Chamber and committees

I welcome the opportunity to speak in support of the Government’s motion.

Anyone in the chamber or watching the debate who is familiar with the north-east of Scotland, where my constituency is located, is very likely to have friends or family members who have a relationship with the oil and gas sector, which has been the mainstay of the north-east economy for many decades. People might also know that more than £300 billion—and counting—in tax revenue has flowed from the North Sea oil and gas sector to the UK Treasury over the sector’s lifetime.

The energy sector has been, and continues to be, a lifeline for the north-east and beyond, and although there have been unintended consequences, such as high house price and recruitment challenges, including for nurses, teachers and police officers, the economic benefit has been vast.

Today, the sector retains a modified footprint, and we await with anticipation the north-east playing its part in our just transition, which will harness the skills, talent and experience of the oil and gas workforce, underpinning our national journey to net zero. Members may ask what all that has to do with community wealth building. In my view, the answer is, “Quite a lot.”

Earlier this week, I listened to an inspiring presentation by Ted Howard, who is president of the Democracy Collaborative. Like Emma Harper, I was drawn to the philosophy of community wealth building: transforming local and regional economies to deliver a true wellbeing economy.

In his presentation, Ted Howard spoke about the challenges of using traditional strategies to support economic development in urban areas, which are often simply—as he put it-–a “zero sum game”, predicated on the concept that markets reign supreme; that rooting jobs locally is irrelevant in a global economy; and that the benefits of economic growth will eventually trickle down. He outlined how we need to move beyond economies that are shaped and driven by the needs of investors, in which working people are considered simply a cost on a balance sheet, and towards an option that centres the economy around people and their needs and the communities in which they live: community wealth building. As the daughter of a local greengrocer, I did not need much persuading.

I caveat Ted Howard’s observations by noting that they relate to the US economy; however, they started to resonate with me in the context of the north-east. Listening to his perspective, I started to think about the legacy of oil and gas through a different lens. I realised that, as we stand on the brink of an energy transition, we have an opportunity to transform our places in a way that puts an emphasis on local people and on ownership, thereby growing the number of people who have a genuine stake in their local economy.

As a constituency MSP, I have spoken to many local organisations, groups and charities that have benefited from corporate support as energy sector businesses sought to fulfil their social responsibility role in the region. The arts and creative culture, food banks and apprenticeships have all been supported by the oil and gas sector and are all contributing to community wealth building—we perhaps just did not call it that. I refer to the point that Daniel Johnson made in that regard in his opening remarks.

Last year, Aberdeen city benefited from a £1 million award through the Scottish Government place-based investment programme fund, which supported a range of projects. Those included, in my constituency, the fabulous Greyhope Bay visitor centre, which was awarded £50,000—it offers the best views over the city, including dolphin watching; an off-grid cafe that uses hybrid energy and circular rainwater treatment technology; and contemporary outdoor, creative and educational programmes. Inchgarth Community Centre was given the Queen’s award for voluntary service, and it is now benefiting from a £400,000 award for its expansion. Those are living examples of a community wealth building approach that seeks to help local businesses and communities have a bigger stake in how their local economy functions.

My constituency hosts a wide range of small and medium-sized businesses that have been an integral part of the oil and gas supply chain. They include a local timber merchant that makes pallets for the offshore sector and a wholesaler that supplies the corporate hospitality sector, to name but two. Both businesses want to diversify into new markets, thereby supporting local green jobs, retaining wealth in the community and shortening the supply chain.

The Robert Gordon University report, “Making the Switch”, which was published just last week, states that, with the north-east of Scotland hosting

“the largest energy skills cluster in the UK”,

the region has a critical role to play in our energy transition. However, it is vital that our energy transition has at its heart a commitment to energy justice, through which we can seek to restructure our local economies in a way that tackles social, economic and environmental injustices while building wealth in our communities.

Last year, I spoke in a members’ business debate about plans to transform a local green space in my constituency into an energy transition zone. Economic growth is essential; however, much of the debate at that point was industry focused. There is now a need for a community-orientated perspective, through which areas are developed in a consensual way to meet both community and industry needs.

I very much look forward to being part of the delivery of the community wealth building model that is being developed by the Scottish Government, in the north-east context—bringing industry, local authorities and others together; thinking out of the box; and enabling an approach to energy transition that has truly building community wealth at its heart.

I would like to go back to the discussion at the start, when the convener picked up on the issue of resources. The committee considered that issue previously during a session with Police Scotland and the NCA—Miles Bonfield, you were involved in that—and we also considered it in our pre-budget scrutiny.

I recognise that part of the overall response to child sexual exploitation online involves enforcement, and that we need to have a skilled body that can undertake that investigative role, given the international and underground dimensions of the issue, but I am still not clear what the committee and the Scottish Government need to be thinking about in terms of resources. On recruitment, what skills do we need to bring in so that we can fill the skills gap and ensure that we have an adequate investigative capability? How do we make Police Scotland an employer of choice—rather than, say, Google—for the people with the skills that we need in the workplace?

Miles Bonfield, could you respond to that first?

I endorse colleagues’ points about the value of the visit. I have to be honest and say that I did not know much about the Wise Group’s work before the visit, and I learned an awful lot, particularly about its throughcare provision.

I am interested in learning a little more about the wider reach of the Wise Group across Scotland. For instance, I am interested in what work it is doing or planning up here in the north-east. Obviously, we have HMP Grampian near my constituency. I would find it helpful to have a bit of background on that wider work.

I want to ask a quick follow-up question. I am happy to go back to Inga Heyman and ACC Hawkins. We know that, if officers use the provisions in section 297, they can take someone to a place of safety, and they are often turned away for lots of different reasons that we know about. That can be for very legitimate reasons. Essentially, they are left holding the baby. I know that you are working on that and that there is progress across Scotland on pathways. Bearing in mind the challenges of remote and rural areas, what should we be thinking about as the optimum pathway in local areas?

Good morning to the panel. I hope that you can see me—I have a wee bit of a problem with the light in my room. I would like to pick up on the current legislative provision in Scotland. I will come to Inga Heyman first on that.

Dr Heyman, I very much welcomed your comprehensive submission. You picked up on the challenges with the current legislative provision in Scotland, and the legislative barriers that exist. At present, one of the barriers appears to be the Mental Health (Care and Treatment) (Scotland) Act 2003. When officers come to assess an individual to decide whether they might wish to take them to a place of safety, the 2003 act allows them to take someone only from a “public place”, whereas we know that a lot of people are in their homes at the time.

Secondly, the wording of the 2003 act refers to a situation where a police officer

“suspects that a person ... has a mental disorder”.

We know that police officers are not trained to make such an assessment, and it would be inappropriate for us to expect them to be able to do so.

The main issue that officers currently face concerns situations in which individuals are in some distress. I am interested in what you feel that we, as a committee, should be thinking about with regard to making the legislative provision more appropriate, and more of a fit for the growing number of scenarios in which officers encounter someone who is in poor mental health. I will come to Inga Heyman first, and then bring in ACC John Hawkins.

That is really helpful.

I want to ask Bex Smith a quick follow-up question on the welfare of not just officers but staff who are involved in investigations in often complex and quite harrowing inquiries. Just before this round-table discussion, we discussed policing and mental health in our first round-table discussion of the day. What provision are you able to make, or what provision do you have in place, to ensure that the welfare of officers and staff who are involved in investigating cases of child sexual exploitation is monitored and supported?

No, I appreciate it. It really set the landscape out very well. ACC Hawkins, do you have anything to add?

I am pleased to open in the debate on behalf of the Criminal Justice Committee, which is a secondary committee on the bill and has considered its justice provisions. At the outset, I thank the witnesses who took the time to give evidence on the bill. Their views have helped to shape the committee’s views on the proposals. I also thank the committee’s clerking team for its support in leading us through the stage 1 process and producing our stage 1 report.

The justice provisions in the bill can be divided into two types of measure: permanent and temporary. The permanent changes are those that were put in place during the pandemic and that the Scottish Government has decided are worthy of permanent retention. In general, those attracted limited comment and were fairly non-contentious. For example, the bill proposes the establishment of a permanent system whereby interim payments can be made to lawyers for legal aid work.

The temporary justice measures in the bill attracted more interest. The bill sets out what “temporary” means in practice. All the temporary justice measures will expire on 30 November 2023 unless an extension is agreed by statutory instrument. The temporary measures cannot be extended beyond 30 November 2025.

I will briefly highlight four of the temporary justice measures. First, the bill proposes to extend the current temporary measures that supported electronic court business—sometimes referred to as virtual courts or virtual trials—during the pandemic. The committee heard from some in the justice sector who see the advantages of virtual working; however, the committee heard other, more sceptical, views, including fundamental concerns about how that impacts on the solemnity of justice and practical concerns about digital exclusion. The committee’s view is that more virtual trials need to take place in the criminal courts before a properly informed view can be taken about making them permanent. In particular, we are concerned that only a limited number of virtual summary trials had gone ahead. In effect, there needs to be an expansion of the pilot so that more evidence can be gathered as to their effectiveness.

If the Scottish Government seeks to extend the temporary provisions beyond 2023, the committee would expect to see robust evidence to justify that. The committee notes in the Scottish Government’s response its intention to consult more broadly on virtual proceedings and on improving victims’ experiences in the justice system, such as with the use of virtual trials in summary proceedings.

A second temporary measure in the bill relates to fiscal fines. The bill will temporarily increase the maximum level of fiscal fine that is available to prosecutors from £300 to £500. A majority of the committee supported those temporary provisions. However, the committee’s view is

“that there should be more transparency and improved reporting on the use of fiscal fines”,

which, importantly,

“may help the victims understand the process.”

We would also question any moves

“to extend the fiscal fine provisions to include more types of crime.”

The committee notes the Scottish Government’s response, which highlights existing reporting on fiscal fines and the reassurance that is provided by the temporary nature of the measure.

The bill proposes a temporary relaxation of the statutory time limits that criminal proceedings are subject to. Some witnesses described those provisions as “a necessary evil”, given the need to ensure the delivery of justice. The committee’s view is that the further extension of time limits is concerning, and that there are good reasons for returning to normal time limits as soon as feasible. The committee seeks reassurance that the use of extended time limits will be monitored and used proportionately. The committee notes that, in its response, the Scottish Government agrees that

“the extended time limits ... should not become the ‘new normal’”.

Finally, there is also a temporary power in the bill to allow Scottish ministers to make regulations to release certain people from prisons and young offenders institutions early. Various safeguards around the use of that power are included in the bill. The committee’s view is that a balance must be stuck between the risks that are associated with the early release of prisoners and the risks that are associated with a Covid outbreak in prison. We consider that the power should be used only in the case of a significant deterioration in the Covid-19 position in Scotland and where a Covid outbreak cannot be managed through any measure other than reducing the prison population. The cabinet secretary has provided reassurance that he has no current plans to use the power. Any regulations on the early release of prisoners would be subject to close parliamentary scrutiny by the committee.

In the time that was available to it, the Criminal Justice Committee gave careful consideration to the justice provisions in the bill. If the bill passes at stage 1, we stand ready to consider those justice provisions line by line at stage 2.

I will come back to the member if I have time at the end of my speech.

Let us look at homicide. The Scottish Government national statistics publication on homicide records 55 homicides in Scotland in 2021, which is a decrease of 10 from the previous year and the lowest number since comparable data became available in 1976. By contrast, in England, 691 homicides were recorded in the same period, which is an increase of 14 per cent on the previous year.

On police funding, despite the cuts to its central budget from Westminster, Scotland has around 32 officers per 10,000 of the population compared with around 23 per 10,000 of the population in England and Wales. They are also better paid. In England, an officer’s starting salary is £21,500 compared with almost £27,000 in Scotland.

On police numbers, in the Queen’s speech, we heard all about the UK Government’s commitment to put 20,000 extra police on the streets. What was omitted was that the UK Government is simply replenishing the 22,000 officers that it cut in England and Wales between 2010 and 2019.

The motion refers to “bail and release”, and, as Pauline McNeill mentioned, only this morning, members of the Criminal Justice Committee visited the Wise Group and heard powerful testimony about the life-changing and life-saving throughcare work of mentors supporting people who are serving short-term sentences. We heard that

“people want to change, they just don’t know how”.

We also heard that

“mentors inspire to help others aspire”.

One customer, reflecting on his own childhood and pathway into prison, said:

“it was always going to happen”.

I express my thanks to Charlie Martin and all at the Wise Group for hosting the committee.

We should contrast that with the narrative in yesterday’s Queen’s speech about tagging burglars, robbers and thieves; putting rapists behind bars; and pinning criminals to the scene of their crime—hardly a contemporary 21st century approach; more “Life on Mars”. There was not a shred of a mention of prevention—something that Jamie Greene talked about—and there was no mention of Covid.

Not for one second should we downplay the challenges that the justice sector faces. I welcome the new vision for justice, which sets out our contemporary and wide-ranging strategy, which has trauma-informed and, more importantly, trauma-responsive approaches and the needs of victims at its heart. Given the election results across Scotland last Friday, it seems that the people of Scotland do, too.

I mentioned Scottish Prison Arts and Creative Enterprises, which provides therapeutic opportunities for prisoners. I draw on the words of Professor Fergus McNeill, who said:

“if imprisonment and release are to be crafted around ‘Unlocking Potential’ and ‘Transforming Lives’, then we need creativity to be at the heart of the process—reaching into prisons to support personal change, and reaching out of prisons to support social change.”

The Conservatives might call that soft justice. I call it doing the right thing.

What has been the impact on the sector of the £2 million funding boost that was announced in March for services that provide mental health support for veterans?