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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 15 March 2026
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Displaying 1423 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

I am grateful. I have a couple of questions, after which I will open up the questioning to colleagues.

As you have just detailed, minister, the instrument would add section 38(1) offences to the fixed-penalty notice scheme. That would create an overlap with the common-law offence of breach of the peace, which is already part of the FPN regime. Given that overlap, what evidence can you adduce that adding section 38 offences is the right thing to do? How will that overlap be dealt with in practice?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

Section 38 does something that breach of the peace currently does, but breach of the peace is currently part of the fixed-penalty notice regime. By adding in the section 38(1) offence to the regime, you would have two legislative processes, in effect—although dealing with breach of the peace at common law would not involve applying legislation—that amount to the same thing. You would have two tracks running, would you not, for the same end?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

I have a further question, but I will bring in Sharon Dowey now to ensure that all colleagues get appropriate time.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Liam Kerr

As no other members have any questions, I want to clarify something, minister. In response to my second question at the start of the meeting, you told me—I am paraphrasing what I think that I heard—that raising the fine from £40 to £70 is not about providing a deterrent. However, the Scottish Government’s policy note on the SSI states in bullet point 3 that

“without revalorisation it no longer provides the proportionate deterrent originally envisaged by Parliament.”

That suggests that the raise is about providing a deterrent. Will you clarify that?

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

I will bring in Fulton MacGregor.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

I am very grateful to you both. As colleagues have no further questions, that concludes your evidence for this morning. Thank you for your time.

11:01

Meeting suspended.

11:08

On resuming—

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

Welcome back. I reiterate my thanks to the first panel. I say to colleagues that we might wish to write to witnesses about points after this morning’s meeting, but we can discuss that later.

I welcome David Threadgold, who is chair of the Scottish Police Federation. We have about 45 minutes for this evidence session. David, I invite you to make a short opening statement.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

You talked about operational capacity and public expectations and then, at the end of your answer, you talked about the current model of policing in Scotland. Section 32 of the Police and Fire Reform (Scotland) Act 2012 says:

“the main purpose of policing is to improve … safety and well-being”.

Is that reference to wellbeing an issue? Does it materially impact on how the police carry out their functions? If so, what should be done?

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

I understand.

Pauline McNeill would like a quick extra question.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Liam Kerr

I am very grateful.

We will have a short suspension to allow for a changeover of witnesses.

11:48

Meeting suspended.

11:51

On resuming—