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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. Session 6: 13 May 2021 to 8 April 2026
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Displaying 4789 contributions

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Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

Good morning, and welcome to the 14th meeting in 2023 of the Criminal Justice Committee. We have received no apologies.

Our business today is consideration of the Bail and Release from Custody (Scotland) Bill at stage 2. I ask members to refer to their copies of the bill, the marshalled list of amendments and the groupings document.

I welcome to the meeting Angela Constance, the Cabinet Secretary for Justice and Home Affairs, and her officials. I remind members that the officials are here to assist the cabinet secretary during the stage 2 debate and that they are not permitted to participate in the debate. For that reason, members should not direct any questions to them.

Before we start our consideration of amendments, I draw members’ attention to an additional pre-emption that is not noted in the groupings document. In group 10, on the release on licence of long-term prisoners, amendment 74 pre-empts amendment 10. That means that, if amendment 74 is agreed to, I cannot call amendment 10. If we do not reach that group today, that information will be included in the groupings document ahead of next week’s meeting.

Section 1—Decisions on bail: relevant information from officer of local authority

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

I call Katy Clark to wind up and to press or withdraw amendment 37.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

Does anyone else want to move it?

12:45  

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

The member has indicated that she wishes to withdraw amendment 67. Does any member object to its being withdrawn?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

Group 2 is on entitlement to bail. Amendment 55, in the name of Katy Clark, is grouped with amendments 56, 57, 31, 58, 59, 30, 60 to 62, 32, 63, 64, 2, 33 and 34.

I draw members’ attention to the procedural information relating to this group as set out in the groupings. If amendment 55 is agreed to, I will be unable to call amendments 56, 57, 31, 58, 59, 30, 60 to 62, 32, 63 and 64, because of pre-emption. Similarly, if amendment 2 is agreed to, I will be unable to call amendments 33 and 34, again due to pre-emption.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

Thank you, cabinet secretary. I ask Katy Clark to wind up and press or withdraw amendment 28.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

The result of the division is: For 4, Against 4, Abstentions 0. As there are equal votes for and against the amendment, I use my casting vote as convener to vote against it.

Amendment 52 disagreed to.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

Does Pauline McNeill want to move amendment 53?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

I think that we have jumped ahead slightly, which is fine. However, we will now come back to focus on group 2. I call Jamie Greene to speak to amendment 56 and other amendments in the group.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 10 May 2023

Audrey Nicoll

There will be a division.

For

Clark, Katy (West Scotland) (Lab)
Findlay, Russell (West Scotland) (Con)
Greene, Jamie (West Scotland) (Con)
McNeill, Pauline (Glasgow) (Lab)

Against

MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Stevenson, Collette (East Kilbride) (SNP)