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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 4 May 2021
  6. Current session: 13 May 2021 to 7 November 2025
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Displaying 1198 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

Fiscal fines have existed for many decades for less serious crimes and, as I have indicated, they are likely to be crimes that could perhaps be dealt with by the justice of the peace court. There are limits on the type and the nature of offences that would be subject to fiscal fines. They are not for any offence, but maybe officials can give you some further reassurance.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

I heard you raise that in earlier committee sessions. I am happy to write to you offline, but my understanding is that you lodged amendments at stage 2 and stage 3 but then did not move them. That related to an exchange that you had with Keith Brown, but I am happy to supply the information that I have been privy to on that.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

The draft order is an order in council made by His Majesty under powers in the International Organisations Act 1968. The nature of the reserved-devolved divide means that, where privileges and immunities relate to devolved matters in Scotland, the function of advising His Majesty on the order is devolved. A parallel order has been made and is in force in the rest of the United Kingdom and for non-devolved Scots law. This order confers no new privileges and immunities but simply expands the range of meetings where they apply in line with the 1959 Agreement on the Privileges and Immunities of the International Atomic Energy Agency.

To assist the committee, I will say a little more about the background to this order. In the 1959 agreement, the UK agreed to provide privileges and immunities to representatives of agency members attending

“any international conference, symposium, seminar or panel”

convened by the agency. That language was not entirely reflected in the subsequent International Atomic Energy Agency (Immunities and Privileges) Order 1974, which implemented the agreement obligations into UK domestic law. The discrepancy recently came to light during the development of the host country agreement requirement to hold the 2023 IAEA fusion for energy conference in London, as it is at odds with the agreement obligation. It was agreed with the Foreign, Commonwealth and Development Office that that should be remedied by each Administration to the extent that it has power to do so.

Separately, this order makes consequential amendments resulting from the parallel UK order. That is to restate the provisions of the 1974 order that are within the legislative competence of the Scottish Parliament and is an opportunity to clarify the definition of representatives of members so that it more fully reflects the wording of the 1959 agreement. Passing this order will correct an historical error and ensure that we are able to fully meet our international obligations.

As a good global citizen, it is the responsibility of the Scottish Government to bring the order to the Parliament for consideration and I commend it to the committee.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

There are a number of issues there. I acknowledge that, in the same way as households up and down the country are challenged because of the cost of living crisis, public services across the board are challenged on the back of a decade of austerity. I should point out the Scottish Government’s record of investing in justice and that we have continued to make year-on-year increases in investment—

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

I am focusing on fire, because it is a general point that is applicable to fire. The fire budget for this year increased by £14 million in comparison to the previous year, and the budget for this year was certainly in a better position than was the case at pre-budget scrutiny, so there is a very important role for pre-budget scrutiny.

We will, of course, continue to work with the FBU and the Scottish Fire and Rescue Service. Ministers continue to receive assurances from His Majesty’s Fire Service Inspectorate in Scotland and chief fire officers that we have a safe service. There are, of course, choices and challenges to address—no one disputes that for one moment—but we have continued to make year-on-year increased investment in fire services. Indeed, comparing the current budget to that for 2017-18, investment is £55 million higher. Of course people are entitled to argue for more. If we invest more in one area, there will be an issue for Parliament to identify where that comes from, bearing in mind that the Scottish Government as a whole has to operate within a financial envelope and that our abilities to raise revenue are somewhat limited.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

That is an important staff welfare issue. The Scottish Government is engaged on the issue with the FBU and the Scottish Fire and Rescue Service. There are operational procedures in place around decontamination, particularly for some of the more rural stations. It is important that, as a Government, we have contributed to research on the health impacts for firefighters and we are supportive of additional health screening.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

I dispute whether the service is underfunded. You are right to point out that people will always make a case for more—that is the function of pre-budget scrutiny. It is rare for any organisation to address all its capital needs within one year. When the Deputy First Minister publishes the budget, she will also publish multiyear indicative spend for resource and capital in the longer term. That does not replace the annual budget process but it allows people to plan ahead. Capital is extremely stretched. Capital funding has been maintained at £32 million for the Scottish Fire and Rescue Service, but there remains deep pressure on capital budgets.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

Indeed. I say this with the greatest respect to the many valued stakeholders who have come before the committee and given detailed evidence, in person and in writing, but when I add up all of their asks, I can see that I cannot meet them all. I am just being dead straight with the committee when I say that. That means that we will have to do things differently and leverage in incentives within the resources that we have to see where people can do things such as spend to save.

Our journey with public sector reform is not over. There will still be examples, whether in justice or across the public sector, of services being delivered in a way that might meet the needs of an institution or organisation but not of individuals. It is the perennial challenge of how we support people earlier on in their life’s journey to prevent problems further down the line.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

The ultimate assessment must always be whether we are getting better outcomes. In other words, is the number of crimes, fires and so on going down? How do we have services that reach people earlier? How do we have services that prevent, where appropriate, people going to prison? After all, that is in the interests not just of individuals, but of our communities and our country. We need to move the debate from quantum to quality and, also, to change, notwithstanding the undoubted difficulties with the financial envelope available to us.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

I dispute the phrase “asset stripped”. It is true and a matter of public record that the formation of Police Scotland into a national police service from eight legacy services has resulted in savings of £200 million a year, which of course is a resource that is available for other public services. That is a good example of public sector reform releasing savings. We can also take assurance from His Majesty’s Inspectorate of Constabulary in Scotland, which has time and again spoken of our outstanding operational policing services.

I have spoken at a fair amount of length about the challenges with capital. Police Scotland’s estates strategy has a very firm focus on the co-location of public services, not just because of the financial challenges that we all face but also in the interests of more collaborative working, which always seems like a sensible proposition to me. Police Scotland has probably instigated more than 60 co-location projects—there is one in my constituency. Reshaping the estate in light of capital challenges seems like a sensible thing to do, and can also lead to a better way of working.

On police officer numbers, we have 370 more officers than we did in 2007. Since the beginning of 2022, Police Scotland has recruited nearly 1,500 new recruits. We have 30 police officers per 10,000 of the population in comparison to 25 per 10,000 of the population south of the border. I contend that policing is secure and stable in terms of what it is achieving with regard to the investment and police numbers.