The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 808 contributions
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
No, not necessarily. The training could be mandatory and there could be provision in the bill for that.
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
When the member was looking at that section of the bill, did he consider any other forms of disposal or options for the courts besides prison sentences and fines? After all, a range of other non-custodial disposals, such as community orders and probation, might be available. Has the member given any thought to that? What are his views on expanding the range of available disposals?
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
The amendments in my name address two sets of issues, and both would enhance the parliamentary scrutiny required for any secondary legislation for a licensing scheme. Amendment 47, and the related amendments, would change the process from a negative process to an affirmative process, similar to that outlined by Jamie Greene in relation to amendment 58 and the other amendments in his name.
However, my primary amendment—amendment 53—goes further, in that it would make provision for a more detailed pre-laying procedure, which would require the Government to lay draft regulations before the Parliament. The Scottish Government would also be required, before finalising regulations, to seek the view of the Parliament’s justice committee on the terms of the regulations. I believe that that is appropriate given the level of interest and the work that the committee has already been involved in. It is also appropriate given the concerns that we raised in our report.
Amendment 53 would offer the possibility of enhanced parliamentary scrutiny of any regulations. The minister has already spoken about some of the issues in relation to consultation. Amendment 53 is more focused on parliamentary scrutiny of regulations rather than a consultation process with outside bodies, although I support Jamie Greene’s proposal in relation to consultation and welcome the minister’s comments on enhanced consultation on those issues.
The principle of the amendments in my name is that the committee should have a meaningful role in the scrutiny of the regulations, with sufficient time to seek its own views or to take evidence should it wish to do so. Amendment 53 says that the regulations should be laid
“before the Parliament for a period of 120 days, of which no fewer than 60 days must be days which the Parliament is not dissolved or in recess”.
I would be quite happy to consider other timescales if that is problematic.
The principle is not to set the number of days—that is a matter of practicality—but to give the committee the opportunity to undertake effective parliamentary scrutiny. I have lodged my amendments so that we can consider how we ensure that any regulations that are introduced are robust and workable, and do not lead to the kind of problems that the committee has spent weeks hearing evidence about and considering.
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
The idea is that the Government would have to come back with specific proposals in primary legislation, given all the concerns. It is not a principled objection to the licensing scheme.
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
Amendment 68 is an important amendment. I hope that it will draw out many of the issues that the committee has grappled with over a number of weeks. It has never been clear exactly what the definition of public events will be, and it is not clear whether groups such as community groups will be included in that definition or whether they will be required to obtain a licence in the same way as individuals. That could have massive ramifications. If community groups and charities are considered to be in the group that will require a licence, there will be financial consequences as well as consequences with regard to the restrictions that will be placed on them about the use of fireworks and when they may organise displays.
Amendment 68 provides an opportunity for us to hear more from the minister on the thinking about how the licensing scheme will operate. I am concerned that community groups will have unreasonable financial pressures put on them if they are covered by the licensing scheme, whereas professional organisations will not face the same requirements and will not have to pay for a licence. We do not know what the cost of a licence will be, but we have been told that it will probably be between £20 and £50.
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
Given the discussion that has taken place, is Jamie Greene’s understanding that the effect of the bill will be to push community groups down the path of using professional bodies? That is perhaps the direction of travel that we are going in. On the basis of the bill, those bodies can operate all year round. Does Jamie Greene think that that is probably where we are going?
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
I am worried about the onerous nature of the licensing scheme and, therefore, have concerns about restricting the period to two years, given the additional cost. I wonder whether there is another way of dealing with the matter. For example, if somebody is convicted of a fireworks offence—or, indeed, another offence—there could be an obligation on them to contact the relevant authorities. I put that into the debate for consideration.
Criminal Justice Committee
Meeting date: 25 May 2022
Katy Clark
I echo the points that have been made in all the contributions so far, including the concern about the lack of prosecutions under existing legislation and, indeed, the further concern that that may mean that there would not be effective use of this legislation if it were passed, although it would result in law-abiding citizens having to go to a great deal of extra trouble and expense to adhere to the licensing system.
I do not envisage that the amendment would delay implementation of the bill. It is about providing the whole country and, in particular, the Parliament and the committee with information that should already have been shared. We need to understand why there has been a failure to investigate and prosecute under existing legislation.
In the chamber, the minister referred to reasons why it might be difficult to prosecute under existing legislation. I got the impression that those might be technical difficulties to do with preparing cases and meeting the evidence standard. I am not clear about that and it would be useful if the minister or the Government could provide information about why there may be difficulties. With other types of case—for example, rape cases—we would have looked in detail at that issue to understand why prosecutions are taken or not taken and why the evidential base might or might not exist.
It would be useful to understand why the Crown Office has not taken prosecutions. Is it because resources or priority have not been given to such cases or are there other reasons? That is exactly what would be highlighted in a review, so I do not envisage that the amendment would delay the bill’s implementation. However, we need that information and putting a review into the bill is an effective way to ensure that it is built into the Parliament’s and the Government’s work. For that reason, I support Jamie Greene’s proposals.
Criminal Justice Committee
Meeting date: 18 May 2022
Katy Clark
Miles, are you able to talk about how big a factor organised crime is?
Criminal Justice Committee
Meeting date: 18 May 2022
Katy Clark
I was going to ask about organised crime—perhaps we will come on to that later. First, though, I would be interested to hear from those involved in this area how they think perpetrators are created. We have heard that there are a lot of parallels between perpetrators and those who have experienced violence, and there has been a lot of work on violence. We know that experiencing poverty, trauma and violence leads people to be more violent when they grow older. Are there any themes in relation to why people become perpetrators? Is it because they have been victims themselves? That might be one factor, but there might be others. We need to be able to understand those in order to frame a co-ordinated strategy.
Do any of the witnesses who have direct experience have any evidence that might be of use to the committee on that? Perhaps it would be best to start with Stuart Allardyce.