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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 15 August 2025
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Displaying 985 contributions

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Criminal Justice Committee

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

Meeting date: 6 December 2023

Katy Clark

I want to go back to the issue of evidence and data. Last week, we considered the Scottish Government鈥檚 proposal that a majority in a jury should be changed to eight out of 12, but we also considered the possibility of it being 10 out of 12.

Sandy Brindley, I appreciate that we have no hard data and that there is no concrete evidence on this, but what are your impressions鈥攁necdotally, from the women with whom Rape Crisis Scotland works鈥攐n the outcomes from juries? How often is the decision, either to convict or to acquit, unanimous, and how often is the jury split? What kind of splits are you told about? I appreciate that you might not have formally surveyed the women with whom Rape Crisis Scotland works, but what is your impression? I feel that we are working in the dark, so even anecdotal information is of interest.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Katy Clark

Thank you. That is helpful.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Katy Clark

Are complainers not given the information on the majority?

Criminal Justice Committee

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

Meeting date: 6 December 2023

Katy Clark

Is it your understanding that the Crown and the defence agents are not provided with that information either? We can obviously take up that point with them.

Criminal Justice Committee

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

Meeting date: 6 December 2023

Katy Clark

My question is similar to Fulton MacGregor鈥檚, as I want to pick up on what Sandy Brindley said earlier about wrongful acquittals. The Scottish Government is proposing to offset any impact on conviction rates that might be caused by the abolition of the not proven verdict. That is, it would address the balance between convictions and acquittals by changing jury size. Do you accept that that would have the result that there is likely to be no change, given that you have just said that only a handful of cases would be affected? Would the change in jury size offset the abolition of the verdict in the way that the Scottish Government suggests?

Social Justice and Social Security Committee

Scottish Employment Injuries Advisory Council Bill: Stage 1

Meeting date: 30 November 2023

Katy Clark

Perhaps it is not helpful to get into the current benefits. To a large extent, you have simply mirrored what is happening down south, which many of us hoped would not be the position. Our hope was that we would be doing something better. However, let us not get into that discussion. Let us focus on whether the employment injuries benefit is fit for purpose

Social Justice and Social Security Committee

Scottish Employment Injuries Advisory Council Bill: Stage 1

Meeting date: 30 November 2023

Katy Clark

Surely the point is that the council would do work to inform decisions on eligibility. Would that not add to the policy process?

Social Justice and Social Security Committee

Scottish Employment Injuries Advisory Council Bill: Stage 1

Meeting date: 30 November 2023

Katy Clark

Surely the lesson that we have learned from previous experience is that, if we do not start the work soon and do it as quickly as possible, we end up taking on the schemes that already exist for extended periods. Surely we now have an opportunity. Whether it is an advisory group or a council鈥攚hatever we call it鈥攚e should surely try to implement as soon as possible a body that would do the work to inform the policy approach. What is the timeline?

Social Justice and Social Security Committee

Scottish Employment Injuries Advisory Council Bill: Stage 1

Meeting date: 30 November 2023

Katy Clark

Let us presume that the consultation says that work needs to be done to inform a new benefit. What would the cabinet secretary鈥檚 timescale be for her stakeholder advisory group? How quickly will that work start?

Social Justice and Social Security Committee

Delivering Scottish Social Security

Meeting date: 30 November 2023

Katy Clark

I am asking about what lessons you think have been learned over the past few years, so that we better migrate benefits in future to provide a quicker process to get to what might be a better outcome.