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.
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Criminal Justice Committee [Draft]
Meeting date: 11 March 2026
Audrey Nicoll
Deborah, would you like to make some opening remarks? We will then open to questions.
Criminal Justice Committee [Draft]
Meeting date: 11 March 2026
Audrey Nicoll
Thank you. That is a helpful practical overview of the process of monitoring. Is it fair to assume that the size of the prison population, as it is at the moment, is impeding the implementation of some recommendations that are made?
Criminal Justice Committee [Draft]
Meeting date: 11 March 2026
Audrey Nicoll
We were due to move on to our final agenda item, which is on our legacy report. However, given the time, do members agree to defer that item to next week, when we are due to bring it back in any case?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 11 March 2026
Audrey Nicoll
Are members content that the SSI comes into force?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 11 March 2026
Audrey Nicoll
Are members content to keep the petitions open?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 11 March 2026
Audrey Nicoll
Good morning, and welcome to the 10th meeting in 2026 of the Criminal Justice Committee. We have received no apologies this morning. Our first item of business is a decision on whether to take in private item 5, as well as any further consideration of our draft legacy report at future meetings. Do we agree to take those items in private?
Members indicated agreement.
Meeting of the Parliament [Draft]
Meeting date: 10 March 2026
Audrey Nicoll
I flag the recent commentary by the Royal College of General Practitioners that assessing coercion is beyond the capacity of its members, and that it does not believe that that work can or should be incorporated into an already very busy and stressful professional role. Does Liam McArthur recognise that, whether or not we require training on the issue of coercion and its identification, that is not seen as feasible by some in the medical profession?
Meeting of the Parliament [Draft]
Meeting date: 10 March 2026
Audrey Nicoll
Will the member give way?
Meeting of the Parliament [Draft]
Meeting date: 10 March 2026
Audrey Nicoll
I am sure that the cabinet secretary is aware of a joint statement that was signed by seven medical groups in Scotland, including some of the royal colleges, which says:
“A Section 104 Order, by its nature, receives limited parliamentary scrutiny”.
We have been discussing that point this afternoon. It also says:
“Matters central to professional regulation, employment protections, and the rights of staff should not be left to a later process in which detailed debate ... and accountability are significantly constrained.”
Does the cabinet secretary recognise that the proposed solution of a section 104 order is causing real anxiety to medical organisations?
Meeting of the Parliament [Draft]
Meeting date: 10 March 2026
Audrey Nicoll
I completely agree with the member’s observations regarding existing legislation, which includes the Adult Support and Protection (Scotland) Act 2007 and the Adults with Incapacity (Scotland) Act 2000. Has he had a chance to think about how those pieces of legislation interact and how the professionals who work under their provisions would work together? How would they be able to collaborate and work on a cross-sectoral basis with regard to what we are discussing?
19:30