Chamber and committees

For clarification, you talked about setting up the operating procedure. In the interim period, what would happen to a newly remanded or convicted transgender prisoner? Would they go to an establishment for prisoners of their birth gender?

In the lessons learned review, you said that

“newly convicted or remanded transgender prisoners will initially be placed in an establishment commensurate with their birth gender.”

Is there a timescale on that? Does the individual have to appeal to be moved to a different prison?

What I am trying to get at is whether the individual has the right to appeal against the decision on where to send them.

Would the person’s wishes be taken into account?

I agree with what you have said about data collection—that is crucial. I have no objection to our going back to Police Scotland; I simply the question the worth of that.

I definitely think that we should go back to the SPA to get an update on the review that it is doing. We should also ask about the point that is made in paragraph 16 of our paper, which is about why the SPF does not really have a voice at SPA meetings and why the SPA takes Police Scotland’s evidence as read. In other words, we should ask the SPA how robust it is being with its governance. I would like us to see whether we get anywhere with that.

I am not disagreeing with what has been said, because we do need to ask questions, to see whether the Government can shine any light on the issue. The second last paragraph says that the SCTS will

“make information available on their webpages”,

which will include costs and information on how to get transcripts. Although I think that that is a move forward, questions still need to be asked.

Good morning. For clarity, Ms Medhurst, how long has the Prison Service been managing transgender prisoners in Scotland?

I am pleased to speak in this important debate and thank Russell Finlay for bringing it to the chamber and for his articulate speech.

Victim Support Scotland’s victims awareness week is incredibly important and highlights the need to focus on people who need support after a traumatic event in their lives. It does not matter how seemingly trivial the crime is; the effect on the victim’s life and mental health can be enormous.

I have worked with Victim Support Scotland since being elected in 2016 and, as a member of the Criminal Justice Committee, I have the utmost respect for the work that it does. Financial and emotional support is available when people are at their most vulnerable—Russell Findlay mentioned the emergency relief fund, which I did not know about until recently; it is amazing. Practical solutions can be found to the most difficult situations in which victims find themselves and understanding, care and a listening ear are there when they are most needed.

The Scottish Government knows only too well the issues that victims face; admittedly, those have not been focused on enough over the years. The Government has provided £250,000 over three years to fund trauma specialists to help to develop a framework for training staff to create a more trauma-informed and trauma-responsive justice system. Last year, £48 million was awarded to more than 20 victims organisations through our new victim-centred approach fund as part of our commitment to put victims front and centre of the justice system. A total of £413,727 has been awarded to organisations since the Scottish Government launched the victim surcharge fund in 2019. There is also an independent review of the victim notification scheme, led by Alastair MacDonald, the former chair of Victim Support Scotland.

Violence against women and girls, including domestic abuse, is one of the most devastating and fundamental violations of human rights. It is vital that perpetrators are held to account and that women and children have access to front-line services that deal with violence and domestic abuse. Through the delivering equally safe fund, we are dedicating £11 million over two years to tackle domestic abuse and support people who are affected by it. The Domestic Abuse (Scotland) Act 2018 created a specific offence of domestic abuse that covers not only physical abuse but forms of psychological abuse as well as coercive and controlling behaviour.

A Scottish Government commitment close to my heart is the bairns’ hoose, which aims to help child victims and witnesses to recover emotionally and physically while gathering legally robust evidence. It is based on an alternative model that was first developed in Iceland in 1998 called barnahus. In the previous session of the Parliament, the Justice Committee, of which I was a member—I still am a member of the Criminal Justice Committee—visited Norway to see that amazing initiative for ourselves. We witnessed child protection, health, police investigation and judicial procedures, mental wellbeing and recovery support all being practised under one roof, with the ethos being one of professionals going to the child rather than the child reliving trauma in a justice system that is designed for adults. Therefore, I am delighted that we will make that approach available in Scotland by 2025.

I was shocked recently to discover that stalking and domestic abuse are not among the crimes listed as being eligible for the victim impact statement process, with such statements submitted to the court before sentencing. That makes no sense, as the devastating effect of those crimes surely needs no explanation. The list must be widened to include those crimes. I hope that the Minister for Community Safety will address that anomaly in her closing speech.

After the debate, I will convene the cross-party group on women, families and justice. Let us not forget that children and families are victims of crime, too, in every circumstance, and must always be supported.

I thank Victim Support Scotland and other organisations, including many volunteers, for the amazing work that they do to help people in their time of need.

I agree with all the points that have been made. I am really pleased about the multiyear funding for victims services.

I am also pleased that the modernisation of the prison estate and the new female prison will go ahead. Jamie Greene asks whether it is magic cash or new money. I do not know whether it is either of those but, to be honest, the fact that it will happen is the main thing, from my point of view.

I have a supplementary question. I understand what Jamie Greene is saying, but I think that he is overthinking it a wee bit.

We would need to see the Official Report, but what was said in the committee’s report could have been taken out of context, slightly. It is perfectly reasonable for the cabinet secretary to say that those are operational matters and that he would not take control of them. I think that that is what it is about, but I appreciate that Jamie would like more information about where the money will go. However, that is surely up to the chief constable.