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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 28 August 2025
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Displaying 1839 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

I have a supplementary question. Given what you said about there being a lot of change and the fact that you want to compare and assess, would not it make sense to run the pilot in the High Court, because you already know how it operates? Rather than running the pilot in the specialist court that you would have just set up—and which you need to get right—would not it make sense for the pilot to be run in the High Court, so that you do not have to worry about the vagaries of a new system?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

Right, but you will look at conviction rates. That will be a criterion. The witnesses are correct, then.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

What is the purpose of including conviction rates?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

We want to understand what the assessment process is.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

But she is not answering my question.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

We are still an outlier.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

Okay.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

I preface my remarks by saying that I think that the proposal for a specialist sexual offences court is the most significant proposal in the bill. However, I have to say that the Government is putting itself in danger of losing the consensus on that, which is what my line of questioning relates to.

Why did you not fully adopt Lady Dorrian’s suggestion? As you said, cabinet secretary, you do not think that the specialist sexual offences court should be considered to be a lower court but, in fact, it will be. However, if you had adopted Lady Dorrian’s recommendations for it to be a parallel court, there would be no question over that.

I have questions on rights of audience that illustrate why I think it will be seen as a lower court. I know that you were not cabinet secretary when the bill was drafted, so I would be happy if your officials want to come in. It seems extraordinary for Lady Dorrian to do this work and come up with a proposal that everyone thinks is good but for you to dilute it by saying that it will not be a parallel court to the High Court—I really do not understand that.

Meeting of the Parliament

Topical Question Time

Meeting date: 6 February 2024

Pauline McNeill

Scotland has the highest remand population in Europe, which is one of the reasons why the prison population is so high. Some prisoners are being held in quite scandalous conditions. We heard this week that the head of the Scottish Prison Service has warned ministers that it is planning to double the number of prisoners who are released on electronic tags, but the compliance rate seems low at 70 per cent—so, around one in four are breaching the conditions. What does the Scottish Government say about that?

In answer to Russell Findlay, the cabinet secretary cited the Bail and Release from Custody (Scotland) Act 2023. Can the Government be clear about what difference the 2023 act will make to the remand population? Up until now, that has not been clear to Scottish Labour, and we would like an answer on that.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Pauline McNeill

Sheriff Cubie, Lady Dorrian made a point to the committee about the tenure of temporary judges. As a layperson listening to that, I thought, “Temporary judges are temporary judges; they aren’t permanent judges.” There is a difference between temporary judges and judges who have sat for many years as permanent judges in the High Court. When you say that we perhaps need to look at the question of tenure, do you mean that there would be a fixed term so that the question of the independence of the judge and the appointment by the Lord President would not be compromised?