Chamber and committees

Our next petition is PE1458, lodged in December 2012 by Peter Cherbi, which calls on the Scottish Parliament to urge the Scottish Government to legislate to require all members of the judiciary in Scotland to submit their interests and information on any hospitality received to a publicly available register of interests.

This is a continued petition that was previously referred to the session 6 Criminal Justice Committee and to previous incarnations of that committee. The session 6 Criminal Justice Committee most recently considered the petition on 26 January 2022. At that meeting, it agreed to write to the Scottish Government and to keep the petition open. The Scottish Government’s programme for government for that year included a commitment to begin work on establishing a register of interests for the judiciary. The committee did not carry out any further work in relation to the petition in session 6.

In his submission to the committee, the Cabinet Secretary for Justice states that he has carefully considered the matter, including the views of the Lord President and the existing framework for judicial accountability, and does not intend to make any changes, because he is content that sufficient safeguards are in place.

Do members have any comments or suggestions for action?

Our final previously referred petition is PE2136, published in January 2025 and lodged by Fiona Drouet, which calls on the Scottish Parliament to urge the Scottish Government to make non-fatal strangulation a stand-alone criminal offence in Scotland.

On 23 April 2025, the petition was referred to the then Criminal Justice Committee. The committee held an evidence session on 21 May 2025, which included taking evidence from the petitioner. It wrote to the then Lord Advocate and justice secretary and received responses from each, as well as from the petitioner.

The position of the Scottish Government and the Crown Office and Procurator Fiscal Service is that non-fatal strangulation is already a crime, prosecuted under common assault, attempted murder or domestic abuse legislation, and that, as such, there is no need for a specific offence in Scots law.

In a submission to the Criminal Justice Committee on 11 July 2025, the petitioner set out her reasons for disagreeing with that position, believing that a lack of distinct recognition of the crime minimises the gravity of the offence. The petitioner did, however, welcome an offer from the Lord Advocate to discuss the matter further.

The committee sought the views of the Scottish Government on all petitions carried over from session 6 to inform its consideration. The Scottish Government’s response of 21 July 2026 referred to its consultation on improving protections in the justice system for women and girls. The consultation ended on 31 August and sought views on a range of matters, including the operation of non-fatal strangulation law. The petitioner’s response indicates that the petitioner submitted evidence to that consultation.

I invite members to make any comments or suggestions for action.

We have noted your points, Ms Gallacher. Thank you very much for attending today. We will make sure that the petition is carried forward.

Do colleagues have any comments?

PE2215, which was published on 18 June 2026 and lodged by Kirsty Solman, calls on the Scottish Parliament to urge the Scottish Government to create and enforce a national anti-bullying policy that all schools and local authorities must follow, with mandatory reporting procedures and stronger consequences to ensure the safety and protection of children who are affected by bullying.

The Scottish Parliament information centre briefing notes that, in order to deliver a consistent and mandatory policy across all schools, one option would be to create a power for the Scottish Government to issue statutory guidance. The briefing identifies a range of measures that are designed to support positive behaviour in schools, including a joint action plan between the Scottish Government and the Convention of Scottish Local Authorities, and “Respect for All: The National Approach to Anti-Bullying for Scotland’s Children and Young People”, which includes non-statutory guidance on implementing anti-bullying policies.

The Scottish Government submission refers to “Respect for All” and states that it was revised in 2024 following extensive engagement with a range of key stakeholders, including Education Scotland, teaching unions, parent representatives and children’s organisations. The Scottish Government explains that it does not currently have the power to introduce statutory national anti-bullying guidance or mandatory reporting requirements. It considers that having that power would not necessarily improve outcomes for children and young people, and it observes that evidence does not demonstrate that legislating in the area leads to a reduction in bullying or an improvement in recording practices.

The Government further sets out in detail the range of work that it is undertaking alongside the “Respect for All” approach, including separate guidance on fostering a positive, inclusive and safe school environment and new guidance on risk assessments for violent, aggressive and dangerous behaviour. Both were published in June 2025 as part of the joint action plan. The next update of respect for all is due to be published in 2029. Do members of the committee have a view?

I think that there is agreement from members of the committee. Cara McKee has written that she was minded to close the petition, but it seems that there is a majority in favour of retaining it open at this stage and seeking further views from the stakeholders that were suggested by Mr Torrance.

If we are in agreement, we will note those actions and carry on.

Members indicated agreement.

Again, I appreciate Mr MacKinnon for joining us on behalf of his constituents. We will keep in touch.

Item 4 is consideration of six new petitions. Our first new petition is PE2212, which was lodged by Steven Fawcett and published on 17 June 2026, calling on the Scottish Parliament to urge the Scottish Government to commission a national review of the misapplication of unacceptable actions policies across local authorities and their impact on safeguarding and equality compliance.

The petitioner would like such a review to consider whether there is a need to develop statutory guidance clarifying the interface between the Adult Support and Protection (Scotland) Act 2007 and local authority complaints or behavioural policies; strengthen enforcement powers for the Scottish Public Services Ombudsman and/or create an independent safeguarding and equality oversight body to ensure compliance with the 2007 act and the Equality Act 2010; and mandate uniform training and reporting standards across all councils to ensure that equality and safeguarding are treated as statutory, rather than discretionary, obligations.

The Scottish Parliament information centre briefing sets out that local authorities’ responsibilities under the Equality Act 2010 include the duty to make reasonable adjustments, and provides links to examples of how some authorities refer to equality and the reasonable adjustment duty.

The SPICe briefing also sets out the statutory functions of the SPSO. It notes that, although the SPSO has the power to investigate complaints and make recommendations, it does not have the power to enforce any of its recommendations or to initiate its own investigations. The SPCB Supported Bodies Landscape Review Committee raised that issue in session 6.

In its submission, the Scottish Government states that it does not consider that there is sufficient evidence to require the development of statutory guidance to clarify any interface between the 2007 act and local authority complaints or behavioural policies. In response, the petitioner refers to a freedom of information response that he obtained from his local authority, which he considers provides evidence in contrast to the Government’s position.

The Scottish Government acknowledges that the strengthening of the SPSO enforcement powers or the creation of a new oversight body could be achieved through primary or secondary legislation. It notes, however, that that

“would come with significant time and resource implications and would require careful consideration to avoid duplicating current work with”

adult support and protection partners.

The Government does not consider that there is evidence or a need to support the creation of a new oversight body or to strengthen the SPSO’s powers. The petitioner notes the Government’s acknowledgement that any strengthening of the SPSO’s powers or the creation of a new oversight body would require legislative action. He also notes how that issue was raised by the session 6 SPCB Supported Bodies Landscape Review Committee and asks why that recommendation has not yet been progressed.

The Scottish Government refers to its adult support and protection learning and development framework, which was published. It does not consider there to be evidence or a need to mandate statutory uniform training and reporting standards. The petitioner refers to the freedom of information response and argues that that shows that a framework addressing ASP duties in general terms does not, in practice, extend to training staff on how to operate a policy.

Do members have any views on the petition?

I thank you for that suggestion, which I think is entirely reasonable. Is it the cabinet secretary that you would like us to write to?

We will note that as a referral. I am familiar with the Queen’s Quay heat network, and I think that the visit is a great suggestion.