The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2636 contributions
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
We had a few meetings in the initial stages with Ms Regan, in which I raised quashing and the detail about support that I raised with you. Ms Regan thought it was up to the Scottish Government to provide that detail, but it is not; it is a member’s bill, so it is up to the member to provide the detail and for everyone to scrutinise it. As I said, if I proposed a Scottish Government bill, I would expect scrutiny, and people would be asking me questions on detail. We have gone forward with the evidence sessions, but I have not had any requests for a meeting recently.
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
We are not looking at that at the moment, no.
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
Pardoning is complex, and that is why we need to have more engagement. If we did decriminalise—
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
I appreciate the different numbers of sections in the different bills. When I said that I had concerns about it, I was alluding to the fact that, when we have evidence sessions, it is up to the Government or to members in charge to come back and say how they will address that evidence. A lot of issues have been raised during the evidence sessions.
I do not agree that the Scottish Government will just put legislation through. We take our time and listen to members. I hope that the member in charge will do that as well with her member’s bill.
I have genuine concerns about the parliamentary timetable. We are all aware of the number of members’ bills and Scottish Government bills that we are currently trying to put through in the next 16 weeks—you said that it was 18 weeks, but I counted 16.
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
Is it acceptable? We are doing everything that we can.
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
Yes.
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
That is fine.
Even in the unlikely scenario where a section 46 offence was deemed relevant by the police for the purposes of a level 2 PVG—protecting vulnerable groups—scheme disclosure, the individual would have the right to request a review of that or other relevant information before it is disclosed to an employer. Inclusion of such information is subject to a statutory test.
I need to reiterate that the new Police Scotland approach prioritises women’s safety and routing them to support, as opposed to criminalising them, and convictions for such an offence are therefore less likely to be accrued, given the general policing approach to such behaviour. I can provide further information on that. The same approach applies if an individual is asked by someone, for example, an employer, to self-declare their convictions. A section 46 conviction does not need to be self-declared once it is spent, regardless of the time of disclosure or the role. A system of disregards could be considered, which would introduce a process whereby convictions could be removed entirely from ever having to be disclosed in the criminal records check. However, that would have to be developed for the bill. It could be considered, but it is not something that we have been doing any work on. That would have to be for the member in charge.
A level 2 PVG disclosure, which is commonly referred to as a “PVG scheme”, is a legal requirement for people in a regulated role with children or protected adults, such as a teacher, a nursery or day-care worker, a volunteer, a childminder, a social worker, a doctor, a dentist, a sports coach or an adult care-home worker. A PVG scheme shows any unspent convictions, certain spent convictions, any notification requirements, unspent cautions and other relevant information that is held by the police. Those who are on a barred list for work with children or adults or who are under consideration for inclusion on the barred list for work with children or protected adults, or who have been served any prescribed civil court order, are members of the protecting vulnerable groups scheme, and members of the PVG scheme are subject to continuous monitoring in that situation.
I can move on to level 2 from the barred list check. Do you want me to keep going, convener?
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
One of the things that the member has acknowledged is the increase in online prostitution. If it is 80 per cent now—
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
I would have to see the detail. At this stage, I am staying neutral and will not commit the Government to supporting the bill. Once I have the detail, I will consider it.
Criminal Justice Committee
Meeting date: 19 November 2025
Siobhian Brown
We engage regularly with Police Scotland, especially on operation begonia, and also with the Crown Office. I will bring Jeff Gibbons in, as he is the one who has those discussions.