Chamber and committees

Following the signing of the trade and co-operation agreement between the United Kingdom and the European Union in 2020, the committee asked our colleagues in the Scottish Parliament information centre and the Scottish Parliament academic fellowship programme to undertake a piece of research, the aim of which was to assess the impact of Brexit on Scotland’s criminal justice system and our co-ordination and co-operation with EU member states.

Two members of the academic fellowship undertook that research and published their findings in September 2024. I am very pleased that they are here today to give us an overview of the evidence from that work and to highlight the areas that they believe the Scottish Parliament and Scottish Government should work on with the UK Government to improve the way that the Scottish criminal justice system and policing interact with the EU under the trade and co-operation agreement. I refer members to paper 2, which sets out the findings and recommendations of the research and contains links to the main research report and the slide presentation that we will receive this morning.

I warmly welcome Gemma Davies, associate professor in criminal law at Durham University, and Helena Farrand Carrapico, professor of international relations and European politics at Northumbria University. Without any further ado, I invite Gemma and Helena to give a presentation on their research work, after which I will open up the meeting to questions from committee members.

Good morning, and welcome to the 14th meeting in 2025 of the Criminal Justice Committee. We have received apologies from Pauline McNeill and Fulton MacGregor, and Sharon Dowey joins us online.

Our first item of business is an opportunity to put questions to the Scottish Government on a negative instrument that is scheduled to come into force on 30 November this year. I refer members to paper 1, which sets out the purpose of the instrument.

We are joined this morning by Angela Constance, Cabinet Secretary for Justice and Home Affairs, and Patrick Down, criminal law and procedure team leader at the Scottish Government. Welcome to you both, and thank you for joining us. I invite the cabinet secretary to say a few words about the purpose of the Scottish statutory instrument.

To ask the Scottish Government what engagement it has had with stakeholders regarding the tall ships races Aberdeen 2025. (S6O-04583)

The tall ships races event is set to be a major event for Aberdeen and the north-east, with projections of around 400,000 visitors and an estimated £30 million boost to the local economy. The event will support businesses across the hospitality, retail and tourism sectors and it will support wider community engagement, such as sail training for young people. Hosting the tall ships will also enhance Aberdeen’s international reputation as a vibrant, welcoming city and help to secure a lasting legacy for major events.

Will the minister further outline how the Scottish Government is promoting Scotland’s reputation as a leading events destination, maximising the opportunities that are presented by events such as the tall ships races that will ensure a lasting positive impact on the region and across Scotland?

Our next item of business is the consideration of a Scottish statutory instrument that is subject to the negative procedure. I refer members to paper 1, which sets out the purpose of the regulations. I declare an interest, which is that I am a former police officer.

Do members wish to make any recommendations in relation to the negative instrument, or are we content that it comes into force?

Absolutely—thank you for that helpful suggestion.

We have covered some action points, but are there any further action points that members wish to suggest, or are we content with where we are? As there are no further comments, we move into private session.

Thank you for that suggestion. The cabinet secretary provided the cross-committee group with an initial response, which formed part of our scrutiny at the cross-committee group. However, it is a helpful suggestion that we consolidate the Government’s position on the recommendations, so I am happy to take that away as an action point. We can come back with a written update on the recommendations, aligned with the work that has already been completed or is already under way—and which the Scottish Government has already provided an update on—along with the outstanding work that you have referenced. I am happy to pull that together for the committee.

Super. On that basis, is the committee agreed to make no recommendations on the instrument?

Members indicated agreement.

Our next item of business is the consideration of a paper on the recommendations of the recent people’s panel on drug harm and deaths. I refer members to paper 2.

As members will be aware, a people’s panel is a form of public engagement that brings together a randomly selected and broadly representative sample of the population to consider and discuss an issue and make recommendations. The Scottish Parliament held a people’s panel on tackling drug deaths and harm over two weekends in October and November 2024. Two additional online sessions were held in November 2024. A summary of the panel process and its outcomes is set out in paper 2.

I invite members to comment on the report that the people’s panel has produced. On behalf of members of the committee, I extend my thanks to all the participants who took part in the people’s panel, as well as the parliamentary staff who organised it. I know that it involved a great deal of planning and logistics work. Having attended a couple of the panel’s sessions, I know that those were great opportunities for the public to come together on an issue that we are well aware of.

Is the committee content to note that the recommendation for an inquiry into drug use in prisons is now being taken forward by us—the Criminal Justice Committee—and that we invite the Parliament’s participation and communities team to let the panel participants know that the recommendation is now being implemented?

Members indicated agreement.

Thanks very much for that update. The access to pensions by Police Scotland officers is an issue that the committee has looked at in the past. On the basis of your update, I am more than happy for the committee to write to Ivan McKee, as Minister for Public Finance, on the issues that you have raised.

Before we move on, I want to confirm that members are happy that the SSI comes into force. In particular, I want to confirm that with Liam Kerr, because he is joining us online.