Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

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 1 March 2026
Select which types of business to include


Select level of detail in results

Displaying 1399 contributions

|

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

I understand. To reflect that back—these are my words, so if I am not reflecting it correctly, do challenge me—you would argue that the focus on wellbeing under section 32 is a red herring. It is the wrong end of the telescope. Police Scotland would say that the wellbeing objective can be achieved through day-to-day operation and that it is about the outcome, rather than saying that wellbeing has been part of day-to-day operation. The chief constable wants to make it an outcome, rather than a day-to-day thing.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

Before we move to questions from Sharon Dowey, I note that we are starting to run out of time. I ask colleagues to be tight on their questions and witnesses to be similarly concise.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

Fulton, can I ask you to start again? Your connection is really bad. You can start the question again, but we will have to move on if you remain unclear.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

Do you have another question, Fulton, or are you done?

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

I am grateful for that—I appreciate your consideration.

That concludes our evidence taking for this morning.

For committee members and for your own purposes, ACC Paton, I note that the committee will seek a written update after this meeting—as we discussed with Mr Threadgold earlier—on progress on tracking whether work-related stress and mental health issues contribute to cases of police suicide. That subject was explored in the session that you attended last year, but the data was not being tracked at that time. We will also want to know what improvements have been made to the duty-of-care system for officers and staff. We will be in touch about that following this session.

That concludes our marathon evidence taking this morning. I thank all the witnesses who have attended, as well as everyone else who has attended and asked questions. We will now move into private session.

12:47

Meeting continued in private until 12:59.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

Our next item of business is an oral evidence session on an affirmative instrument. We are joined by the Minister for Victims and Community Safety. I also welcome, from the Scottish Government, Robert Wyllie, policy lead for safer communities, and Nicola Guild, from the legal directorate. I refer colleagues to paper 1, and I intend to allow up to 15 minutes for the evidence session.

Minister, I invite you to make some opening remarks to set the scene for this Scottish statutory instrument.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

I am grateful. I have a couple of questions, after which I will open up the questioning to colleagues.

As you have just detailed, minister, the instrument would add section 38(1) offences to the fixed-penalty notice scheme. That would create an overlap with the common-law offence of breach of the peace, which is already part of the FPN regime. Given that overlap, what evidence can you adduce that adding section 38 offences is the right thing to do? How will that overlap be dealt with in practice?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

Section 38 does something that breach of the peace currently does, but breach of the peace is currently part of the fixed-penalty notice regime. By adding in the section 38(1) offence to the regime, you would have two legislative processes, in effect—although dealing with breach of the peace at common law would not involve applying legislation—that amount to the same thing. You would have two tracks running, would you not, for the same end?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

I have a further question, but I will bring in Sharon Dowey now to ensure that all colleagues get appropriate time.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

As no other members have any questions, I want to clarify something, minister. In response to my second question at the start of the meeting, you told me—I am paraphrasing what I think that I heard—that raising the fine from £40 to £70 is not about providing a deterrent. However, the Scottish Government’s policy note on the SSI states in bullet point 3 that

“without revalorisation it no longer provides the proportionate deterrent originally envisaged by Parliament.”

That suggests that the raise is about providing a deterrent. Will you clarify that?