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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 20 August 2025
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Displaying 903 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 16 March 2022

Fulton MacGregor

Good morning. I am afraid that I, too, have been damp squibbed鈥攊f there is such a term鈥攂y Jamie Greene, but I will pick up on the line of questioning about the dates that have been specified. I have some concerns that, as other members have said, those could be open to challenge. I would like to be reassured that there is not something more that we could do to help with the intent of that bit of the bill as we move through the legislative process.

I know that local authorities are able to have organised displays and the like, but do you think that there is an argument for them to have more power to set specific dates for their area? All three of the previous speakers have asked about this issue. There are other religious events during the year, and there are also one-off events that might be important to people. Do you have any thoughts on whether local authorities could have an application scheme, for example?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 16 March 2022

Fulton MacGregor

No, I am happy with that, convener. The previous questioners covered the main thrust of what I was going to ask about.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 16 March 2022

Fulton MacGregor

Good morning to the witnesses. You might have heard some of the questions on this area during the earlier evidence session. Quite a few of us had questions about the specific restrictions that are proposed in the bill around the limit on days and times when fireworks can be sold and used. What do you think of those restrictions and do you have any concerns about the legislation specifying certain days?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 16 March 2022

Fulton MacGregor

Okay, thanks. I am happy to leave it there. Those have been two really good answers about those particular restrictions and it is good to have them on the record.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Fulton MacGregor

Good morning, cabinet secretary鈥攊t is still morning. A couple of months ago, or it might have been more than that, the committee met some vulnerable witnesses who had been through the court system, and we heard the harrowing experiences of witnesses and victims鈥攊n some cases, alleged victims鈥攐f some of the most harrowing offences, which you will know about. The committee committed to making sure that their experiences, although they were given to us privately, would be fed back when we got the opportunity to do so.

On that basis, I want to go back to an earlier part of our discussion when we talked about the evidence that we heard from defence lawyers last week about needing to see the accuser and interpret body language. We have heard that, if people who had experienced such offences presented as confident and capable, things went against them鈥攐r, at least, they felt that they did鈥攁nd that the same happened if they broke down.

It is worth highlighting that context to indicate why I鈥攁nd, I know, other members鈥攕upport a move towards having more remote hearings and ensuring that as many vulnerable witnesses as possible do not have to be present in court. The previous evidence session was really good, as it confirmed that the court system would still have the power to have hearings in person if that was appropriate for all parties.

You probably answered the main part of my question in your opening statement and in your responses to my colleague Jamie Greene, but what I want to know is how much the proposed legislation is actually needed to let us move towards a more remote system that protects vulnerable witnesses, particularly in the most high-profile domestic abuse cases. Does the Parliament need to pass the bill to help us meet that objective?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 9 March 2022

Fulton MacGregor

I do not have any specific questions that have not already been addressed by the cabinet secretary. I have a thought, rather than a question. It is obviously not ideal to be in a situation where we are looking to extend these things but I think that we are all in the same boat there. We are living in difficult times and, as was highlighted at the start, the pandemic is still with us, so, in certain areas where people are living closer together, such as prisons, we still need to err on the side of caution.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Fulton MacGregor

Yes鈥攋ust briefly, convener.

I think that we are all a bit worried about the backlog and what it might mean. I hear that from you, and it was really good to hear at the start that you think that we are on track to have the backlog cleared.

I want to ask about other possible solutions or options that you might have in relation to minor offences. How would cases be identified and prioritised if prosecutions of such offences were no longer taken forward?

Given the time period, how will you take into account changes in people鈥檚 circumstances? I will give two examples. You have said that those on remand are a priority, but somebody could have already been on remand for longer than the maximum disposal. We would imagine that that would be taken into account.

There are also more minor situations in communities in which people are not remanded. Would there be scope to look at situations that have almost resolved themselves? We know that it happens quite a lot that the accused and the victim repair the situation themselves. Are such circumstances taken into account when you prioritise cases?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Fulton MacGregor

Thank you. You have addressed the issue that I was getting at, which was about the public interest in such cases. If people are spending significant periods of time on remand, their situation can change significantly, particularly in cases involving more minor offences.

There is probably more public interest in continuing with more serious cases, because they can involve psychological and emotional abuse, too. That is not the case in more minor cases. I had in mind the example of youth offending. A kid could have been 16 at the time of an offence. If the case has been going on for a long time, they might be 20, by which time they might have repaired some of the issues with their community. I will not labour the point.

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Fulton MacGregor

Convener, I have a question as well.

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Fulton MacGregor

I will let Jamie Greene go first.