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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 11 May 2025
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Displaying 1112 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Liam Kerr

I am absolutely comfortable with the SSI. However, the committee has heard from the Scottish Solicitors Bar Association, the SCTS and the Law Society of Scotland that the courts will not be ready to return to pre-pandemic time limits. Does the Scottish Government accept that? If so, cabinet secretary, how will you support the return to those time limits? Do you think that the courts will be ready by November?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Liam Kerr

Thank you.

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

I understand. Thank you.

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

I have a quick question for Helena Farrand Carrapico. Your presentation said that we need to

“Develop the necessary technical capabilities with a view to sharing vehicle registration data”

with the EU. That is on slide 5. It went on to state that we need to

“Negotiate access to the ECRIS-TCN system”.

How challenging would it be to develop those technical capabilities, and would it be challenging and/or costly to negotiate access to that system?

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

That would be fascinating to read.

I put a related point to Gemma Davies. Your report refers to human rights issues. Page 36 indicates that

“For outgoing extradition requests ... The Extradition Act 2003 includes an additional ground for challenging extradition: the possibility of contesting the Scottish Ministers’ decision ... on the basis that it is incompatible with the European Convention on Human Rights (ECHR). This provision, unique to Scotland, does not exist in England and Wales.”

The report goes on to say that the provision adds complexity. Will you help the committee to understand whether it bites? If so, what do you recommend that the committee does? Do we note it but keep it as best practice, or are you recommending that we align with England and Wales on that?

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

Do not worry.

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

I will press you on that, because the committee aims to help the Scottish Government do its job. Bullet point 3 on page 8 of your report specifically suggests that we should write to the Cabinet Secretary for Justice and Home Affairs and the Lord Advocate to highlight that

“poor prison conditions in Scotland have led to requests for assurances”.

I am trying to understand what specific prison conditions were raised in the three occasions in which requests were made.

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

Good morning to you both, and thank you for your presentation. I will put my question to Professor Davies, because it is about something that you spoke to in your presentation. Bullet point 3 on page 8 of your report says that

“poor prison conditions in Scotland have led to requests for assurances in extradition/surrender cases. This is causing delay in Scotland receiving wanted persons from overseas and increases the risk that extradition is refused.”

The detail of that is at page 36, where you go on to mention

“the increased frequency of challenges related to prison conditions.”

That will be hugely concerning for the committee to read, because I think that you are suggesting that conditions in Scottish prisons are raising human rights issues and challenges to extradition. Will you tell the committee more about exactly what you are getting at? What are the specific issues? How big a problem is it, and what does the Scottish Government need to do, and by when, to address it?

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

I would be grateful for that—thank you.

Criminal Justice Committee [Draft]

Law Enforcement and Judicial Co-operation (European Union)

Meeting date: 30 April 2025

Liam Kerr

That is perfectly fair. It is really so that the committee can say to the Scottish Government, “Listen, this is what the experts are saying that you need to address.”