieve and which will make a meaningful difference.

I thank the Government in advance for that engagement.

The Scottish Government is aware of Nova Innovation, a world-leading Scottish marine energy company that manufactures in Leith, in my constituency. It has secured £100 million of investment for a tidal array in Orkney, is planning floating solar arrays across the UK and is considering a manufacturing base in Grangemouth. Considering all of that, will the minister agree to meet me and that remarkable home-grown company to discuss its projects and next steps?

I have had the opportunity to be a guest of the Black Watch at some mess dinners at Fort George. While it is an impressive historic estate, it is clear that the facilities and accommodation are far from suitable for the modern soldier. With that in mind, will the cabinet secretary consider how we can maintain the Army’s footprint in Scotland while upgrading facilities and moving away from antiquated estates such as Fort George?

The minister has previously advised that work is being undertaken to consider effective alternatives to secure care so that children and young people receive the care that they need in the setting that most appropriately suits their needs. With consideration of all that has been said so far, can the minister say any more about such alternatives?

I appreciate what the cabinet secretary says, but many of the third sector organisations that face potential reductions after June, such as the Cyrenians, the Ripple Project and the Pilmeny Development Project, do valuable prevention work that serves or is based in my constituency. Therefore, I would be grateful if the Scottish Government would consider undertaking additional engagement with other parties involved about the longer-term impact of those potential reductions, were they to happen after June. Those organisations do remarkable preventative work.

I thank Mercedes Villalba for making a powerful point about the need for a public interest test. Does she agree that the inclusion of a public interest test would help the bill to make improvements in urban Scotland as well as in rural Scotland?

On a point of order, Presiding Officer. Unfortunately, I was unable to connect. I would have voted yes.

I welcome the minister’s statement. As he knows, many of the buildings in Scotland that are affected are in my constituency. I appreciate both the challenge and the complexity of the work and I welcome the progress. However, there is a strong need to pick up the pace. Although I welcome the single open call, can the minister tell Parliament how he will keep members updated on progress? How will he engage and communicate with those who live in affected buildings, property factors and residents associations, and how will he keep developers to their commitments?

I, too, pay tribute to my colleague Mairi Gougeon. I am sorry to hear that she will not be seeking to come back to Parliament. Since she became a minister in 2018, the only time when she has not worked in her current portfolio was when I substituted for her for six months as Minister for Rural Affairs and the Natural Environment, working with Fergus Ewing and Roseanna Cunningham. Mairi Gougeon is a superb example of someone who works diligently and effectively, and who gets things done during turbulent times.

When I filled the role of Minister for Rural Affairs and the Natural Environment for six months, I was reminded, as the MSP who represents the most densely urban part of Scotland, of how important the natural environment and rural affairs are to all of us, including those of us who live in cities.

The Leith Walk ward is the most densely populated part of our country. The wider area of Leith has been, and continues to be, important in the story of Scotland’s food and drink success. As a major port in centuries past and in current times, Leith has been a place where manufacturers have made and exported their products. It is also a place where people have come to visit, live and enjoy some of the best of what Scotland has to offer, as they continue to do today. For example, there are three Michelin-starred restaurants, many cafes and other restaurants as well as many—too many to list—pubs and bars.

As colleagues and visitors know, and as the people of Scotland know, Leith is a great destination. Historically, it was where Rose’s lime cordial was invented, which is one of the most significant and well-known soft drinks and a product that is used in baking and, of course, in bartending. As a former bartender, I know that well. Crabbie’s whisky was made in Leith in years past and continues to be made in Bonnington. Today, we also have the award-winning Woven whisky and the new Port of Leith distillery, which has iconic status as part of the skyline on the Forth and is the world’s first and highest vertical distillery.

As well as being home to whisky distilleries, my constituency has five breweries—Cold Town Beer, Pilot Beer, Newbarns Brewery, Campervan Brewery and the Moonwake Beer Co.

Members know—including the member who spoke previously in the debate—that there are also many famous shortbread brands in the area, including Shortbread House of Edinburgh, which has grown in recent years and whose products are enjoyed here, across the world and on airlines.

PekoeTea Edinburgh, in my constituency, is a growing exporter of a variety of teas that are made in Leith. Leith also has many bakeries, including the famous institution that is Storries Bakery, on Leith Walk; the emerging Babyfaced Baker; Mimi’s Bakehouse, which has expanded to elsewhere in the city; Mario Patisserie; the Sicilian Pastry Shop; Hobbs House Bakery on Leith Walk; and Krema Bakehouse. All of them are good for celebrating special occasions.

The reason why I list them is that, whether they are in Leith in my constituency or elsewhere in the country, such businesses have been affected through the turbulent times of Covid and as a result of the war in Ukraine, the current Trump Administration’s actions, the folly of Brexit and the current national insurance increases, of which we are about to see the worrying effects.

That increase will be one of the biggest mistakes that the Labour Government makes—and it has made several already. I remember Labour members of Parliament talking very passionately before the election last July about how they supported Scotch whisky. One of the first things that the Government did in its first budget was increase the duty on the whisky industry. On such scenarios I say, “You couldn’t make it up.”

On devolved issues, the cabinet secretary should be aware that I have written to finance ministers with concerns about the effect of land and buildings transaction tax on pubs in my constituency, which is worth looking at. Other members have talked about the challenge of reducing problematic alcohol consumption in our country by supporting our food and drinks industry. It is a sensitive issue. I encourage everyone, when alcohol advertising is considered again, to take a collaborative approach, because the producers in my constituency, along with others, want to be positive contributors to our society and economy. It is also important that smaller businesses can break into markets so that people discover their products. A lot of that is about advertising in the shop and in other ways. Collaborative solutions can be found.

It has not been mentioned yet, but one of the important underlying factors in why our food and drinks industry is so successful—those who create and produce them are most important—is that Scottish water is a mutual product. Water is cheaper here and of such high quality, which we should not underestimate.