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Chamber and committees

Procedures Committee, 12 Sep 2000

Meeting date: Tuesday, September 12, 2000


Contents


Video Evidence

The Convener:

Item 12 is a report on a submission from Shelter about the use of video evidence. We expected that someone from Shelter would be here to speak to that submission, but that seems not to be the case—I am having a frantic look round the audience.

Has Shelter sent a video?

The Convener:

No, although given the legal opinion in paragraph 6 of our paper, it might have been entitled to do so. We are invited to come to a decision about whether, or in what circumstances, non-interactive videos might be accepted as evidence. The legal opinion in paragraph 6 is that a video is, in effect, a document for our purposes, and that it is admissible.

Janis Hughes:

I note the legal position, and I feel that video evidence would be acceptable, but there are a couple of points that we must consider. We have discussed video-conferencing at length, and that might be an option to suggest to people who consider submitting video evidence. I would be concerned about loss of interaction, because there would be no capacity for the committee to question the people who were giving evidence. In addition, if people would rather submit a video than attend a committee in person because of confidentiality issues, there is always the option of taking the evidence in private session.

With regard to videos, I have a slight concern about authenticity. If someone is presenting video evidence, we have only their word that they are who they say they are. If someone were invited to come along, they would be sent a letter, which would authenticate who they were. I urge caution. We should consider ways round those problems, but they are a worry.

Mr Paterson:

I agree with much of what Janis said. Video evidence should be used sparingly. With some individuals, there is no chance that they would walk through the door to give evidence to the committee; we have all had experience of such individuals. Video evidence would give those individuals an opportunity to take part, just as does writing a letter, and I would accept video evidence in that context. However, if someone writes a letter but is capable of coming here—not necessarily here, but to a forum such as this—I get a bit worried.

I am cautious about saying that video evidence is wrong or should be discouraged. In fact, in some cases, it should be encouraged—we should try to achieve a balance.

Donald Gorrie:

Janis Hughes raised some important points. The paper suggests that a written transcript should be produced, which is fair enough—where that would be possible. Perhaps we could go without a transcript if producing one would cause problems for the people who submit videos. We could deal with authentication if Shelter, or whichever organisation was involved, were to produce a written transcript and say, "We guarantee that the people who have spoken to you are three old-age pensioners from the outer isles who could not get to Edinburgh. Their names are X, Y and Z."

The more information we get, the better. Coming here is not a serious option for people who are frail or far away, or for children, but such people should not be prevented from speaking to us. It would be better if we could have the interaction of video-conferencing. In remote areas, that may be a problem, and a video would be better than nothing. We would be able to see people as they were speaking, and although we could not ask them questions, we would get an impression of their integrity. The use of videos should be encouraged.

Iain Smith:

There is no difference between a video and a written document. Written evidence is acceptable and there is no reason why video, audio or even computer disk evidence should not be acceptable, but for the difficulty that people will have in accessing that information. If someone wanted to see Shelter's evidence, they could read it in the Official Report or in the committee's report, because evidence is published. However, if evidence is given by video, it will not be published and therefore people will not necessarily be able to see, or check, the evidence that was given.

Another problem with that particular medium is that the people who produce the video could manipulate it. One would have to be careful to watch out for little jerks of the head to ensure that the words are there and that a "not", or whatever, has not been sliced out of a sentence.

Video images can be very strong. If the proposal to allow video evidence is accepted, I will feel a bit sorry for members of the Rural Affairs Committee regarding the videos that that committee will receive during its consideration of the Protection of Wild Mammals (Scotland) Bill. Both sides will submit equally strong videos that make a particular case, and neither side's videos will be balanced or shed much light on the topic.

The use of video evidence should be considered carefully, but I see no reason in principle why it should not be treated in the way suggested in paragraph 6 of the paper. It should be treated as a document. In other words, it should be treated as written evidence.

The Convener:

We have a fair amount of agreement. Videos are allowable, and it is desirable that people should be steered towards interactive video rather than pre-recorded, non-interactive video. Wherever possible, it would be appropriate for a video to be accompanied by a transcript. Where a video is sponsored or procured by an agency such as Shelter, which wants to present video evidence, that agency should authenticate the people who appear in the video. When individuals submit videos, all we want is a name and address, as that is what we would accept from someone who has written a letter. We want to be able to satisfy ourselves that the person is genuine and has genuine problems and points of view.