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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 4 May 2021
  6. Current session: 13 May 2021 to 30 November 2025
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Displaying 3844 contributions

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Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Audrey Nicoll

We move to questions from Rona Mackay.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Audrey Nicoll

Before we move on to consider the motion, I am conscious of the fact that we find ourselves in a rather unusual position, in that we have had very short notice of the DPLR Committee’s report in which it outlines its views on the technical aspects of the SSI.

I am content, on the basis of the information that was provided in the papers, and from the questions and answers today, that the policy content of the SSI is sound. However, before we proceed to considering the motion, it is appropriate that I ask whether members wish to continue to do that now. Are members content with what we have discussed and heard in the responses from the cabinet secretary? If not, we would have to defer consideration of the motion to a later date.

In any case, it would clearly be appropriate that we include our views on the DPLR Committee’s consideration of the SSI in the report that we prepare following our consideration of the motion.

As I said, I am content to proceed to consider the motion, but I ask members to indicate whether they, too, are content. I ask members who are content to proceed to raise their hand. I see five members who are in favour of proceeding to consider the motion; the other three are opposed to doing so.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Audrey Nicoll

Are members content to delegate responsibility to me and the clerks to approve a short factual report to the Parliament on this affirmative instrument?

Members indicated agreement.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Audrey Nicoll

The report will be published shortly.

13:01 Meeting continued in private until 13:05.  

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Audrey Nicoll

Thank you for that.

I have a final question on the point that you made regarding the crime being complete at the point of payment, or evidence of payment or intended payment. That brings to mind the fact that payment can include a transfer between bank accounts or online payment, which are notoriously difficult transactions for police officers to investigate. My question is a practical one: how do you envisage that being enforceable?

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Audrey Nicoll

That sets the tone for my next question, which relates to the impact of legislation. The committee has scrutinised a range of legislation, including two quite significant bills: the Victims, Witnesses, and Justice Reform (Scotland) Bill and the Bail and Release from Custody (Scotland) Bill, which are both now acts. Do you have an update on the impact of those new pieces of legislation, from a budget perspective? Is the Government in a position to implement all the provisions in those acts, or will regard need to be given to costs, and will the roll-out be cost dependent?

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Audrey Nicoll

That would be most helpful.

As there are no more questions from members, we will draw the evidence session to a close. Thank you very much for attending, cabinet secretary and officials. We will suspend for a few minutes to allow for a changeover of Government officials.

11:56 Meeting suspended.  

12:04 On resuming—  

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Audrey Nicoll

I will have to cut you off, I am afraid, because a number of members want to come in. We have had only two members ask questions so far, and we have a lot to get through, so I have to ask for much shorter responses, Ms Regan.

Are you done, Mr Kerr?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Audrey Nicoll

I urge witnesses to give succinct responses, just to allow everybody to come in. I bring in Jamie Hepburn.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Audrey Nicoll

We turn to the second affirmative instrument. From the Scottish Government, I welcome to the meeting David Doris, who works on prison policy in the community justice division, and Hannah Hutchison, from the legal directorate. I refer members to paper 6.

Before the cabinet secretary gives her opening remarks, I refer members to the comments that were made by the Delegated Powers and Law Reform Committee at its meeting on Tuesday this week, when it considered the instrument. The DPLR Committee wanted to alert our committee to the fact that it has reported the instrument on the grounds of an “unusual or unexpected use” of the powers conferred by the parent statute. The DPLR Committee is concerned that the instrument makes provision for ministers to make further changes by regulations, and noted that it is unusual for subordinate legislation to grant ministers powers to make further subordinate legislation. I ask the cabinet secretary to cover those points in her opening remarks.

If any member would like to see it, we have a copy of the DPLR Committee’s report, which has just been published. I invite the cabinet secretary to make some opening remarks on the instrument.