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: 18 March 2026
Audrey Nicoll
Thank you very much. As no other members wish to come in, I just want to acknowledge all the points that have been made. We have covered quite a range of different aspects of the LCM, and I am grateful for that. Like Jamie Hepburn, I am grateful for the clarification that we have had, particularly with regard to the role of the Lord Advocate as it flows from the bill.
Given the different viewpoints that have been shared, I suggest that we have, perhaps, two options. We can continue with the process of agreeing the LCM, or we can hold off making a recommendation, but highlight some of the points that have been raised in today’s discussion in the report to Parliament that we will compile following this session and seek further information or clarity or raise any other points that members wish to raise.
I propose that we proceed to considering approval, but that we set out our position in our report to Parliament. Do members agree to that course of action?
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
The result of the division is: For 4, Against 2, Abstentions 0.
We are agreed that consent should be given.
Are members content to delegate responsibility to me and the clerks to approve a factual report outlining the points that have been raised today to the Parliament on the LCMs?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
Thank you. I suspend the meeting for a few minutes to allow for a changeover of witnesses.
10:31
Meeting suspended.
10:33
On resuming—
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
That would probably be helpful for our understanding of the bill’s provisions, although we are limited in our time. I was just wondering whether the opportunity for inquisitorial proceedings flowed from the outcome of an investigation, if you like. If you could clarify that by way of follow-up, that would be helpful.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
I bring in the cabinet secretary to respond to the points that have been made.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
Our next item of business is an oral evidence session on a supplementary legislative consent memorandum for the UK Government’s Crime and Policing Bill. In addition to the Cabinet Secretary for Justice and Home Affairs, I welcome Scottish Government officials Yvonne Edmond, from the international justice co-operation team; Patrick Down, from the criminal law, procedure and sentencing team; and Jim Hislop, from the organised crime unit.
I refer members to paper 2. I intend to allow up to 15 minutes for these items. I invite the cabinet secretary to make some opening remarks on the LCM.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
As no members want to make any points about the LCM, is the committee content to recommend to the Parliament that consent should be given for the relevant provisions covered by LCM-S6-57d?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
Are members content to delegate responsibility to me and the clerks to approve a short factual report to the Parliament on the LCM?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
Thank you, Stephen. I will move on and ask the question.
Do members of the committee agree to recommend to the Parliament that consent should be given for the relevant provisions covered by LCM S6-68 and LCM S6-68a?
Members: No.
Criminal Justice Committee [Draft]
Meeting date: 18 March 2026
Audrey Nicoll
There will be a division.