Chamber and committees

An accused person may not be held in custody for trial for more than 140 days unless the trial has commenced, but that period may be extended by a judge on cause shown. Prior to the pandemic, there were significant delays to High Court trials. Is the cabinet secretary satisfied that the use of cause shown is a high enough test to prevent court delays, or will that become meaningless if it is going to take such a length of time to get back on track? Will the cabinet secretary make a full assessment of the impact of delays on victims—especially victims of rape and serious sexual assaults?

Surely we have learned the lessons from complacency in the past—never again.

The most mesmerizing speaker I have heard in this place—no offence to members—is Nanna Gotfredsen, who is a radical street lawyer who helped open Denmark’s first drug consumption room. I hope to bring her back to the Scottish Parliament so that members can hear her speak. She helped raise a volunteer force to run a drug consumption bus in Copenhagen in 2011, which enabled addicts to consume drugs safely. That soon paved the way for public sanctioned facilities. I chaired the meeting in 2018 at which she spoke, thanks to the work of Fiona Gilbertson of Recovering Justice. Nanna Gotfredsen said:

“We basically don’t have any drug deaths in DCRs and that is the same all over the world. I honestly think it’s crazy that Scotland has such a terrible drug problem and you are not doing this.”

Exactly—what have we been doing? Why are there no beds in Falkirk? It is outrageous. Sue Webber is right to say that the Scottish National Party should be ashamed of its record, but let us work together from this day forward. I raised the issue of high-strength street Valium with the First Minister two years ago and I got a good enough answer, but when I look back now I see that it was utterly complacent. Claire Baker hit the nail on the head: it is about saving lives, and the Lord Advocate should prioritise public health.

As has been highlighted, Scotland is the drug death capital of the world, and we have held that dismal title for six years. As Paul Sweeney said in an intervention, several lawyers—including Aamer Anwar, Mike Dailly and others—believe that we can operate within the law on the ground of the necessity to save lives. We have done that before—for example, in the early 2000s, to protect women in street prostitution in Glasgow. We can operate within the existing law without interfering with the independence of the Crown Office, which is an important point.

In the NHS Greater Glasgow and Clyde area, there were 404 deaths in 2019, which is about the same number as there were in the whole of Spain in the previous year. Scotland accounts for a third of all UK deaths. It is a dark crown to hold, and Brian Whittle is right to say that we have to be able to answer the question: why are we in that position?

Is it any wonder that the Royal College of Physicians of Edinburgh has called for bold measures, including the decriminalisation of the possession of illicit drugs? Portugal once had a similar drug deaths crisis, until it focused on health, not criminalisation, and funded treatment properly.

Drug consumption facilities supervise people who inject their own drugs. No one has ever died from an overdose in such a facility. That is one strand of a bigger policy. Drug consumption facilities are currently operating in at least 66 cities around the world. Concerns that such facilities might encourage drug use or increase crime have proven to be unfounded. Use is also restricted to existing dependent users. A review by the European Monitoring Centre for Drugs and Drug Addiction concluded:

“There is no evidence to suggest that the availability of safer injecting facilities increases drug use or frequency of injecting. These services facilitate rather than delay treatment entry and do not result in higher rates of local drug-related crime.”

I agree that such facilities should be one part of a bigger policy. However, as we have heard, and as Paul Sweeney has seen for himself, Peter Krykant has literally saved lives. I have spoken directly to him. I am trying to point out that the evidence is there for any people who might have concerns that such facilities might extend drug use. We have some hurdles to get over, but by no means do I want Brian Whittle to think that Scottish Labour’s position is that such facilities on their own will be able to deal with the problem. He is correct to say that we need to take a comprehensive approach.

The UK Government’s official advisers—the Advisory Council on the Misuse of Drugs—supports the setting up of drug consumption rooms. Westminster must change the law to allow such facilities across the UK, in the same way that Portugal did. Angela Constance is right that it is not just about changing the 1971 act for that purpose; there are other reasons why we want to modernise the law. I hope that other nations will support us in that.

As other members have done, I pay tribute to Peter Krykant, who has been running an unofficial drug consumption room. As I said, he has saved lives. By the end of March, he had supervised more than 500 injections and had no doubt saved lots of lives without that being on record. There is no further time to waste.

Collette Stevenson and Stephanie Callaghan reminded us that many of us have a personal stake in the issue. I believe that, such is the public concern, the public will, rightly, not allow the Parliament to waste another session. In his excellent speech, Michael Marra said that we must have the data and safe supply, but that we must have same-day treatment, too. I agree. Public Health Wales runs a website and a service that allows users to have their drugs tested anonymously.

Why can there be a live band with singing in the fan zones in Glasgow, but not at a wedding, in a pub or even outdoors in a music venue? On behalf of musicians in the wedding sector and in pubs and clubs, will the First Minister clearly set out the public barriers to singing and dancing at weddings and in pubs? When will she set out the conditions that would allow that to happen? Will she consider a proposal that I and those from the industry are putting together on the mitigations that the industry could support? Will the First Minister engage with us and consider running a pilot scheme that other countries and cities have run, to give musicians, publicans and those in the wedding sector hope that there is a road map on which we can work together and that we can trust?

I acknowledge that point—let us see what progress we can make.

Like Jamie Greene, I want to make a point about the scarcity of legal aid, which has driven many good lawyers from their profession. It impacts not only the accused, but the whole system. It is not just about good housekeeping; we need to ensure that we have good justice. Justice denied is denied not only to the accused, but to victims. I am therefore pleased that the cabinet secretary mentioned that point specifically.

On wider reform, it is time to separate out the roles of the Lord Advocate and the Solicitor General to protect the integrity of the Crown Office and Procurator Fiscal Service.

In Labour’s amendment, we highlight recommendations of the review group that is chaired by the Lord Justice Clerk, Lady Dorrian. I make it clear to members on the Conservative benches that we acknowledge but do not accept all the recommendations that were made by the group—we simply want to highlight them.

Lady Dorrian has recommended that a new specialist court be created to deal with sexual offences. We must remember that some men are victims of violence and sexual crimes. Although far fewer men than women are raped or sexually assaulted, the effects are just as devastating. Lady Dorrian said that the review

“was prompted in particular by the growth in volume and complexity of sexual offending cases.”

It is clear that we need anonymity for complainers in sexual offence cases. Many people think that that is already the case, but it is not.

We will support the Scottish Liberal Democrat amendment. There is a lot in the Conservative amendment that we support, such as the idea of a more victim-centred system. However, we believe that short-term sentences and alternatives to custody are central to our justice system. We think that the current legislative framework should make the necessary provision for sheriffs to give heavy sentences to those who attack emergency workers.

In relation to the Green amendment, I would be grateful if Maggie Chapman would—

Sorry, Presiding Officer. I was told that I had nine minutes to speak.

I appreciate that.

Talking about the prime suspect in the case, investigative journalist Sam Poling said that

“All the evidence I’ve seen suggests this man is incredibly sexually violent towards women and has serious questions to answer about the murder of Emma Caldwell.”

Sarah Everard’s death also painted a clear picture of flaws in our society and the handling of gender-based violence. Authorities advised women to stay home to protect themselves and not walk alone at night, which sparked outrage. Such recommendations put the onus on women to stop gender-based violence; that often happens. In this Parliament, we must be clear that we will stand up for women and demand safer streets.

Forecast data on scheduled trials in Scottish courts suggests that the number of criminal cases that were registered but still awaiting a trial date at the end of April 2021 was nearly 50,000, which is more than double the number of cases in April 2020. The Scottish Courts and Tribunal Service has predicted that the backlog will not be cleared until 2025. I am aware that, yesterday, the Cabinet Secretary for Justice was not able to put a date on when the backlog would be cleared. I hope that we can have a detailed discussion on that.

We have discussed the issue before, but when we carried out the reform that extended sheriff court sentencing powers to five years, it was always intended that, in complex cases, people would get legal aid for counsel. Does the cabinet secretary think that it is time to look at that issue? It seems to be virtually impossible to get such legal aid now.

I thank the Cabinet Secretary for Justice and Veterans, and the Minister for Community Safety, Ash Denham, for meeting me yesterday. I hope that we can continue to work in that fashion. As is Jamie Greene for the Conservatives, I am delighted to lead for Scottish Labour on the justice brief in the new session. I am also delighted to be joined by Katy Clark, who will bring her knowledge and passion to the brief, and I look forward to hearing her first speech later today.

As I was saying to the cabinet secretary only last week, it has been a long while since I have had any involvement in justice issues. I served as convener of the Justice Committee what seems like a century ago and presided over the internationally renowned fingerprint evidence inquiry. I have a lot of catching up to do, so please bear that in mind.

I want to take an approach similar to that which Jamie Greene outlined, and that is to find common ground with the Scottish Government and the other parties to work to make a difference to the everyday experiences of victims in our system, to apply human rights and fairness in sentencing and in our prisons, and to recognise the work of Police Scotland but to ensure accountability for the decisions that the police make—not just in the tragic case of Sheku Bayoh, who died in custody. We desperately need answers on that case but, in all cases, we need accountability.

I do not understand why the previous cabinet secretary did not stand up for police officers on the front line in relation to early vaccination. We know that 40 officers caught the virus after policing public disorder in Glasgow only a few weeks ago.

Scottish Labour recognises the importance of a progressive justice system, with alternatives to custody and investment in community service and other alternatives. There is an urgent need to tackle the backlog of cases that has left victims waiting longer for justice. We also need to ensure that our courts are not overusing remand sentencing. The practice is putting pressure on already overcrowded prisons and we need to remember that people on remand are not convicted prisoners. A recent report shows that almost half of young adult prisoners aged 16 to 20 are on remand and we need an answer as to why so many young offenders are in custody awaiting trial.

A central theme of my work in the role will be to tackle violence against women in our society and that is why I particularly welcome the contribution of Ash Denham, who will be doing very serious work on that. Like everywhere in the world, violence against women and girls is widespread in Scotland and at least one in five women in Scotland will experience domestic abuse in her lifetime. On average, four rapes are reported per day, but the crime is chronically underreported. We have said many times in the Parliament that those figures mask the true extent of sexual violence.

I am also pleased to work with Rhoda Grant, who has done work on violence against women and who will close the debate for Labour.

If members need to be convinced of the importance of that work—after the high-profile cases of Sarah Everard, Libby Squire, Bibaa Henry, Nicole Smallman, the elderly lady Esther Brown, who was raped and killed in her flat in Woodlands in Glasgow last Tuesday, and many other women—they should listen to the eight-part podcast by Sam Poling on BBC Scotland, “Who Killed Emma?” Emma Caldwell was murdered 16 years ago and her body was found in woods near Roberton in South Lanarkshire. The podcast includes the testimony of the women who knew Emma and were working in Glasgow’s red light area, as it was known at the time, and who say that they were regularly assaulted and raped by men, but that complaints were not taken seriously.

I believe that any attack on any woman is unacceptable and that every woman should be treated as a human being. No one has been brought to justice for Emma’s killing. The case was reopened in 2015 but has stalled, despite a key suspect being named in a report to the Crown Office in 2018. The biggest manhunt in the history of Strathclyde police continues to be unsolved and the killer of Emma Caldwell remains free. That leaves Emma’s family still without justice and the lives of other women still threatened. I wonder whether the cabinet secretary would make a commitment that he and the next Lord Advocate will treat that as a priority.