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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 26 December 2024
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Displaying 816 contributions

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Criminal Justice Committee

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

Meeting date: 25 October 2023

Rona Mackay

Do you think that there could be a role in that for the commissioner?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Rona Mackay

First of all, I am pleased to hear you say that you will embrace trauma-informed practice. Jonathan Campbell, you said that you would always take a sensitive approach, but as I think that you will appreciate, there is a difference between taking a sensitive approach and being trauma informed.

Most of what I was going to ask has already been asked by Mr Swinney, but I would just highlight that the committee has taken countless pieces of evidence from women—primarily, victims of sex offences—who have said that their court experience was often worse than the actual crime itself, mainly because of defence lawyers. I am trying to believe you when you say that things will change, but as far as the committee’s experience is concerned, we are not hearing of victims being dealt with sensitively. As I have said, this is along the same lines as Mr Swinney’s questions, but how will you evaluate and monitor whether that sort of thing is actually happening, if this bill is passed?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Rona Mackay

I want to give a wee update. Stuart Munro mentioned the bairns’ hoose. For the record, the Scottish Government has put £6 million into funding six bairns’ hooses. Those are in Fife, north Strathclyde—that one was mentioned—Aberdeenshire, Aberdeen city, Tayside and the Outer Hebrides. They are coming down the line, which is good news.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Rona Mackay

Good morning, panel. I will ask Stuart Munro my first question, then go on to Jamie Foulis.

Stuart, I want to pick up on something that you said. You are concerned that the legislation could have no practical effect and that the change would not filter down and so on. Could you put some context around that and expand on what you mean? It is incumbent on the legal profession and solicitors to carry out legislation that is passed here, so could you expand on what you meant by it having no practical effect?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Rona Mackay

I am sorry to interrupt you. Should the onus of that not be on you in the legal profession to make sure that they have it?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Rona Mackay

Jamie Foulis, you said in your opening statement that you are broadly in favour of a commissioner and that, in your view, they could be there to represent the interests of victims or witnesses. Given the fact that they cannot be involved in individual cases, how effective do you think that would be? Would your preference be that they were involved in individual cases?

Criminal Justice Committee

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

Meeting date: 4 October 2023

Rona Mackay

That leads me on to my next question, which is for all of you. In your vast experience, given the trauma that all the victims whom you support have been through, how many of them do you think would go down the route of saying, “I want to go to the victims commissioner on this”? I know that you cannot give an exact answer, as the role has not been created yet, but how many of them, roughly, do you think would want to go to the commissioner?

Criminal Justice Committee

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

Meeting date: 4 October 2023

Rona Mackay

That is really interesting.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Rona Mackay

I understand that.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Rona Mackay

How much clout would they have?