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Chamber and committees

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 5 May 2021
  6. Current session: 12 May 2021 to 27 July 2025
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Displaying 2148 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Siobhian Brown

I would just like to thank the committee for its time, and I look forward to receiving your report.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Siobhian Brown

We are working on the detail of that now; we are in discussion about that.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Siobhian Brown

The bill seeks to take a risk-based and proportionate approach. The categorisation of the regulator has implications in respect of the operation of its regulatory functions. For example, a category 1 regulator must delegate its regulatory functions to an independent regulatory committee and establish a client protection fund, whereas category 2 regulators would not have such duties.

It is considered important that the bill contains a mechanism to alter the category of an existing or new regulator, should there be a significant change in how a regulator meets the relevant criteria under section 8(6). In order to strengthen the safeguards there, we intend to introduce amendments whereby the Lord President’s consent would be required before any changes are made to the regulatory category of a regulator.

We are also considering amendments that would limit the scope of how such changes may be sought by limiting that to being done at the request of certain bodies such as the regulators or the consumer panel.

In addition, there may be scope for a new regulator to enter the market, which may require consideration of its categorisation or a change to that categorisation in respect of changing circumstances. For example, the Association of Construction Attorneys has only six people in it, so we do not feel that it would be appropriate for it to be in category 1, given all the duties that are put on category 1 compared with category 2.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

Just for clarity, I am a minister, not a cabinet secretary.

We have increased the police funding year on year since 2016-17, investing more than £11.6 billion since the creation of Police Scotland in 2013. Sentencing guidelines are, of course, set by the Scottish Sentencing Council, and it is totally inappropriate for politicians to interfere with the independent judicial sector. It is up to the courts and prosecutors to decide on what action is taken against individuals who commit such crimes.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

There is simply no excuse for the sort of behaviour that was witnessed recently in Dumfries town centre and elsewhere. It puts everybody at risk. I am grateful to Police Scotland, the Scottish Fire and Rescue Service and partners for their swift attendance and actions at the scene to minimise the damage from the reckless use of fireworks and the irresponsible throwing of projectiles into a public area.

We are committed to ensuring that the police and local authorities have the powers and the resources to address antisocial behaviour. That includes formal warnings, fixed-penalty notices and antisocial behaviour orders. The Scottish Government has increased police funding year on year since 2016-17, with £1.45 billion being invested this year alone. There are 379 more police officers than there were in 2007, and Scotland continues to have more police officers per capita than England and Wales.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

There have been two arrests so far. The police are looking at intelligence and there will be more arrests in the coming days. Mr Kerr says that we should change the record, but, as I have already said, it is up to the courts and prosecutors to decide on what action is taken; it is not up to politicians. It would be totally inappropriate for the SNP Government to try to influence that. I do not know whether the Conservatives would try to do so if they were ever to be in Government, but it would be totally inappropriate if they did.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

I do not know the intelligence so far on the incidents, and we are waiting for the police outcomes. I know that it has been reported that some of the youths were being encouraged by adults.

With significant Scottish Government engagement, a broad range of planning and preparation is done every year by the emergency services and others to ensure that the existing laws are adhered to. However, on effective preparatory work, there will always be a challenge and a threat for enforcement agencies once fireworks and other potential weapons fall into the hands of those with criminal minds.

Introducing stricter measures at the point of purchase, including via the new proxy purchase offence, will help to ensure that fireworks do not end up with those who may misuse them. Not all offences involving fireworks are prosecuted under fireworks misuse laws, and the most serious offenders may be prosecuted for common-law offences such as assault and culpable and reckless misconduct. The link with fireworks may not be identified clearly in the data collected relating to those offences.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

The Scottish Government acknowledges that its prevention services are crucial to preventing crime in Scotland’s communities. Through the violence prevention framework, which was published in May this year, we are implementing our public health approach to preventing violence from happening in the first instance. That is backed with more than £2 million of investment from this year’s budget. We are the only Government in the United Kingdom that is reinvesting money recovered from the Proceeds of Crime Act 2002 directly back into communities across Scotland. Our cashback for communities initiative delivers diversionary activities for young people, who are most at risk of being involved in antisocial behaviour, offending and reoffending, to support the communities that are most affected by crime.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

First, I want to express my gratitude to all our emergency services for their work over the weekend. All attacks against them are totally despicable.

The Scottish Government fully supports the courts using the extensive laws and powers to protect emergency workers, including the new statutory aggravation for attacks on emergency services through the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.

As part of the annual review of the police-led multi-agency operation moonbeam, there will be an analysis of the incidents that took place over the weekend and a response taken.

The Scottish Community Safety Network’s report on antisocial behaviour has been published today, and I have accepted the report’s recommendation that we consider how best to develop our long-term approach to preventing and tackling antisocial behaviour. I will therefore be convening an independently chaired working group on antisocial behaviour.

Meeting of the Parliament

Topical Question Time

Meeting date: 7 November 2023

Siobhian Brown

Daniel Johnson raises an emotive issue. I understand his point about there being cause to ban fireworks sales to individuals, but unfortunately that is not currently within the competence of the Scottish Parliament. I will be more than happy to meet councils to discuss the way forward.