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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 5 May 2021
  6. Current session: 12 May 2021 to 13 July 2025
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Displaying 1537 contributions

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Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Katy Clark

My question is to Julia McPartlin and Ian Moir. Exactly what level of increase are you suggesting there needs to be in legal aid fees? Are you suggesting that the restructuring of legal aid to encourage pleas at an early stage would be sufficient to enable better recruitment for criminal defence agents or are you suggesting a percentage increase across the board on criminal legal aid rates? What kind of percentage is necessary now to enable you to recruit into the sector?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Katy Clark

I also do not intend to move a motion to annul but I have significant concerns about the statutory instrument and the length of time that the extension would be in place. Therefore, if circumstances were to change, I would want the Scottish Government to come back.

I also have concerns about the practical implementation of the substantial powers that governors will have under the instrument. The committee should be kept advised on that to satisfy itself not only that individual prisoners’ human rights are respected but that the approach is consistent with health guidance that is in place outside prisons.

The committee would have preferred it if the instrument had been in force for a shorter period. It is unfortunate that the Scottish Government does not feel able to do that on this occasion. For that reason, the committee should be kept closely advised of how it is implemented.

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Katy Clark

What role might the Public Defence Solicitors Office play in a reformed legal aid system? What would the balance be between private practice and public sector provision through the PDSO?

With regard to the current crisis, is there a role for the PDSO, especially in busy courts? It may well be that, because of waiting times and so on, there are more efficient ways to deal with the problem and to ensure in the way that things are organised that solicitors are actually addressing the tasks that need done. I want to ask Colin Lancaster about that. Is there realistically a greater role for the PDSO to play in the immediate future?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Katy Clark

I ask Ian Moir to come in on that. What would make a difference? There could be an increase but it might not be sufficient for what you are arguing for. What does the Government need to do?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Katy Clark

So you are saying that to maintain your business model and recruit lawyers you need to go back to 1999 levels in the immediate future. I am not talking about the long-term structure—I am talking about what needs to be done now to ensure that we do not have a crisis this winter.

Meeting of the Parliament (Hybrid)

Portfolio Question Time

Meeting date: 29 September 2021

Katy Clark

To ask the Scottish Government what it is doing to raise awareness among the public and healthcare professionals of the symptoms of leukaemia. (S6O-00203)

Meeting of the Parliament (Hybrid)

Portfolio Question Time

Meeting date: 29 September 2021

Katy Clark

According to Leukaemia Care, patients with leukaemia have a significantly higher rate of emergency diagnosis than those with other forms of cancer, which means that people only find out that they have leukaemia when they present with an emergency. The problem is also being exacerbated by the pandemic.

What can the Government do to increase awareness, given that people are delaying seeing general practitioners, and that there are backlogs in the health service?

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

Professor Burman and Professor Chalmers may have looked at that issue or have a view on it. They may well think that we are going down the right path, but it would be interesting to explore whether there are elements of other systems that we have not looked at but should look at if we want to improve conviction rates.

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

I want to pick up on points that have already been made. Taking on board everything that has been said about the proposal potentially downgrading offences and the comments about it being considered as an inferior court, and on the presumption that it would be part of the High Court, I want to know whether, if the system was one of a jury-free specialist court with a single judge or single judge with wing members, that would have an impact on how cases were marked and on whether they would be taken to court in the first instance. That is probably a question for the police and prosecution service.

We have already heard that there are problems in resourcing the taking of evidence on commission. Is that an issue? If changes were made so that there was more availability to take evidence on commission and the system had a single judge or a single judge with wing members, and if we put aside corroboration and treat it as a completely separate—although obviously very important—issue, would more cases come to court and, therefore, could more rape and attempted rape convictions be secured? That question is for Moira Price from the prosecution service; if Detective Chief Superintendent Faulds wants to come in, that would also be helpful.

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

Dr Marsha Scott, from your organisation’s experience, why do victims decide not to go down the path of taking issues to the police? You must have extensive experience of that.