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Chamber and committees

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 July 2025
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Displaying 3527 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

Finally, I invite members to agree to delegate to me and the clerks the publication of a short factual report on the SSI.

Members indicated agreement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

My question was whether you had had sight of the Scottish Police Federation’s submission and had had an opportunity to consider the points that it made about the constitution.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

That is helpful. I point out that, in its submission, the Scottish Police Federation says that it feels that the proposals are

“relatively strong in our favour and in the spirit of fairness, acceptable to SPF.”

I open the questioning to other members.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

I will pick up and clarify the point about the options for the committee today. We are aware that the Scottish Police Federation has made a number of recommendations for amending the SSI and, as the cabinet secretary has pointed out, it is not possible for a committee to do that, in so far as SSIs come to committee as they are and we either agree them or do not. The only option available to members if they wish to see changes is to vote against the motion or to ask whether there is scope for the SSI to be withdrawn and brought back in a revised version. From what the cabinet secretary has said, she is not minded to do that. I hope that that provides some clarity.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

I will try to pull the discussion together. I appreciate the points that members have made and the cabinet secretary’s responses to them.

It is important to clarify that the federation seems to seek that the wording of the constitution be amended. We have heard—I refer specifically to the update from Louise Miller—that, down the line, the constitution can be amended, which would be a separate process from agreeing the SSI in its current form today.

Is that correct, cabinet secretary?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

Thanks very much, cabinet secretary. I hope that that has been helpful and provided some clarity for members.

On that note, I will move on and invite the cabinet secretary to move motion S6M-08783.

Motion moved,

That the Criminal Justice Committee recommends that the Police Negotiating Board for Scotland (Constitution, Arbitration and Qualifying Cases) Regulations 2023 [draft] be approved.—[Angela Constance]

Motion agreed to.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

I thank the cabinet secretary and her officials for joining us.

That concludes our business for the morning. There is no formal committee meeting next week, as planned.

Meeting closed at 10:44.  

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

Thank you very much, cabinet secretary. In a paper that the Scottish Police Federation submitted to the committee ahead of today’s meeting, it outlined its position and made a number of comments on the proposed constitution of the Police Negotiating Board for Scotland in the Scottish statutory instrument. Have you had the opportunity to see that paper and, if so, do you have any comments on the points that the Scottish Police Federation set out?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

On that note, the SPF made a number of comments, and my understanding is that there is no scope to incorporate them in the SSI at the moment. If you are not aware of them, we will perhaps come back to this question, given that we are looking at the SSI in its current form.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Audrey Nicoll

Good morning, and welcome to the 18th meeting in 2023 of the Criminal Justice Committee. We have received apologies from Pauline McNeill, and Katy Clark is joining us online.

Our main item of business is consideration of a draft affirmative instrument: the Police Negotiating Board for Scotland (Constitution, Arbitration and Qualifying Cases) Regulations 2023. I am pleased to welcome to the meeting the Cabinet Secretary for Justice and Home Affairs, Angela Constance, and her Scottish Government officials. We are joined by Peter Jamieson and Graham Thomson, from the police division, and Louise Miller, from the legal directorate.

I refer members to paper 1 and annex B in our briefing paper, and I thank the Scottish Police Federation for its comments.

I invite the cabinet secretary to speak to the regulations.