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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 22 December 2024
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Displaying 835 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

That is why we have to ensure that the bill will deliver on, and will be implemented in accordance with, its aspirations. The devil is always in the detail—it is always about what happens on the ground.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

It actually takes them further. It is much more comprehensive.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

You must forgive me, Mr Findlay; I am trying to operationalise in my head how that would work in practice.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

Yes, that is the recurring cost.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

That touches on the point that the commissioner will not have the power to intervene on individual cases. They can, of course, signpost and engage with victims and witnesses, either individually or collectively. The purpose of a commissioner is to hold the justice system collectively to account. We would expect them to work very closely and carefully with other commissioners where we do not want duplication—around children would be the obvious example. The commissioner’s role is to identify and influence system-wide change. It is more about holding the system to account, therefore avoiding duplication with the roles that other organisations fulfil.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

Ms Mackay is right to say that the purpose of part 3 of the bill is to increase the safeguards for vulnerable parties and witnesses in civil cases, extending the use of special measures and, in essence, protecting people who have suffered abuse from being cross-examined by the accused abuser. That speaks to all the evidence that we have heard, over a number of years, that people often feel less protected in the civil system—in particular, in family cases and other civil procedures when domestic violence can be a feature. The extension of the special measures in the bill is an important and significant step forward. It moves on from other comparatively recent legislation, in which special measures were enabled for a specific selection of family cases, and applies best practice across the civil system.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 27 September 2023

Angela Constance

The Government has been engaging with stakeholders on that issue since around 2019. In the consultation responses, there was broad support for a victims and witnesses commissioner. Clearly, there is a demand for it from victims and victims organisations, although I hasten to add that we would not expect a unanimity of views. The purpose of that provision is to establish an independent statutory commissioner who would be accountable to the Parliament and whose role would complement, rather than duplicate, that of victims organisations, for example.

You mentioned the issue of funding. Currently, we invest heavily in victims organisations. We have allocated £48 million to the victim-centred approach fund and £19 million to the equally safe fund. The cost of establishing a victims and witnesses commissioner is laid out in the bill’s financial memorandum. No financial cost is insignificant, but the costs associated with that proposal are far less substantial than the amount that we are currently investing and will continue to invest in victims organisations.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

What I can say, if it is helpful, convener, is that we understand that there are no live cases.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

I do not know. I would have to go and check that information. If Mr Findlay wants a bit of an overview of how the bill will impact on issues such as prisoners and prisoner transfer, I could ask Ms McKinlay to provide that.

Criminal Justice Committee

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Meeting date: 21 June 2023

Angela Constance

It is a Government decision, and the Lord Advocate is a minister of the Government.