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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 4 April 2025
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Displaying 3153 contributions

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Citizen Participation and Public Petitions Committee [Draft]

New Petitions

Meeting date: 5 March 2025

Jackson Carlaw

Since you are keen to make hay with the petition, we will keep it open, if colleagues are content with that proposal. We will seek clarity from the Scottish Government on the timetable for the equine guidance, which is much anticipated, and we will then invite the petitioner to comment. Does the committee agree?

Members indicated agreement.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 5 March 2025

Jackson Carlaw

Thank you very much for that, Mr Ewing. I can see that you have mined the depths of the Official Report of the previous meeting to resurrect the commitment that I made on that occasion, which is very good of you.

Will we agree to keep the petition open until we see the regulations, which we believe are forthcoming, and perhaps just write to ask the Government whether it can give us an indication of when it thinks that that might happen?

Members indicated agreement.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 5 March 2025

Jackson Carlaw

Yes, we are running out of time in this parliamentary session, and we have quite a number of health-related petitions before us. Perhaps we could identify a basket of them for the cabinet secretary, with a view to taking evidence across a number of fronts in order to get to a satisfactory point on a number of petitions that remain open in this parliamentary session.

It might be sensible that that meeting takes place after the cabinet secretary has had an opportunity to consider what the response that we are seeking will be to this particular petition, but perhaps we could flag up the opportunity to have a broader discussion with the cabinet secretary about a number of open petitions.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 5 March 2025

Jackson Carlaw

I suspect that the session would be post summer recess, so we would expect to have the information by then. However, given that the Parliament will dissolve in a year’s time, it would also allow us to bring all the various health petitions before us. Given the rate that we are able to discuss petitions, that would ensure that we make progress on a number of them.

We will keep PE2071 open and, as has been suggested, write to the cabinet secretary, with a view to hearing evidence from him later in the year. Are colleagues content with the proposals?

Members indicated agreement.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 5 March 2025

Jackson Carlaw

Our next continued petition, PE2073, was lodged by Robert Macdonald and calls on the Scottish Parliament to urge the Scottish Government to require the police and court services to check that address information is up to date when issuing court summons and to allow those being summoned the chance to receive a summons if their address has changed, instead of proceeding to issue a warrant for arrest, as under the current system.

We last considered the petition at our meeting on 17 April, when we agreed to write to the Scottish Courts and Tribunals Service and Police Scotland. As noted in our papers, Police Scotland declined to provide a formal response on this occasion, indicating that the SCTS held the information that we were requesting.

The SCTS response notes that, in cases in which the accused has been released on bail, the onus is on that individual or their legal representative to ensure that the personal information that the court has is current. An application must be submitted to the court if the accused intends to change their address. Where the accused fails to appear at a pre-conviction hearing, having been lawfully cited, the Crown Office and Procurator Fiscal Service may apply to the court for a warrant for the apprehension of the accused. It is then a matter for the court to consider whether such warrants should be granted based on the information provided by the COPFS.

The SCTS publishes an annual overview of the number, type and stage of warrants that have been issued by the courts. Indeed, an extract of the latest report is included in our papers.

In view of that direction, do members have any comments or suggestions as to how we might proceed?

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 5 March 2025

Jackson Carlaw

Agenda item 1 is consideration of continued petitions. The first of those is PE1964—committee colleagues might recall our discussing it at some length—which was lodged by Accountability Scotland and calls on the Scottish Parliament to urge the Scottish Government to create an independent review of the Scottish Public Services Ombudsman in order to investigate complaints made against the SPSO, assess the quality of its work and decisions, and establish whether the current legislation governing the SPSO is fit for purpose.

We last considered the petition at our meeting on 15 May 2024—it does not feel like it was as long ago as that, as I can remember the conversation quite vividly—when we agreed to write to the Scottish Government and the Scottish Parliament Finance and Public Administration Committee.

The Scottish Government has reiterated its view that an independent review of the SPSO, including a review of the Scottish Public Services Ombudsman Act 2002, is not required—colleagues might recall that that is all in relation to the fact that it has been in existence for 20 years and no review has ever actually taken place. The submission highlights the evolution of the SPSO’s functions and scope since its inception, stating that its powers and responsibilities have not remained static. The Scottish Government also highlights the existing accountability and scrutiny functions. The submission reiterates that the Scottish Government does not have the available resources or capacity to initiate and take forward an independent review due to existing commitments and competing legislative priorities.

The petitioner’s written submission of February last year called for Accountability Scotland to present oral evidence on what an independent review should consist of. Since then, the Local Government, Housing and Planning Committee has held a call for views on the Scottish Public Services Ombudsman and has taken oral evidence from Accountability Scotland, alongside other stakeholders, so that opportunity has been afforded. It also took evidence from the SPSO. In her evidence to the committee, the ombudsman shared options for how an independent external review could operate. She said that, although a review would be attractive, there would be costs involved and stated the importance of defining the remit of and outcomes from any such review.

The Local Government, Housing and Planning Committee has subsequently written to the ombudsman to share its observations. That correspondence raised a number of points, including a lack of available performance data, levels of customer satisfaction and neutrality in external evaluation. It also highlighted the SPSO’s suggestion that it might be time to reflect on the way that the Scottish public scrutinises the SPSO and proposed that the Finance and Public Administration Committee could have a larger role in scrutinising the accountable officer. Since the petition was last considered, the SPCB Supported Bodies Landscape Review Committee was established. It also took evidence from the SPSO in February this year. Its role is to review and develop a framework for Scottish Parliamentary Corporate Body supported bodies, and it is expected to sit until 30 September this year.

Do colleagues have any comments?

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Jackson Carlaw

Our second item is consideration of continued petitions. The first of those is PE2006, which was lodged by Ewan Miller and calls on the Scottish Parliament to urge the Scottish Government to amend the Property Factors (Scotland) Act 2011 to cover dismissal of property factors or to lay other regulations that would achieve the same aim. That could include giving the First-tier Tribunal for Scotland housing and property chamber powers to resolve disputes related to the dismissal of property factors.

We last considered the petition on 13 November 2024. At that point, given all the different bits of evidence that we had received, we felt that, in order to understand matters better, including the position of the Scottish Government, we would invite the Minister for Victims and Community Safety to give evidence. I am absolutely delighted that the minister, Siobhian Brown, is with us this morning, together with a number of Government officials. Rather than my doing so, I wonder whether the minister would like to introduce the officials to us and tell us what they do.

Citizen Participation and Public Petitions Committee [Draft]

Continued Petitions

Meeting date: 19 February 2025

Jackson Carlaw

Has the subsequent meeting that you mentioned taken place? Am I correct in picking up that it has?

Citizen Participation and Public Petitions Committee [Draft]

New Petitions

Meeting date: 19 February 2025

Jackson Carlaw

Is there a proposal in all this?

Citizen Participation and Public Petitions Committee [Draft]

New Petitions

Meeting date: 19 February 2025

Jackson Carlaw

She is coming to the committee to address a tapestry of transport issues.