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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2941 contributions
Criminal Justice Committee
Meeting date: 15 May 2024
Audrey Nicoll
That is an interesting response, which speaks to or is relevant to the potential for your role and the resource requirement around that to expand. The finance committee will look at the issue of models of commissioners.
I will go back to a question on the bill before I bring Sharon Dowey back in, if she still wants to ask a follow-up question.
In evidence, a lived experience witness spoke about the “weaponisation” of the system against those who are making complaints—perhaps through intimidation or obstruction. Is that something that you recognise? Is that a fair characterisation? That was commentary in evidence to us from a person who had been the subject of an investigation.
Criminal Justice Committee
Meeting date: 15 May 2024
Audrey Nicoll
Forgive me, cabinet secretary, but may I put you on hold for a second? There is a slight procedural query that I am going to clarify.
I think that we have slightly jumped ahead. We will let you get to the correct part.
Criminal Justice Committee
Meeting date: 15 May 2024
Audrey Nicoll
I will come in quickly before Russell Findlay asks his final question. On access to police information, we spoke with the PIRC about access to Police Scotland’s Centurion system. I take it that you have no access to that.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
That piece of work would be timeous and worth while. The preparation period before coming to the committee today has been quite enjoyable for me, as I have been able to examine the landscape around commissioners. It is not a pick-and-mix situation, but a number of models came out in some of the evidence that you took. The landscape of commissioners has emerged organically. Perhaps we are at the point at which, in the spirit of efficiency and transparency, a fairly robust, overarching review is entirely appropriate.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
I can speak only for the Criminal Justice Committee. A significant aspect of the scrutiny work that we do—that is, the work that does not involve the scrutiny of a bill—ultimately circles back to the experiences of victims and witnesses. An obvious example is the work that we do on violence against women and girls. However, we are currently considering the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill, and you could argue that that bill is seeking to put in place arrangements to improve the experience of individuals who encounter Police Scotland officers and find themselves in a position where either they have made a complaint about a policing matter or a misconduct investigation is being carried out. You could argue that, ultimately, that circles back to the experience of victims and witnesses, too.
I would say that a broad range of work is already taking place, but, in the context of my committee, much of our work lands in the space of improving the experience of victims and witnesses.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
Yes. I think that we set out in our report that one option would be undertaking a piece of work to evaluate the effectiveness of the commissioner over the period of the existence of the post. Obviously, that would need to be set against criteria that the Parliament considers are appropriate to measure what we are looking for the commissioner to undertake and to achieve. The success of that work could then be measured.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
That is a really important point to raise. I am aware that Dr Plastow commented on his engagement with my committee. Without making excuses, I point out that the issue is the capacity of our committee. As you have acknowledged, we are a legislation-heavy committee.
We will be speaking to the Scottish Biometrics Commissioner later in the year, and I regularly follow his work, because it is of real public interest. I am aware of the compliance reports that he has submitted. Would I like the situation to be different? Absolutely, but the challenges of our workload make things difficult. That just reflects where we are with parliamentary work.
I will make one point in relation to the Criminal Justice Committee’s potential follow-up scrutiny of the role of a victims and witnesses commissioner. Perhaps there is a case for other committees having a role in scrutinising the work of that commissioner, given the cross-cutting and overlapping issues that they might be engaged with.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
That is a big question in the criminal justice space. If I can go into committee mode for a moment, what came up in the evidence that we took across the bill—as you know, the bill is about improving the experience of victims and witnesses, which at the moment is not good enough—was that it is extremely difficult to effect positive change across that whole system. Take, for example, the proposals around trauma-informed practice. Lots of good work is going on now and we know that agencies are embedding that, but we are still not there yet.
The question that I would put back to you is, how, across separate agencies, do you effect a whole-system approach? You can do that in ways that do not cost money and do not involve passing new legislation or creating a victims and witnesses commissioner. An example might be post-legislative scrutiny, which might be an option if that process within the Parliament could be effected more frequently and more effectively.
We know that hard choices have to be made in relation to the public purse. Again, I suppose it comes back to taking provision from one area to enhance the provision in another area. In the criminal justice space, that is incredibly difficult.
I am not sure that I have given you a concrete answer, because it is such a huge question, but those are a couple of points that come to my mind that my committee would agree with.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
That view was articulated not just by the now First Minister but by other witnesses, who questioned the extent to which the commissioner could influence change and would be able to require change. We heard that view fairly broadly during our evidence taking on the proposals for a commissioner.
Finance and Public Administration Committee
Meeting date: 14 May 2024
Audrey Nicoll
I think that this is reflected in the Government’s response, but the proposal is that any review of the effectiveness of the commissioner’s role would come back to the Parliament.