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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 7 March 2025
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Displaying 864 contributions

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Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

I want to ask about resources. I draw the attention of members and witnesses to my entry in the register of members’ interests as, like Fergus, I was previously a criminal justice social worker.

For me, resourcing is the crux of the question. Having previously worked in the area, I know that, as Fergus referred to, there are community justice teams, and sometimes, as I think Lesley McAra said, there are different forms of bail supervision teams in certain local authorities, but that each has a community justice team. There probably would not be anything about this in the legislation, because it would be for local authorities to decide, but I am not really clear about who would take on the work. Would it be bail supervision teams, and would they be enhanced? I think that that would be my personal preference. Alternatively, would the community justice teams have to pick it up and almost mirror what they are doing with people who are convicted and on community payback orders and so on?

I asked Social Work Scotland about that when it was before the committee, and I think that it said that we will just need to see where it goes and what sort of funding will be available. How do you see that working? What additional resources are we talking about? From an academic point of view, is that something that you have thought about?

I am okay with my question being answered in any order.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

Good morning to Emma and Kate—it is good to see you both.

Kate, you mentioned the system that would need to be in place around bail if the legislation was going to work. That is probably the crux of the matter. If we are serious about reducing the numbers of those on remand, we do not—as you have both articulated—want to put people more at risk because there are no robust safeguards in place.

Can you tell us what that system might look like with regard to people who are on bail? Which bits of the bill are good in that regard? Do we need to go a bit further?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

I will come to you in a wee minute, Emma. Kate, I wonder how we might achieve that. If we go back to the provisions in the bill around input from justice social work—which I know you will be aware of, and it is a big part of the bill—is there anything in there that would allow justice social workers at that stage to bring in agencies such as yours or Scottish Women’s Aid or other organisations that work with victims? Is that the way in? I do not think that that could be made a statutory duty, but could it be developed in practice? Is that how you think what you have just outlined could be achieved?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

I thank Lesley McAra for her response. She has articulated my thoughts on the matter pretty well. Although social work services were not able to commit to it when the various organisations met us recently, it would make sense for there to be a separate team. Therefore, we are talking about significant resource implications and the committee will need to take that into account when it speaks to the Cabinet Secretary for Justice. I would be happy to take that forward.

The convener said to be brief. My final question has the same basis but the witnesses might not be able to answer it. In work that the committee is doing separately, there is also discussion about the possibility of criminal justice social work going over to the national care service—I can see by some nods that the witnesses are aware of that. What impact might that have on the discussion that we have just had?

In light of what the convener said, I ask the witnesses to be as brief as possible.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

That reflects other evidence that we have heard in that area, because the proposals are at a very early stage.

I am happy for the other witnesses to answer, convener, or to leave it at that, at your discretion.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

Similar to the question that I asked Kate Wallace, and to dig a bit more, do you think that part of the provisions around the powers for justice social work should be that, if there is a specific victim or victims—which might not always be the case—the assessment must include a plan for how that person or persons can be kept safe? This is obviously an area that you deal with.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

On a point of order, convener. Although Dr Graham was happy to answer it, I am not sure that my colleague Russell Findlay’s question to her was appropriate. The committee often hears from people who are councillors or who work with the Convention of Scottish Local Authorities and therefore have specific party allegiances. I have not formed my discourse on this point, but I am not sure that that was an appropriate line of questioning or build-up to the question. I therefore seek your advice or that of the clerk.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

It is good to have that clarified, and it brings me to my final question about the important linkages that you have talked about. I welcome the fact that justice and children’s care services are in the same bit of the bill, because the linkages between them are really important—probably more so than the linkages between justice and adult services.

You have brought me on to the housing issue. That obviously will not be coming over to the national care service, because a massive link between it and justice is required and it is probably one of the biggest areas of concern that we hear about. However, the minister has answered what I was going to ask. I was going to ask him whether he had thought about how housing services and other local authority services would work with the national care service, and he has answered by saying that there would be strong links.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

I am sorry if I took a bit longer than I should have, convener.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

I appreciated your attendance at that cross-party group meeting. A lot of the social work front-line staff who spoke at it were from adult care services. Having worked in that area, I have spoken to a lot of justice and children and families social workers over the past wee while, and I have found that there is trepidation. However, that is nothing new. As we have spoken about in this committee, the issue of justice social work coming into the health service was raised a long time ago—it was not popular at that time and was resisted. I just wanted to put that out there.