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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 21 August 2025
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Displaying 1121 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

The Government can keep the three remaining time limits under review, and we propose to continue only three out of the seven original time limits. They can be extended only year by year, so they can be extended until next year and thereafter they can be the subject of only one further extension. Any permanent changes to those time limits would require primary legislation; we do not have plans to introduce primary legislation on time limits. We want to get back to the pre-pandemic normal.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

I will answer what I think is within my remit. First and foremost, I want, at the earliest opportunity, for us not to have coronavirus time-limit regulations in place. I want them for no longer than they are needed. I want to get back to our original legislation and the standards that are set out in it. This goes back to my experience from the prison system—although that was not yesterday.

I am aware that time limits can always be altered case by case. I do not have statistics to hand, but such alteration is far from uncommon. One of the reasons why I want us to continue with the three time limits is that I want to avoid misuse of precious court resources that should be focused on the backlog and on getting through trials, and I want not to clog up the system with procedural hearings.

On your reflection on increasing investment in the Crown Office, I think that it is a matter of record that in the past five years its budget went up by 50 to 75 per cent—notwithstanding that demands on its workload have most certainly increased, for reasons that were outlined in an earlier evidence session. To be helpful, the committee might wish me to ask the Lord Advocate to reply to Ms McNeill or to write to the committee. I have endeavoured to answer your question as best I can, from my position.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

Yes. I read a very helpful quote from a High Court judge, who said that the advantage of having national jurisdiction for callings from custody is that, where there are a number of warrants and indictments from various courts across the country, they can be heard in one place. I am also an advocate for, where possible, not bussing prisoners around the country. I do not think that that is efficient or effective.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

Fiscal fines have existed for many decades for less serious crimes and, as I have indicated, they are likely to be crimes that could perhaps be dealt with by the justice of the peace court. There are limits on the type and the nature of offences that would be subject to fiscal fines. They are not for any offence, but maybe officials can give you some further reassurance.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

I heard you raise that in earlier committee sessions. I am happy to write to you offline, but my understanding is that you lodged amendments at stage 2 and stage 3 but then did not move them. That related to an exchange that you had with Keith Brown, but I am happy to supply the information that I have been privy to on that.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

The draft order is an order in council made by His Majesty under powers in the International Organisations Act 1968. The nature of the reserved-devolved divide means that, where privileges and immunities relate to devolved matters in Scotland, the function of advising His Majesty on the order is devolved. A parallel order has been made and is in force in the rest of the United Kingdom and for non-devolved Scots law. This order confers no new privileges and immunities but simply expands the range of meetings where they apply in line with the 1959 Agreement on the Privileges and Immunities of the International Atomic Energy Agency.

To assist the committee, I will say a little more about the background to this order. In the 1959 agreement, the UK agreed to provide privileges and immunities to representatives of agency members attending

“any international conference, symposium, seminar or panel”

convened by the agency. That language was not entirely reflected in the subsequent International Atomic Energy Agency (Immunities and Privileges) Order 1974, which implemented the agreement obligations into UK domestic law. The discrepancy recently came to light during the development of the host country agreement requirement to hold the 2023 IAEA fusion for energy conference in London, as it is at odds with the agreement obligation. It was agreed with the Foreign, Commonwealth and Development Office that that should be remedied by each Administration to the extent that it has power to do so.

Separately, this order makes consequential amendments resulting from the parallel UK order. That is to restate the provisions of the 1974 order that are within the legislative competence of the Scottish Parliament and is an opportunity to clarify the definition of representatives of members so that it more fully reflects the wording of the 1959 agreement. Passing this order will correct an historical error and ensure that we are able to fully meet our international obligations.

As a good global citizen, it is the responsibility of the Scottish Government to bring the order to the Parliament for consideration and I commend it to the committee.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

There are a number of issues there. I acknowledge that, in the same way as households up and down the country are challenged because of the cost of living crisis, public services across the board are challenged on the back of a decade of austerity. I should point out the Scottish Government’s record of investing in justice and that we have continued to make year-on-year increases in investment—

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

I am focusing on fire, because it is a general point that is applicable to fire. The fire budget for this year increased by ÂŁ14 million in comparison to the previous year, and the budget for this year was certainly in a better position than was the case at pre-budget scrutiny, so there is a very important role for pre-budget scrutiny.

We will, of course, continue to work with the FBU and the Scottish Fire and Rescue Service. Ministers continue to receive assurances from His Majesty’s Fire Service Inspectorate in Scotland and chief fire officers that we have a safe service. There are, of course, choices and challenges to address—no one disputes that for one moment—but we have continued to make year-on-year increased investment in fire services. Indeed, comparing the current budget to that for 2017-18, investment is £55 million higher. Of course people are entitled to argue for more. If we invest more in one area, there will be an issue for Parliament to identify where that comes from, bearing in mind that the Scottish Government as a whole has to operate within a financial envelope and that our abilities to raise revenue are somewhat limited.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

That is an important staff welfare issue. The Scottish Government is engaged on the issue with the FBU and the Scottish Fire and Rescue Service. There are operational procedures in place around decontamination, particularly for some of the more rural stations. It is important that, as a Government, we have contributed to research on the health impacts for firefighters and we are supportive of additional health screening.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

I dispute whether the service is underfunded. You are right to point out that people will always make a case for more—that is the function of pre-budget scrutiny. It is rare for any organisation to address all its capital needs within one year. When the Deputy First Minister publishes the budget, she will also publish multiyear indicative spend for resource and capital in the longer term. That does not replace the annual budget process but it allows people to plan ahead. Capital is extremely stretched. Capital funding has been maintained at £32 million for the Scottish Fire and Rescue Service, but there remains deep pressure on capital budgets.