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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 18 October 2025
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Displaying 1245 contributions

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Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

Thank you.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

One operational challenge that the committee has heard about is that the current temporary provisions on time limits in solemn cases are scheduled to end in November this year, but the solemn court system is not on track to be able to cope with pre-Covid time limits by that time. You will have seen that the Scottish Courts and Tribunals Service suggested some solutions. What is your view of those solutions, and, in any event, what is the Government doing in response to those concerns?

11:00  

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

I am grateful for that answer. To stick with the issue of definitions, you may have seen that, in a previous evidence session, it was suggested to the committee that the definitions in section 9 of “child” and “young person” are used a little loosely, interchangeably and insufficiently clearly. What is your view on that, having reflected on those evidence sessions? Is that something that you propose to tighten at stage 2 or that you would welcome the committee tightening?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

Practical solutions require resources, of course. On a related note, we have heard the provisions being described as “enabling”, such that they allow for certain developments but do not require them. The financial memorandum does not seem to provide figures for the costs of expanding any virtual attendance. Is there a risk that what is enabled is not progressed because there are not any associated resources?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

Good morning, cabinet secretary. The committee heard—or it has been suggested to us—that, by not sticking to the definitions in the 2018 act, there was a risk of undermining the current understanding of domestic abuse. Is that a risk, or is that not going to be a problem?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

I am very grateful.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

Cabinet secretary, I wish to ask about virtual appearances from police custody. The committee has heard various concerns about the practical arrangements for such virtual appearances—regarding the ability of defence solicitors to consult clients, for example. You have obviously been through the evidence that we have heard. Do you recognise those concerns? Do you think that the solution is a legislative one or a practical one?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

I understand—that is interesting.

I will move on to my final question for now. The committee has previously expressed concern, on a general level, about the time that elapses between bills passing and the provisions coming into force. In your view, does this bill allow for reviews to take place of deaths that occur before the relevant provisions are brought into force?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Liam Kerr

I will press you on that. The Parliament sometimes passes bills, saying that that is what we want the law to be, but then there is a significant delay between that point and the commencement of the provisions. The committee might be worried that, if the Parliament passes the bill and says that it wants the reviews to be carried out, and if the provisions do not commence for a significant time, there could be a large window in which incidents are happening but not being reviewed. Is that a concern?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 5 February 2025

Liam Kerr

I understand—thank you.

Dr Fletcher, I have a similar question. Does the financial memorandum take sufficient account of the costs to the NHS of supporting the reviews and implementing any recommendations?