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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 28 October 2024
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Displaying 995 contributions

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Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

No, my question is on something else.

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

That was a really helpful answer.

I have a very quick question, the answer to which will, I hope, be short. You will have heard—I think that you agree, although you can correct me if not—that fixing the early plea aspect of the fees structure might be helpful. Could you put your views on that on the record? Until we find alternatives and discuss and agree on some of what you have mentioned, should there be, in the short term, an immediate uplift in fees, in addition to what has happened, in order to ensure that we continue to provide an adequate service overall for people who seek to be defended in the criminal justice system?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

Good morning. I want to follow up on the question that the convener put to you on the issue of cybercrime, which, according to the figures, has doubled in the past few years, so it is quite a significant issue for policing.

You said to the convener that you are considering the recruitment of civilian officers. Whose decision is that? The idea of recruiting more civilians is one that I have heard before. Opinion is divided on where the line should be when it comes to having people other than police officers do the job. Is that a decision for the SPA to make or is it one for Police Scotland? Can you say anything about which jobs would be civilianised?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

This question is probably about the capital budget, but the witnesses can tell me if that is right. It is perhaps for Mr Brown—but, again, you can tell me.

The Scottish Police Federation gave evidence about the co-location of police services. Its concern is about the condition of the police estate, and I am sure that it is a fair concern. It is saying that in such cases, Police Scotland has been

“the tenant and not the landlord”

and that there would be increased revenue pressure in the long run if there was more co-location of services. The SPF says:

“This tends to suggest that desperation, rather than suitability is the key driver.”

Is it a principle of the SPA or Police Scotland to seek co-location, or is it a measure of last resort? Obviously, there is an immediate pressure, but, looking to the future, I would not have thought that it would be ideal to co-locate when you are sharing a building with completely different services. That is my concern—I have been controversial in the past, I have to say.

11:15  

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

My question is on a different subject. Is that okay?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

Thank you. When I first read about that, I did not like to think that there was any reason for the restriction of newspapers and reading materials, particularly for prisoners who are detained.

As I understand it, there are no time limits, although there are caveats to that. Are you certain that that complies with human rights law?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

I am interested in the impact on the quality of justice, given what we have just heard. I would also like to hear from Colin Lancaster about the system and early pleas.

I will start with Ian Moir. We have heard about the number of practitioners who are leaving the profession, and you have outlined the issues around competing with recruitment to other places such as the Government, and the gap in pay. You also talked about the work-life balance of criminal legal aid solicitors. Can you say a bit more about that? Is it the primary reason why we are losing solicitors from legal aid defence?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

That is an important point, which I want to come on to. I want to bring in Tony Lenehan on that. The SSBA submission mentions the recent boycott and the #gownsdown campaign. We also heard from Ian Moir about the importance of lawyers’ experience.

Perhaps Tony Lenehan can say whether he thinks that the ability to choose a solicitor, and to have a solicitor with experience, is important for the quality of justice. I note that progress has been made, but do you have concerns about the quality of justice if we do not find a solution to the current issues in the short term?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

Good morning, cabinet secretary. I reiterate what Collette Stevenson said about all of us being concerned about prisoners’ conditions and rights. Tom Fox also acknowledged that, so we are all coming from the same place.

I acknowledge the cabinet secretary’s detailed answer to the committee, which was very helpful, as was the response to the consultation. I am sure that the cabinet secretary acknowledges that, at the end of the day, whatever the rights and wrongs of the processes, the committee has a decision to make. I am sure that everyone acknowledges that we are decision makers when it comes to SSIs. I might agree with Fulton MacGregor that we should agree to the instrument. I might be minded to lend it my support, but with all the reservations that other members have given about not having the appropriate time to consider it. That is my line of thought.

Am I right in saying that the Government seeks to extend a range of powers that relate to purposeful activity, suspension of visits and detention of prisoners in cells, albeit with all the rules around health professionals and human rights?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

That was really helpful. I certainly acknowledge that the powers might well be needed, but the cabinet secretary should appreciate that we are interested in where the safeguards are. If I am to agree to the instrument today, I need to be satisfied that safeguards exist. Moreover, going back to a comment that you made to Jamie Greene, I am uncomfortable with extending the powers to next March, and the length of time that you are asking for might be reason enough for me to vote against the proposal. I accept a lot of what you have said, and you have told Jamie Greene that you would be prepared to bring the issue back to us before then, but if I am to support the instrument, I need to have that absolutely confirmed. I cannot vote to extend for six months what are quite wide-ranging powers, even with all the safeguards and caveats in place, without the matter being brought back to the committee before next March.