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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]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Good morning and welcome to the eighth meeting in 2026 of the Criminal Justice Committee. We have received no apologies this morning.

Our first item of business is an oral evidence-taking session on an affirmative instrument. We are joined by the Cabinet Secretary for Justice and Home Affairs, who is supported by Patrick Down, criminal law, procedure and sentencing team, and Jasmin Hepburn, legal directorate, from the Scottish Government. Welcome to you all.

I refer members to committee papers 1 and 2, and I thank everyone who has provided written submissions. I intend to allow up to 60 minutes for the item.

I invite the cabinet secretary to make some opening remarks on the Scottish statutory instrument.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Thank you. I invite questions from members. We will start with Liam Kerr.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

I will pick up on the points that you set out with regard to the time that Police Scotland will require to put training in place and develop guidance and policy. I know from experience that responding to hate crime as an operational officer is not necessarily straightforward. It can sometimes be difficult to distinguish between a hate crime and an ordinary criminal act, if there is such a thing. Investigations can also be complex and often merit a partnership response.

Will the cabinet secretary set out a little bit more about plans for training not just for police officers and staff, but for individuals who work in the wider stakeholder space who might have a role in a whole-system response to a hate crime being perpetrated, particularly—assuming that the SSI is agreed to—where the characteristic of sex is appropriate?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Our next item of business is an oral evidence session on a draft affirmative instrument, the Early Removal of Prisoners from the United Kingdom (Amendment of Specified Time Periods) (Scotland) Order 2026.

Joining the Cabinet Secretary for Justice and Home Affairs are David Doris of the prison policy team and Hannah Hutchison of the legal directorate, both from the Scottish Government. I welcome them and refer members to paper 4. I will allow around 20 minutes for this item of business and I invite the cabinet secretary to make some opening remarks.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Thank you, cabinet secretary. I will open the meeting to members’ questions, and I will bring in Liam Kerr.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Audrey Nicoll

Cabinet secretary, you said that it would be for the Scottish Prison Service to consider suitability or eligibility for removal under the early removal scheme. That is then referred on to the Home Office for consideration. However, am I right in thinking that, should a governor feel that early removal is not appropriate, they could effectively veto it?

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]

Scottish Fire and Rescue Service

Meeting date: 4 February 2026

Audrey Nicoll

Thank you for that helpful clarification. That brings us to the end of the session. Thank you both very much indeed—it has been a very worthwhile session.

We will have a short suspension to allow our witnesses to change over.

11:07

Meeting suspended.

11:12

On resuming—

Criminal Justice Committee [Draft]

Scottish Fire and Rescue Service

Meeting date: 4 February 2026

Audrey Nicoll

Thank you for your opening remarks. I know that members are keen to drill into some of the points that you have raised in your opening statement, but I will kick things off by referring to your submission, which helpfully flags not only the fact that an internal review is taking place on reform of the Scottish Fire and Rescue Service and its delivery, and the impact of the budget in that respect, but the implications of the public service reform strategy. There is quite a lot going on that you, as a union, and the Scottish Fire and Rescue Service are having to grapple with.

Bearing all that context in mind, and given what you have just outlined, what do you want to see—or what would you like to see—in the next year or the next three years that would change the position that you are in? What do you need? You have talked about where we are with regard to the budget, but how will that need to change to bring things up to an acceptable and sustainable level?

Criminal Justice Committee [Draft]

Scottish Fire and Rescue Service

Meeting date: 4 February 2026

Audrey Nicoll

I will go to Rona Mackay before I come in with a couple of final points.