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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 1619 contributions

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Criminal Justice Committee

Online Safety Bill

Meeting date: 21 June 2023

Jamie Greene

Yes. The online and technology industry is growing in Scotland, so there will be a number of people in senior management positions who ordinarily reside—or, to quote the bill, are “habitually resident”—in Scotland, and the question is whether they would be prosecuted under Scots law or English and Welsh law if the primary factor is where the person is resident, as opposed to where the company is registered or where the offence takes place. I just seek a bit of clarification on that. I know that the scenarios are hypothetical and we hope that offences will be few and far between, but it was not entirely clear from the LCM what the situation would look like.

What analysis has the Scottish Government done of the scale of companies that might fall into that category? Do we know how many large social media companies or tech companies to which the provisions are relevant have corporate headquarters in Scotland? Are most of them based elsewhere?

Criminal Justice Committee

Online Safety Bill

Meeting date: 21 June 2023

Jamie Greene

That is very helpful.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

To follow on from the convener’s opening line of questioning, the submission from the SPF is dated 24 May 2023 and is addressed to the committee. Has the cabinet secretary had sight of it and does the Government intend to respond formally to its content? The SPF has made a number of very specific suggestions for changes that it would like to be made to the constitution. I am happy to go through those in public if that is helpful, but it would be quicker and easier if the Government just responded to the suggestions en bloc. Does the cabinet secretary propose to do that?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

Absolutely.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

I understand that, but the problem with continuity—and what I think people will be concerned about—is that it might be continuity of the status quo, which, in this case, means annual pay bargaining that ends up in industrial dispute and the removal of services and withdrawal of good will by officers.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

The rabbit hole that we are going down is based on the evidence that we have in our committee papers from one of the leading protagonists in negotiations, so it is absolutely right that we raise those points, given that the SPF is not here to give us evidence prior to the vote.

The problem that we have is more of a procedural one. From what I understand, there is potential to revise the constitution but that would need to be done by regulation. What is the point of passing regulations to rubber stamp the constitution as it is, knowing that there are stakeholders who wish changes to be made and that future regulations that implement any changes will have to come back to the Parliament? Why not do it in one go?

It would be better for the Government to have a discussion with those who have presented evidence and, if any changes to the constitution have to be made, come back with regulations and do it as a one-hit wonder. I have no problem with the regulations, but I have a problem with being asked to rubber stamp a constitution with which some stakeholders clearly have problems.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

Okay. So, the PNB makes recommendations to ministers. Is it then up to ministers to agree or disagree, or is the final decision what the PNB has recommended?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

I want to comment on that second level. Obviously, the SPF has seen the draft—I presume that it is a draft—of the constitution that has been published. It has made specific comments as to the content of a number of paragraphs—3, 9, 37, 42, 43, 44 and 45. To go back to my original question, will there be scope for the constitution to be amended prior to being finalised?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

Does the Government have any override function, in terms of decisions that are made?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 7 June 2023

Jamie Greene

Right.