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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 30 December 2025
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Displaying 4938 contributions

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Criminal Justice Committee

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

Meeting date: 17 January 2024

John Swinney

Thank you for that. That opens up two issues that I would like to explore. The first is the issue that you and Hannah McLaughlan have aired about what trauma-informed practice looks like in reality in the court setting. I would like you to explain, from your experience, your expectations for the future if trauma-informed practice is to be a requirement in court proceedings. Where do you believe the greatest amount of movement is needed in that respect to ensure that, in the future, victims will be in a trauma-informed environment?

Criminal Justice Committee

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

Meeting date: 17 January 2024

John Swinney

Good morning and thank you for being here today. I want to follow up on one of your comments, Ellie. You described the court environment as intimidating. Would you describe it as respectful to you?

Criminal Justice Committee

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

Meeting date: 17 January 2024

John Swinney

That is perhaps the key point. We all accept that none of that is pleasant, but I put the same point to you as I put to the previous panel: did you feel respected during the process?

Criminal Justice Committee

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

Meeting date: 17 January 2024

John Swinney

From your respective perspectives, tell me a little about what, in your case, Sarah, was good about that engagement and what in yours, Hannah, was deficient.

Criminal Justice Committee

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

Meeting date: 17 January 2024

John Swinney

Did any elements of your experience with the system work well or effectively, Hannah, at any stage of the process?

Criminal Justice Committee

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

Meeting date: 17 January 2024

John Swinney

Forgive me for interrupting, but the bill says that the role of the commissioner is to “monitor compliance” with standards, “promote best practice” in relation to trauma-informed practice and “undertake and commission research”. The commissioner will not, under the existing proposal, have the power to put his or her foot down and say, “This is not acceptable.” That power is somewhere else, but over there, everyone is kicking off and saying, “Oh my goodness, we have far too much interference in this wholly ineffective system of legal services regulation that we have in Scotland.”

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Are there any limitations on the sources of information for that process that the Scottish Prison Service pursues to ensure that it has the broadest possible perspective on the history of an individual and the risk that they might pose to any other prisoner or member of staff in the Scottish Prison Service?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

I would like to follow up on the point that Russell Findlay has been raising with Teresa Medhurst in relation to the discretion that is provided for governors to opt for a search to be undertaken by an officer of the individual’s original gender. I wonder whether Teresa Medhurst could put on the record the approach that she envisages that a governor would take in fulfilling the statutory obligation in the instruments that the committee is considering this afternoon, particularly in the scenario that Mr Findlay put, where an officer has concerns about what they are being asked to do.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Would you say that what is in front of the committee today is a strengthening of the obligation on governors to ensure that the perspectives and concerns of members of staff are addressed to a greater extent, with greater obligation, than was the case before?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Thank you for that. Would you accept that the instrument on the prison rules that the committee is looking at this afternoon places an obligation on the governor to ensure that, in their institution, there is an appropriate opportunity for a member of staff to raise their concerns and have them properly and fully addressed? Would you accept that that is required of the governor as a consequence of them being allocated the discretionary power in question?

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