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
Meeting date: 7 September 2022
Audrey Nicoll
You are correct. It works with offenders in that field.
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
Item 3 is consideration of a number of items of correspondence that the committee received during the summer recess. I refer members to paper 2. As you will see, the clerks have suggested some follow-up actions in the table in paragraph 3.
I propose that we take each letter in turn. I will ask the committee for any views, and then for agreement, on how we wish to proceed with each of them.
We will start with the letter that the committee received from the Minister for Community Safety in relation to legal aid. Do members wish to make any comments on the correspondence?
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
Thank you very much for that. Members have made valid points, not least in recognising what, at this point, the committee’s role is and is not.
I found both sets of correspondence to be comprehensive and helpful in setting out the historical context for today’s legal aid provision. It is clearly not a straightforward situation and challenges remain with regard to everyone getting to where they would like to be. I agree with Collette Stevenson about our ideally having a system that meets the needs of those who work in it and those who are in receipt of the services that are provided through legal aid.
I do not want to repeat the points that members have already covered. I am therefore happy to pick them up and link with SPICe to get further information on the context of all of this, as well as the timeline that Jamie Greene has mentioned, which would be helpful.
I note that the Scottish Government is currently in negotiations and has undertaken to update us on their progress, as well as on the review of the Public Defence Solicitors Office. I am happy for us to write the minister for an update on that progress and to refer to the Edinburgh Bar Association letter that we received yesterday. We will also cover the issue in our budget scrutiny, as it will form an important part of that forthcoming process.
I therefore propose that we link with SPICe and write to the minister on the points that we have raised. Are members happy with that?
Members indicated agreement.
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
I move to our second letter, which is from the Scottish Government and outlines its plans following the consultation on the not proven verdict and other matters. Yesterday in Parliament we heard an update in relation to the programme for government around the proposals to abolish the not proven verdict.
Do members wish to make any comments on that correspondence?
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
On that note, Stephen Imrie has reminded me that we have already started to seek some of that information. You have raised a good point. Another option is to have a follow-up to the session on policing and mental health, in order to consider that session and other issues that have been raised. Do members agree to that?
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
Agenda item 2 is consideration of a negative Scottish statutory instrument. I refer members to paper 1.
The SSI adds
“A United Kingdom photocard driving licence”
as a valid form of identification for the purposes of a defence to two new criminal offences under the Offensive Weapons Act 2019 operating in Scotland. The two offences are, first, an offence under section 39 relating to a delivery company delivering bladed products, sold by a UK-based seller, to a person aged under 18 at residential premises; and, secondly, an offence under section 42 relating to a delivery company that has entered into an arrangement with a seller that is based outside the UK to deliver a bladed article to a person under 18.
As there are no questions, are members content not to make any recommendation to the Parliament on the instrument?
Members indicated agreement.
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
We are getting there. Our next letter is from the Scottish Fire and Rescue Service, which provides an update on its use of naloxone. Again, I am happy to open the floor up to members.
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
The next letter is from the Scottish Prison Service and is about access to fresh air. We have some confirmation of the provision that is in place for that. Do members have any comments?
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
Exactly. That issue in relation to health boards, as opposed to NHS Scotland oversight, was highlighted a couple of times.
Criminal Justice Committee
Meeting date: 7 September 2022
Audrey Nicoll
Yes. I agree.