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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 4 May 2021
  6. Current session: 13 May 2021 to 16 December 2025
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Displaying 1179 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

I have a final question. The cabinet secretary said that she had the full opportunity to consider the Delegated Powers and Law Reform Committee鈥檚 report. One point that was raised relates to the Scottish Government鈥檚 policy intention behind the introduction of the new power, which is to enable the time periods for release on home detention curfew or for release for removal from the UK to be fully aligned. However, the DPLR Committee has raised the issue that that is not necessarily how the proposed new power has been drafted, because it is not limited to enabling that alignment. Has the cabinet secretary considered whether the drafting of the legislation is wider than the policy intent? Has she taken advice on that? That point was made in the DPLR Committee鈥檚 report.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

I understand. Okay鈥攖hat is fine. That did not go through a full scrutiny process, because it was a later amendment. You are satisfied that you are simply mirroring the previous legislation.

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Katy Clark

I would not expect the cabinet secretary to be specific about that today. We have already heard reference to the police and fire services getting a less good share of the cake in the past than other parts of the sector have done. I am sure that she will accept that in recent years the fire service has made considerable savings, which I hope will be taken into account.

I also want to ask about funding for alternatives to custody and for justice social work鈥攖he cabinet secretary will be familiar with those areas. Written submissions from local authorities, the Convention of Scottish Local Authorities and Social Work Scotland have highlighted the impact of the increased complexity of their case loads and the dance that they are having to do without any related increases in their funding.

The cabinet secretary will also be well aware of the restrictions on funding for local government, which has a key role in the delivery of alternatives to custody. I know that she agrees that we need to do something about the rising prison population. Will she say how we will allocate more funding to ensure that justice social work and alternatives to custody are properly funded so that we can provide them as realistic options?

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Katy Clark

What is available seems to vary across council areas. I fully understand the pressures that local government is under, but what is the cabinet secretary鈥檚 view on the availability of alternatives to custody? We have heard from sheriffs that sometimes they simply do not have faith in such alternatives. We have evidence鈥攆or example, from responses to freedom of information requests鈥攐f community service not happening. The same is true of electronic monitoring, even when it has been ordered by the court. Presumably that is because of resource problems. What is the cabinet secretary鈥檚 view on the resource implications of ensuring that robust alternatives to custody are available throughout Scotland?

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Katy Clark

Perhaps we can look at that when we get the report.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

My first question earlier on, however, was to ask whether you had the opportunity to consider what the DPLR Committee report said. My understanding is that you feel that you have had that opportunity. I am now asking whether you have had the opportunity to consider the particular point that was made about the drafting being wider than the policy intent. I am quite happy for an official to be brought in on that technicality, if that would be helpful.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

Given the nature of the issue, it would be helpful to get on record the Scottish Government position.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

When you refer to section 3AA, are you referring to the instrument or to the 1993 act?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Katy Clark

We have been told that, in France, the number of sex workers murdered seems to have been atypically high in the space of time immediately after the introduction of similar legislation. I am putting to you some of the things that are being said. Have you looked into that, and what is your response? Do you think that there is anything in that? You have mentioned France as one of the systems that you have looked at.

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Katy Clark

We might have a time problem, but perhaps I could ask a follow-up question on alternatives to custody and the role of local government.