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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 8 August 2025
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Displaying 653 contributions

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Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

I am again being asked to speak for justice partners who can best speak for themselves, whether that be the Crown Office, the police or the fire service. I am sure that each will have ambitions that will outstrip the available resources. We have to prioritise—that is just the nature of government.

On those aspects that we can identify as needs, you have quite rightly identified how climate change is changing the demands on the fire service, and we have to be responsive to that as far as we can.

I do not know whether Don McGillivray wants to say any more about the fire service.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

I could not give you a percentage, but I think that we could give an anecdotal indication. If you talk to Teresa Medhurst—or perhaps you saw the recent programme, “Guilt”; I know that that is fiction, but it was based on a lot of research—you will find that prison officers say that there are people in prison who they feel should not be there and whose needs they are not equipped to deal with.

We deal with the fact that the courts have sent offenders to prison. It is our responsibility to accommodate them. The question is how we go forward.

On your point about community justice, we cannot take money away from the Prison Service—the vast bulk of which is wages in any event—and put it towards something else, so we have to find money for an alternative. Where that alternative is community justice, I think that that will require further investment.

We have to give courts confidence in such disposals before they will use them. The same is true for electronic monitoring and other alternatives to prison that might be more suitable for people. We must make that provision available and credible to courts before it will be used. The question is how we can ensure that more people get such disposals. There will always be people who are a danger to society or whose disposals have a punishment element that must be reflected in prison sentences.

There is a saying that prisons should have a narrow entrance and a wide exit but, right now, we appear to have the opposite. However, we cannot change the fact that, if a court has sent somebody to prison, they are there to serve that sentence. We would not shift such people, but the way in which we go forward is to ensure that we have alternatives so that people can go to the right place.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

That is contrary to what I have said, for example, in relation to the three-year funding for the victims fund that we are producing. That funding provides certainty and amounts, I think, to around £18 million in its own right. [Keith Brown has corrected this contribution. See end of report.] I have mentioned victims a number of times. In answering Fulton MacGregor’s questions, I mentioned a number of proposals in relation to community justice and how we can do more in the system about people on remand. It does not necessarily mean giving more money to victims organisations but, instead, considering how we can do more to take into account the needs of victims. For example, we might be able to do more for the victim of somebody who is released on bail by using electronic monitoring and providing more information, so it is not all about headline funding.

The victim surcharge fund will increase over time. So far, the fund has allowed £157,000 to be shared among victims of crime, and we expect it to increase over time to £1 million a year. We also have proposals for a victims commissioner to be appointed. Establishing any commissioner’s office takes up a fair bit of money and is a big commitment, but we have said that the appointment of the commissioner will not affect the money that otherwise goes to victims organisations. I think that we have a good track record on victims, whether that is the victim surcharge fund or our commitment to look further at the victim notification scheme and expand into different areas. At the very start, I mentioned our emerging justice strategy, which puts victims at the very front.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

I might ask Don McGillivray to come in on that. As everybody knows, there has been a process of rationalisation of police stations over the years. As those in the Fire and Rescue Service would tell you—as they have told me directly—some fire stations are perhaps not in the right place. I was in one last week on my own patch, in Alloa. Sometimes, they are not in the right type of buildings, given the new equipment.

I do not know whether Don McGillivray wishes to say more on that.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

To go back to the first point, it is incontrovertible that overall grant funding from the Treasury is falling. I have that as a quote and I am happy to source that for SPICe or anybody else. The exchange that we are having exemplifies the fact that politicians choose the figures that best serve their purpose. That is true, but you cannot deny the fact that Covid did not stop when that budget started. There are huge continuing Covid costs across Government. It is disingenuous to try to take those costs out to get to a lower budget starting point, but that discussion will continue.

The police budget has increased over the years, despite the fact that we have had major cuts to our capital budget over the past decade. In the past three years, there has been a substantial increase, which has resulted in the capital budget staying at about ÂŁ45 million. We have recognised some additional demands from the police, including ÂŁ10 million for greening the fleet.

We are ahead of the budget by a few weeks and these things are under discussion, so I cannot be too specific about how the budget will turn out or whether the police will be satisfied. The simple fact is that we have to work within constrained circumstances, and whatever budget is finally agreed—I am hopeful that it will be no less generous to the police than budgets have been in the past, given the constraints that we have—it will be for the police and the SPA to work out how to apportion that capital budget.

It might be useful for the committee to hear from Don McGillivray on one or two other points, convener.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

There is a strong argument to be made for that, but there is also the argument that we would want to try to improve situations in which human rights abuses have taken place. I think that it would be Police Scotland’s point of view, although it would have to speak for itself in this regard, that, if it could improve the performance of other police forces such that they would take human rights into account, that would be a benefit.

However, you are right to say that there is a reputational issue here, too. I think that Don McGillivray would like to come in on that.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

I do not like to start off on a point of disagreement, but the decision to leave the EU was not a decision of the people; it was a decision of the Government. The referendum was advisory; therefore, the decision was taken by the Government, not the people. The decision certainly was not taken by the people of Scotland, who voted 62 per cent against Brexit.

In relation to improvements, you mentioned that capital has been flat over the past 10 years. I will ask Neil Rennick to comment on the Crown Office, whose budget is dealt with separately from the budgets that we have been discussing so far. As there have been flat and reducing capital allocations from Westminster, it is not a surprise that budgets in the Scottish Government’s sphere also feel that pinch.

There are many aspects to how we attempt to address the backlog, and I acknowledge that it is a huge issue for us. The figures that came out last night on the backlog of cases in England and Wales are scary, and I acknowledge that it is also a serious problem for us. This year, we have put in money for technological changes, including remote balloting of juries and remote juries more generally, but those are not the only way in which we intend to deal with the issue.

Neil might want to comment on some of the detail on the Crown Office budget.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

Yes. I made the pretty obvious point previously that Covid has not finished with us yet, and we have to continue to take that into account in whatever we do. However, looking beyond Covid, we want to aim at the best suitable system, which is why we are having the review of community justice. I know that the committee will look at that as well. We have to acknowledge that, notwithstanding Covid, we have further to go on the issue. We have to consider how community justice is best dealt with and how it interacts with the national care service, which is important. However, it requires more investment.

Neil Rennick might want to come in on that.

Criminal Justice Committee [Draft]

Pre-Budget Scrutiny 2022-23

Meeting date: 10 November 2021

Keith Brown

It might be that, as you said, the end-of-days scenario—whoever put that forward—and the estimate of the budget are not where we end up. As I think that we have said already, that will be a process that we go through. It is not only the efforts of the police that need to be funded, but those of other agencies.

I am very willing to say that the police have an extremely difficult job. If they have intelligence or an expectation of a serious threat to public order, you want them there in numbers. If that threat does not transpire, they will, of course, be open to the accusation that they have, if you like, overplayed their hand. I do not think that they can win in those circumstances. I have been going to demonstrations for my entire life. If I was on a demonstration and saw that there were insufficient police numbers to deal with something that happened, I would be critical of the police. Therefore, they need to err on the side of caution; more than that, they need to act on the best intelligence that they have. Who is to say that the two things are not related? Some people who might have been bent on serious disorder—and there was serious intelligence on that—might have seen the police planning that was going on and thought, “No, we are not going to do that.” I will not be the first in line to criticise the police in that regard.

As to the cost, we do not know about that yet. As you suggest, it might come in below what has been suggested, but that would be a good thing. You are right to highlight the number of arrests. We had to estimate that ourselves, because we wanted things such as legal aid cover. That number of arrests has not transpired, and in large part that is due, first of all, to the conduct of protesters and to the engagement between protesters and the police, as well as police planning. Let us not look for failure here. We have three days to go, and a lot could still happen. It has been a very successful event so far.

I want to point out the different challenges that the police face. No previous COP meetings have taken place right in the middle of a relatively small city—they have been on the outskirts of Paris or elsewhere. Therefore, the police have planned effectively to deal with an extremely difficult situation and they have done really well.

Criminal Justice Committee [Draft]

Correction

Meeting date: 10 November 2021

Keith Brown

Ěý

Keith Brown has identified an error in his contribution and has provided the following correction.

Ěý

At col 34, paragraph 6—

Original text—

That is contrary to what I have said, for example, in relation to the three-year funding for the victims fund that we are producing. That funding provides certainty and amounts to around ÂŁ18 million in its own right.

Corrected text—

That is contrary to what I have said, for example, in relation to the three-year funding for the victims fund that we are producing. That funding provides certainty and amounts to around ÂŁ30 million in its own right.