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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. Current session: 13 May 2021 to 15 March 2026
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Displaying 4022 contributions

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Criminal Justice Committee [Draft]

Crime and Policing Bill

Meeting date: 25 February 2026

Audrey Nicoll

Thank you, cabinet secretary. I will kick off with a practical question that relates to the provisions on child criminal exploitation prevention orders, which sound very appropriate and reasonable. However, could there be situations in which they might overlap with, for example, child protection orders, which we are all familiar with and are used regularly in Scotland, or are the proposals on the new orders clearly defined as dealing with specific types of offending that would not necessarily apply to a regular CPO, if that makes sense?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

As there are no more questions, we will move on.

Our next item of business is to consider the motion to approve the affirmative SSI on which we have just taken evidence. I remind officials that only members may speak in a debate on a motion. I invite the cabinet secretary to move motion S6M-20532 and to make any brief additional comments that she wishes to make.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Are members content to delegate responsibility to me and the clerks to approve a short factual report to the Parliament on the affirmative instrument?

Members indicated agreement.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Our final item of business is an evidence session on an affirmative instrument. In addition to the Cabinet Secretary for Justice and Home Affairs, I welcome Mary Hill, criminal justice reform unit, and Louise Miller, solicitor in the legal directorate, both at the Scottish Government.

I refer members to paper 5. I intend to allow up to 20 minutes for this item. I invite the cabinet secretary to make some opening remarks on the SSI.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

As there are no questions, our next item of business is to consider the motion to approve the affirmative SSI on which we have just taken evidence. I remind officials that only MSPs may speak in a debate on a motion. I invite the cabinet secretary to move motion S6M-20637, in her name, and to make any brief additional comments that she wishes to make.

Motion moved,

That the Criminal Justice Committee recommends that the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Domestic Homicide and Suicide Reviews) (Scotland) Amendment Order 2026 [draft] be approved.—[Angela Constance.]

Motion agreed to.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

The report will be published shortly.

That brings us to the end of today’s meeting. I thank the cabinet secretary and her officials for attending.

Meeting closed at 11:45.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

I would certainly be interested in receiving that information so that we can understand a little more about what the group’s role might be, particularly in the context of what we are discussing today. I appreciate the offer.

Criminal Justice Committee [Draft]

Crime and Policing Bill

Meeting date: 25 February 2026

Audrey Nicoll

That would be appreciated. Those answers have been helpful, because you have clarified that the proposed new child criminal exploitation prevention orders will be imposed on the adult, which is slightly different from the approach with which we are familiar with CPOs. However, any further information would be appreciated.

11:15

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Are members content to delegate to me and the clerks responsibility for producing and approving a short factual report to the Parliament on the affirmative instrument?

Members indicated agreement.

Criminal Justice Committee [Draft]

Crime and Policing Bill

Meeting date: 25 February 2026

Audrey Nicoll

As Mr Kerr will recall, because I think that he participated in it, there was a recent members’ business debate in which I spoke at length about that issue—to the extent that I was incurring the wrath of the Deputy Presiding Officer.

Mr Kerr will recall that I set out the legislative provision that exists in Scotland. I hope that I fairly acknowledged the arguments for a specific named offence, particularly in relation to data and public messaging, because there is a bit of a dearth of data on the issue. However, we want to ensure that there would not be any unintended consequences. One issue relates to consent, because someone cannot consent to such behaviour, and there are some differences in the law in England and Wales.

We will consult on the matter and on a range of other matters that could enhance protections for women and girls. If my memory serves me right, Mr Kerr has been asking questions about the consultation. All that I can say is that it is imminent, so he will not require to be patient for much longer.