Seòmar agus comataidhean

We have been trying to decipher the effect that amendment 33 might have. Is its purpose that the court must take into account not only the diet that is relevant to the specific remand hearing but any and all outstanding hearings? For example, if an accused was in front of a remand court but was also the subject of a number of other live cases that were going through the system, and, if the accused had a history of absconding in relation to those cases, would that be taken into account in relation to the other case? It sounds as though quite a lot of work would be involved. Who would present or deliver that information to the judge or the Crown?

I am sympathetic to the idea, because one of the problems with the bill—I will come on to this in talking about my amendments in the group—is that it might remove the safeguard of being able to use remand for repeat absconders. However, will Katy Clark clarify the effect that amendment 33 would have?

I thank Pauline McNeill for lodging amendment 65. As she said, the amendment was one of a number of proposals from victims organisations, and I think that the rationale has been quite well explained. Those organisations have some nervousness about the matter.

When we took evidence on the proposal, there were two schools of thought, which were expressed publicly and in private. It seems that the legal profession is keen to see the removal of section 23D of the 1995 act, which it feels is problematic. I wonder whether the Government had discussions with the Crown, solicitors and the judiciary on the issue, as such discussions might underlie the rationale for removing section 23D. Equally, the perception of a number of organisations was that its potential removal is worrying—they feel that section 23D is a valid safety net, particularly for those who are at risk of domestic abuse and sexual crime.

Victim Support Scotland got in touch with a number of members, seeking to remove section 3, which will abolish section 23D. It is important that I put that organisation’s claims on the record because I would like the cabinet secretary to address them. Victim Support Scotland’s perception might be an error, but I want to give the cabinet secretary at least the opportunity to alleviate its concerns. Its interpretation is that the proposal to remove section 23D would

“allow bail to be granted to convicted repeat and serial perpetrators of domestic abuse and sexual offending against women and who present a particular danger to women’s safety.”

It went on:

“Given women’s experiences of abusers being given bail, including the lived experience of survivors given in evidence to the Criminal Justice Committee, women need as much protection as the law can afford them. The safety of victims should be at the heart of any decision to release a person on bail, so the removal of this restriction and reliance on the new all-encompassing bail test does little to show victims of these types of crime that their safety is being protected under the law”.

Those are Victim Support Scotland’s words, not mine. I do not want to put words into anyone’s mouth or even take a personal view on the issue, but there is a case to be answered around the removal of section 23D, and amendment 65 gives us the opportunity to have that debate.

I support it, so I will move it.

Amendment 52 moved—[Jamie Greene.]

It is quite a strong deterrent for a person—knowing that they might end up in a prison cell.

Is it the plan that, using intelligence, the police will stop and search prior to entry to the stadium? If fireworks, pyrotechnics, flares or other devices are found on persons, will they be denied entry and the items removed, or will the items be removed but the persons still be allowed entry to the football game? I ask in order to be clear.

Would they actually be charged at that time?

I am sure that we will all support that.

In the policy briefings that came with the SSIs, the sections on the financial effects for each instrument state:

“The Minister for Community Safety confirms that ... the instrument has no financial effects on the Scottish Government, local government or on business.”

I have two questions on that. First, multiple ministers have claimed that the financial effects of the legislation were the cause of the delay. That seems to contradict what we are asked to do today. Clearly, there is a financial effect, so I refer to the passing of the act in 2022. What did the financial memorandum claim as the forecasted cost of the legislation? Has it crept up since then? If so, will you provide some numbers? If you do not have that information to hand, I will be happy for you to write to the committee.

Given how difficult it is to bring charges and achieve convictions and successful prosecutions, and that we already have a wide-ranging set of laws prohibiting misuse of such devices, would the Government support a lengthy or lifetime ban from entering a football stadium anywhere in Scotland as a deterrent or incentive not to bring devices into sporting stadiums? Will the Government actively discuss that with clubs?

Just to be clear, the financial memorandum also states that there will be no effect on business. I know that we are drip feeding the instruments to commence the legislation and that the restriction on the sale and purchase will not be until, I presume, 2025 or thereafter. There will be no compensation scheme in place until then. Is that correct?

I will try to rattle through my questions. Welcome to the committee, minister; congratulations on your appointment.

I want to first address the issue of pyrotechnics and flare misuse at sporting events, particularly football matches, which are clearly the most high-profile events that have been reported in the media. The existing legislation—the 1995 act—makes it illegal for pyrotechnics to be taken into sporting events, but it is clear that it is failing, otherwise we would not need to afford the police more powers. Can you explain the difference between what is already legal in football stadiums and what will happen in June, for the benefit of people who attend such venues?