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Seòmar agus comataidhean

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 25 March 2026
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Displaying 1416 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

I am still looking for an answer. The information that was given to you was obtained by officials in meetings. You have taken it as fact. Despite having the Crown Office and Procurator Fiscal Service, Police Scotland, the British Transport Police, economists and Government officials look at the matter, you have presented the committee with incorrect information, and you want us to change the legislation. When we come to committee, we expect the information that we are given to be factually accurate. Will an investigation be carried out into how we were given incorrect information to present to Parliament?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

On the basis that they had not been used for two years.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

Not that we are aware of. I hope that there will be no more similar instances.

On 18 February, we were told that Police Scotland did not want the offence of being drunk in charge of a child to be removed from the ASB FPN regime. Why did you proceed with the process of taking it out of that regime?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

The minister told the committee:

“When we engaged with the police on the instrument, it was not an issue that they raised, but they wanted that offence kept on the list.”—[Official Report, Criminal Justice Committee, 18 February 2026; c 7.]

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

I will support the SSI, but I should probably return to a point that I raised previously. At our 18 February meeting, I mentioned the possible impacts of raising the fine level. Although I agree with doing so, we must monitor non-payments. The figures that were sent to us show that there were 2,903 non-payments in the previous three years. If we take off the 501 non‑payments that relate to the coronavirus pandemic, that still leaves us with 2,402 non-payments, which shows an increasing trend of fines not being paid. With that increase in mind, I want to ensure that the Government monitors unpaid fines to identify whether the measures have an impact.

I reiterate that, when we come to committee, we rely on the fact that the information that we are given is correct before we recommend that SSIs be approved. I hope that officials reflect on that and ensure that the information that they are passing to Government ministers is correct, so that we are not putting things into legislation that we should not be.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

Good morning, minister, and thank you for the opening statement.

You were previously before us on 18 February. As you said, some of the figures in the SSI were incorrect. How, then, did it come to the committee in that form? It had already been considered by the Delegated Powers and Law Reform Committee before coming to us. Our committee asked its questions; we took what we heard on trust and recommended that the SSI be approved. The next step was for it to go before Parliament for agreement, after which it would have become legislation. Who prepared the SSI, and why were the figures not verified before it went to the DPLR Committee and then to ours?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

The increase in the fine was not an issue at committee last week—I think that we all agreed on that. Similarly, adding in the extra offence was not an issue, either. However, there was concern about the process around removing two offences.

Robert Wyllie said that there was engagement with the Crown Office and Procurator Fiscal Service and Police Scotland, and I think that he mentioned that there was also engagement with economists and the British Transport Police as well. Who was it that asked for the offences to be removed? Again, there were only two years in which the FPNs had not been used, which, in relation to legislation, is quite a short period: we often pass legislation in here that does not even get implemented within two years. Who decided that we were going to remove the offences, and why did nobody question it? You said that “we perceived” that the offences did not need to be included, but who was “we”? You said that you reached out to various people. Did you have any in-person meetings, or did you just send emails?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

You told us that Police Scotland did not want the offence of being drunk in charge of a child to be removed from the ASB FPN regime—that is in the Official Report of our meeting on 18 February—so why did you proceed with removing it from that regime through the SSI?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 March 2026

Sharon Dowey

Quite a number of cases involving that offence went to court—I saw that in the updated figures.

Criminal Justice Committee [Draft]

Criminal Justice System (Challenges for Session 7)

Meeting date: 11 March 2026

Sharon Dowey

Craig Naylor, in your submission, you said that new legislation continues to be a challenge for the police due to the financial and operational impact of introducing new processes. We have passed a lot of legislation in this session. Which recent legislative changes will continue to place the most pressure on the police?