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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 19 August 2025
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Displaying 903 contributions

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Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

Good morning to Emma and Kate鈥攊t is good to see you both.

Kate, you mentioned the system that would need to be in place around bail if the legislation was going to work. That is probably the crux of the matter. If we are serious about reducing the numbers of those on remand, we do not鈥攁s you have both articulated鈥攚ant to put people more at risk because there are no robust safeguards in place.

Can you tell us what that system might look like with regard to people who are on bail? Which bits of the bill are good in that regard? Do we need to go a bit further?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

I will come to you in a wee minute, Emma. Kate, I wonder how we might achieve that. If we go back to the provisions in the bill around input from justice social work鈥攚hich I know you will be aware of, and it is a big part of the bill鈥攊s there anything in there that would allow justice social workers at that stage to bring in agencies such as yours or Scottish Women鈥檚 Aid or other organisations that work with victims? Is that the way in? I do not think that that could be made a statutory duty, but could it be developed in practice? Is that how you think what you have just outlined could be achieved?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

I thank Lesley McAra for her response. She has articulated my thoughts on the matter pretty well. Although social work services were not able to commit to it when the various organisations met us recently, it would make sense for there to be a separate team. Therefore, we are talking about significant resource implications and the committee will need to take that into account when it speaks to the Cabinet Secretary for Justice. I would be happy to take that forward.

The convener said to be brief. My final question has the same basis but the witnesses might not be able to answer it. In work that the committee is doing separately, there is also discussion about the possibility of criminal justice social work going over to the national care service鈥擨 can see by some nods that the witnesses are aware of that. What impact might that have on the discussion that we have just had?

In light of what the convener said, I ask the witnesses to be as brief as possible.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

That reflects other evidence that we have heard in that area, because the proposals are at a very early stage.

I am happy for the other witnesses to answer, convener, or to leave it at that, at your discretion.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

Similar to the question that I asked Kate Wallace, and to dig a bit more, do you think that part of the provisions around the powers for justice social work should be that, if there is a specific victim or victims鈥攚hich might not always be the case鈥攖he assessment must include a plan for how that person or persons can be kept safe? This is obviously an area that you deal with.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 11 January 2023

Fulton MacGregor

On a point of order, convener. Although Dr Graham was happy to answer it, I am not sure that my colleague Russell Findlay鈥檚 question to her was appropriate. The committee often hears from people who are councillors or who work with the Convention of Scottish Local Authorities and therefore have specific party allegiances. I have not formed my discourse on this point, but I am not sure that that was an appropriate line of questioning or build-up to the question. I therefore seek your advice or that of the clerk.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

I hope that you are not too tired after last night, minister.

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

Thank you for clarifying that. You will know that that is not a particularly popular idea in the areas of justice and of children and families鈥擨 am talking about those two areas and not about adult social work. People want the Government to take them along.

If the Government and Cabinet have decided that that transfer is a good idea but the consultation gets a load of responses that are not in favour of it, how much will that weigh on the final decision about the legislation?

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

Thanks, convener. I was not expecting to get back in, so I appreciate that.

How will you capture the lived experience that you have spoken about, minister? I think that the Government is doing a fantastic job with the adult social care part of this. I have seen a lot of the work that you are doing, and lived experience is coming through loud and clear in relation to that. We heard a lot about that at the cross-party group meeting that you referred to earlier.

However, do you have any thoughts鈥攚e are coming to the end of this session, so you might have to write to us about this鈥攁bout how to hear about the lived experience of criminal justice service users and their views on whether they like the services just now or whether they would like the workers who support them to be part of a national care service? I know that you spoke about an individual and the 15 folk who are involved in supporting him. Do you have any ideas about how, on a larger scale with justice service users, you might do what you are doing now with adult social care service users?

Criminal Justice Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 21 December 2022

Fulton MacGregor

That is reassuring.