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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 12 January 2025
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Displaying 801 contributions

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Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

Thank you. You have made a compelling case about how you and the review group came to your decision.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

I am not really asking you to develop the policy. You have been clear that you have issues with the proposals as they are set out, and I was asking whether you had any thoughts or suggestions as to how they could be rectified and how the policy might work better in practice. However, I accept your point that this will take further discussions.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

My questioning so far, and in the earlier evidence session, has focused on independent legal representation in relation to the rape shield provisions—as Lady Dorrian said, she recommended ILR for that purpose only. What are your thoughts on independent legal representation being provided for complainers in a wider context, perhaps when they first make a complaint?

We have heard a lot of evidence—I am sure that you have heard it as well—that when somebody makes a complaint to the police in these situations, that is it for them until they are next contacted by the criminal justice system. Is there a role for the provision of independent legal advice at an earlier stage, so that somebody could go through with people making a complaint how things might pan out?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

That was my next question. It sounds like you are supportive of the principle but, like the Lord Advocate, you perhaps have concerns over how the arrangements might work in practice.

My next question, then, is: how do we make the process work more easily? What is the answer? It may not be so simple, but you are saying that you would be happy to work with the Scottish Government. At this stage of scrutiny of the bill, it would be helpful for us to understand how things could work.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

Personally, I think that independent legal representation is a really good idea. I welcome the proposals on that in your report and in the bill.

Going back to what Russell Findlay said, if it is not workable for whatever reason, is there another way to deal with defence lawyers bringing up the issue of character and sexual history as part of their defence? Did the group look at any other way that that could be addressed?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

To go back to your submission, my understanding is that you are supportive of the proposal but think that it is not fair to put all the responsibility on the Crown and that how the process would work in practice needs to be thought out.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

I was going to ask about independent legal representation, but Russell Findlay got in there before me, so I will ask about another area.

To go back to John Swinney’s point, we have heard concerning evidence about how victims and witnesses—or rather, complainers—have felt during their trial, particularly during cross examination, with regard to the practice of bringing up their character or, perhaps, sexual history. Is the recommendation for legal representation to protect people on that particular aspect?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

Is there any way to strengthen the current arrangements to ensure that they do not fail?

Criminal Justice Committee

Chief Constable Jo Farrell: Vision and Priorities for Police Scotland

Meeting date: 20 December 2023

Fulton MacGregor

It was good to give you the opportunity to put that on the record.

My main question goes back to the report that was produced in 2020 by Dame Elish Angiolini, when she carried out a review of policing. You will be well aware of that review. She said that she was “extraordinarily depressed” to hear accounts of discrimination within Police Scotland. I know that the previous chief constable acknowledged that, prior to leaving the service, and that you have also acknowledged that.

What do you feel should be done about the culture of the organisation? Do you have any plans to drive that work forward?

Criminal Justice Committee

Chief Constable Jo Farrell: Vision and Priorities for Police Scotland

Meeting date: 20 December 2023

Fulton MacGregor

I welcome the chief constable to her role. Before I move on to my main line of questioning, I would like to follow up on the estate issue. Unless I missed it and will get hit with bad news today, I was glad that no Lanarkshire closures were planned. I think that that is right, given the distance between Lanarkshire police stations and the unique nature of all the individual towns.

I will pose what is perhaps the opposite question to the one that you have been asked today. A lot of those buildings in Lanarkshire—the one in Coatbridge, for example, and the one in nearby Airdrie—are very old, so there is no scope for the amalgamation that has happened in Glasgow, and for the officers and staff to move into good new buildings. The option is just not there—it is not like Coatbridge is good and Airdrie can move down, or vice versa. When you are redeveloping, have you given any thought to the buildings in Lanarkshire? I am not too sure about the Cumbernauld one, but the vast majority are old buildings.