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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 August 2025
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Displaying 1264 contributions

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Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

This question is probably about the capital budget, but the witnesses can tell me if that is right. It is perhaps for Mr Brown—but, again, you can tell me.

The Scottish Police Federation gave evidence about the co-location of police services. Its concern is about the condition of the police estate, and I am sure that it is a fair concern. It is saying that in such cases, Police Scotland has been

“the tenant and not the landlordâ€

and that there would be increased revenue pressure in the long run if there was more co-location of services. The SPF says:

“This tends to suggest that desperation, rather than suitability is the key driver.â€

Is it a principle of the SPA or Police Scotland to seek co-location, or is it a measure of last resort? Obviously, there is an immediate pressure, but, looking to the future, I would not have thought that it would be ideal to co-locate when you are sharing a building with completely different services. That is my concern—I have been controversial in the past, I have to say.

11:15  

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

You will have heard some of the evidence that the committee has taken. I will summarise what has interested me about the evidence that we have taken. We heard criminal lawyers and the Faculty of Advocates talk about the fee structure. The Faculty of Advocates said that it has upped the average number of daily cases from 12 to 20, but it still thinks that there will be a shortage of defence lawyers in the system.

We also heard a lot about the job of a defence solicitor. There is an important point to address here about the work-life balance of defence solicitors. They have to go to the police station late at night. The vulnerability of many of the clients of defence solicitors must be acknowledged, too. Do you agree that, as part of any changes to the system, there needs to be acknowledgement of the fact that being a defence solicitor brings with it all those things? Whether a defence solicitor works for the PDSO service or has their own firm, the job is probably much the same—they deal with vulnerable people in the criminal justice system who want a choice of lawyer and who want to be properly represented to give themselves the best chance of having their case put. Most ordinary people probably do not appreciate the hours that defence solicitors work. Do you agree that such acknowledgement is required?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

My next question is one that the Scottish Police Federation has posed. It is about public confidence and the pressures on the police. According to the SPF,

“police officers across Scotland have almost 50,000 rest days due to be re-rostered as a consequence of operational demands outstripping available resources. Beyond that … an additional … 100,000 … days have already been re-rostered to future dates.â€

The obvious question is, how long can we keep doing that for? Is the authority asking the Scottish Government to programme that in? Through the pandemic, police officers have had to put public policing first, which builds up roster days. I would have thought that it would be grossly unfair not to recognise that that is an additional pressure on the policing budget. What is your ask of the Scottish Government in relation to that?

Criminal Justice Committee

Pre-Budget Scrutiny 2022-23

Meeting date: 6 October 2021

Pauline McNeill

Good morning. I want to follow up on the question that the convener put to you on the issue of cybercrime, which, according to the figures, has doubled in the past few years, so it is quite a significant issue for policing.

You said to the convener that you are considering the recruitment of civilian officers. Whose decision is that? The idea of recruiting more civilians is one that I have heard before. Opinion is divided on where the line should be when it comes to having people other than police officers do the job. Is that a decision for the SPA to make or is it one for Police Scotland? Can you say anything about which jobs would be civilianised?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

Can you confirm that you are revoking the power relating to the restriction of newspapers and reading materials? Will that provision now be allowed?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

My final question is for Colin Lancaster. The SSBA’s submission states:

“The current system of legal aid is not conducive to early resolution of cases. There are significant gaps in funding available at the early stages in the process and the system fails to adequately recognise the preparation and responsibility involved in negotiating early pleas.â€

Do you agree with that statement? Could there be a better system, in which early payment was made to ensure that early pleas were made? After all, that is what we would want in any court system.

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

I am interested in the impact on the quality of justice, given what we have just heard. I would also like to hear from Colin Lancaster about the system and early pleas.

I will start with Ian Moir. We have heard about the number of practitioners who are leaving the profession, and you have outlined the issues around competing with recruitment to other places such as the Government, and the gap in pay. You also talked about the work-life balance of criminal legal aid solicitors. Can you say a bit more about that? Is it the primary reason why we are losing solicitors from legal aid defence?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

Thank you. When I first read about that, I did not like to think that there was any reason for the restriction of newspapers and reading materials, particularly for prisoners who are detained.

As I understand it, there are no time limits, although there are caveats to that. Are you certain that that complies with human rights law?

Criminal Justice Committee

Legal Aid

Meeting date: 29 September 2021

Pauline McNeill

That is an important point, which I want to come on to. I want to bring in Tony Lenehan on that. The SSBA submission mentions the recent boycott and the #gownsdown campaign. We also heard from Ian Moir about the importance of lawyers’ experience.

Perhaps Tony Lenehan can say whether he thinks that the ability to choose a solicitor, and to have a solicitor with experience, is important for the quality of justice. I note that progress has been made, but do you have concerns about the quality of justice if we do not find a solution to the current issues in the short term?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 29 September 2021

Pauline McNeill

Good morning, cabinet secretary. I reiterate what Collette Stevenson said about all of us being concerned about prisoners’ conditions and rights. Tom Fox also acknowledged that, so we are all coming from the same place.

I acknowledge the cabinet secretary’s detailed answer to the committee, which was very helpful, as was the response to the consultation. I am sure that the cabinet secretary acknowledges that, at the end of the day, whatever the rights and wrongs of the processes, the committee has a decision to make. I am sure that everyone acknowledges that we are decision makers when it comes to SSIs. I might agree with Fulton MacGregor that we should agree to the instrument. I might be minded to lend it my support, but with all the reservations that other members have given about not having the appropriate time to consider it. That is my line of thought.

Am I right in saying that the Government seeks to extend a range of powers that relate to purposeful activity, suspension of visits and detention of prisoners in cells, albeit with all the rules around health professionals and human rights?