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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 13 April 2025
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Displaying 883 contributions

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Rural Affairs and Islands Committee

Subordinate Legislation

Meeting date: 9 October 2024

Elena Whitham

I thank the minister for coming along this morning.

I put on record the fact that everyone on this committee is a responsible committee member. Notwithstanding that, the fact is that 80 per cent of Scotland is a less favoured area, and I would have concerns about payments not being made, given the short timeframe that we are talking about. I would therefore echo some of the sentiments that have just been expressed by my colleague Emma Roddick. As we move forward, having a longer timeframe would be beneficial so that we can delve a little bit deeper into the issue. I just wanted to put that on the record.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 8 October 2024

Elena Whitham

Like my colleagues, I have some sympathy with the motions that Maggie Chapman has lodged. We all want a system that has fairness baked into it and that provides access across the board. As a former Women’s Aid worker, I have seen time and again the issues that women face in trying to access justice. We have heard from the minister about the fact that we have already dealt with some exemptions in that area, which were very welcome.

I take on board Ms Chapman’s comments about the fact that we do not have a level of detail about where the Scottish Courts and Tribunals Service would seek to make changes in relation to the difference of £4 million, but £4 million will make a difference if we do not proceed with the instruments that the minister has lodged. I sympathise with Ms Chapman’s points, but the committee has been clear about seeking more information in the future about how we deal with access to legal aid and justice. I hope that that information will come forward in future evidence sessions.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 8 October 2024

Elena Whitham

If we cannot pinpoint an average cost for that, is there a comparison that we can make with our neighbours in the rest of the United Kingdom? How do our fees compare with those in the rest of the UK?

Equalities, Human Rights and Civil Justice Committee

Human Rights (Scotland) Bill

Meeting date: 8 October 2024

Elena Whitham

My final question is on a point made by Professor Katie Boyle last week. Cabinet secretary, you have clearly set out our limitations with reference to the Supreme Court’s decision, and that could give rise to a Pandora’s box with lots of legislation that we have already passed being examined retrospectively.

Would you consider establishing a group of custodians on the bill’s development to date? That would transcend any changes that might happen after the upcoming Holyrood election, and it would provide some certainty for the people who have been working on the bill for such a long time that nothing will be lost.

11:15  

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 8 October 2024

Elena Whitham

Good morning. I have a few questions. Do you have any analysis of or statistics on what proportion of court fee income is paid for by banks, the insurance industry or similar large bodies, and what proportion is paid for by individuals? Do you have any such information?

Equalities, Human Rights and Civil Justice Committee

Interests

Meeting date: 8 October 2024

Elena Whitham

Good morning. I have no relevant interests to declare for this morning’s meeting.

Equalities, Human Rights and Civil Justice Committee

Human Rights (Scotland) Bill

Meeting date: 8 October 2024

Elena Whitham

Good morning, cabinet secretary, and thank you for coming along. In your opening remarks, you made it clear that you still intend to forge forward with the incorporation of international human rights treaties. If that is still a priority for the Government, could you please explain to us how you will prioritise that during this session of Parliament?

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 8 October 2024

Elena Whitham

Thank you for that answer. Do you know what the average cost to an individual of a court fee is?

Equalities, Human Rights and Civil Justice Committee

Human Rights (Scotland) Bill

Meeting date: 8 October 2024

Elena Whitham

Some of the witnesses at last week’s meeting argued that it is incoherent to delay the human rights bill, given that the Scottish Government’s clear priorities include ending child poverty and addressing the housing emergency. How would you respond to that view?

Equalities, Human Rights and Civil Justice Committee

Human Rights (Scotland) Bill

Meeting date: 8 October 2024

Elena Whitham

Finally from me at this point, we heard last week from Professor Alan Miller about his work with the national collaborative to represent individuals who are experiencing substance use issues. The collaborative has been working at pace the length and breadth of the country to develop a charter of rights for individuals who are seeking assistance in that regard, and that was to be incorporated into the human rights bill that was to be brought forward.

Last week, it was mentioned that the delay in the bill might give rise to an accountability gap. People have been working on the charter of rights without the accountability framework that goes along with it. How are we going to ensure that individuals will, without the right to achieve a high standard of physical and mental health, be able to get the support that they need from their local areas?