Chamber and committees

Thank you very much, Rona. I also thank my fellow committee members for their agreement to my nomination as convener of the Criminal Justice Committee. I very much look forward to working with you all and getting our committee business under way.

The committee’s next task is to choose a deputy convener. The Parliament has agreed that only members of the Scottish Conservative and Unionist Party are eligible for nomination as deputy convener of the committee. I understand that Russell Findlay is that party’s nominee for the post.

Russell Findlay was chosen as deputy convener.

That was unanimous. Congratulations on your appointment, Russell.

[Inaudible.] If anyone disagrees, please type N in the chat box.

We are agreed to take item 5 in private. Thank you.

That completes the public part of our business. The next meeting of the committee will be scheduled for after the summer recess. Details will be sent to members and published in the Business Bulletin.

I have no relevant interests to declare.

What impact will the OECD review’s recommendations have on the Government’s wider work on closing the attainment gap, to ensure that pupils from our most deprived backgrounds have the greatest opportunity to achieve better outcomes and guarantee that we deliver excellence and equity for all pupils?

What support will be available to survivors of historical sexual abuse in care to access the redress scheme, particularly where it might be difficult for them to access or use digital technology to do so?

What does the cabinet secretary expect to see in the UK Government’s net zero strategy, given that, as he highlighted, our ability to reach our targets is dependent on action from the UK Government, because we do not yet have all the levers at our disposal?

Over the past few weeks, the chamber has facilitated a number of important recovery debates on issues that have included health, our economy, education, tackling poverty and Covid-19. This afternoon, we are debating justice—the golden thread that, in my mind, ties those and other issues together. It is the cog in the wheel of our wellbeing, livelihoods, economy and future prosperity.

The global pandemic impacted numerous functions in the justice system, but the sector could not simply transition to essential business only. Front-facing services had to continue, justice staff had to be protected and new potentially life-saving Covid legislation had to be used to protect our wider society. Police officers had to balance an education approach when engaging with the public with enforcing the law. Prison and healthcare staff had to manage Covid-19 and prevent its spread in the confinements of our prison estate. Court staff had the huge challenge of reconfiguring court processes to allow them to operate effectively and safely. Today, I pay tribute to everyone across all justice agencies and on the front line for their commitment to ensuring that justice processes adapted and responded to the constraints that Covid-19 placed on them.

In last week’s health recovery debate, I made my first speech as a newly elected MSP. I spoke about the growing intersect between policing and public health. In support of today’s wide-ranging motion, and based on my experience in policing, I will return to that theme, which I believe directly impacts on both our court system and our prison population.

The report “Justice Vision and Priorities delivery report—key achievements and impact of Covid 19”, which was published back in March, provided an update on the progress that had been made in delivering on priorities that were set in 2017 for justice organisations and partners. The priorities included improving

“health and wellbeing in justice settings, focusing on mental health and substance use.”

The report highlighted progress towards increasing the number of mental health workers across Scotland, including those in justice settings. I am pleased that that is under way and that health professionals are now working in some—albeit not all—police custody settings.

We know the devastating impact of Covid-19 on our mental health, regardless of our background or experiences. We know that people who are in contact with the criminal justice system have higher levels of mental ill health than the general population and that they generally live in communities that face social and economic disadvantage. We also know that the incidence of police interaction with people with poor mental health increased during the pandemic and that, inevitably, some of those people were taken into custody. That is at odds with a range of legislation, operating procedures and protocols on places of safety, not least the Mental Health (Care and Treatment) (Scotland) Act 2003, which specifically states that a police station should not be used as a place of safety unless no suitable alternative is available.

Entering custody, especially for the first time, can be traumatic, particularly in circumstances in which the pathway to it was not connected to offending but was the result of someone’s circumstances and experience. In such situations, rather than making someone who is already at a low point even more vulnerable, entering police custody should offer an opportunity for health and other professionals to connect with such individuals, who often do not traditionally engage with health and other services.

I am aware of the work that is being developed by the Scottish Government, the police care network, the national health service, Police Scotland and others to take forward that important priority, and I am pleased that some aspects gained added traction during the pandemic. I very much hope that the new Cabinet Secretary for Justice will support that transformational work and the innovative opportunities to improve and develop nurse-led models of care, custody exit processes and pathways to support. Perhaps just as important are pathways into care and support that circumvent police custody in the first place—but perhaps that debate is for another day.

Policing in Scotland has evolved in recent years. It prioritises keeping people safe, protecting victims’ rights and dealing effectively with offenders while upholding the fundamental human rights of everyone who comes into contact with the service. However, the fact remains that there is a population of people who continue to enter custody having committed no crime or offence, frequently experiencing mental health issues and, in essence, being criminalised by a system that exists to protect them.

As the justice sector moves through the pandemic, there is no doubt that there will be challenges ahead, but there will also be transformative opportunities to place Scotland on a contemporary and innovative footing in respect of custody provision, through developing a truly person-led approach that has trauma-informed care, dignity and compassion at its heart.

What plans does the Scottish Government have to ensure that local employment opportunities, particularly for young people, will be a key part of Scotland’s transition to net zero.