Chamber
Meeting of the Parliament 13 June 2012
13 Jun 2012 · S4 · Meeting of the Parliament
Item of business
Victims and Witnesses (Improving Services)
I am assuming that that will be the case, but I will confirm that for the member. Given the nature of that offence, I would be surprised if that was not the case. We are consulting on those matters. Like Mr Chisholm, I am aware of the deep distress that stalking causes. I am delighted that the Parliament has invoked legislation on that and that, as on other matters, we are leading the way in the United Kingdom. We must ensure that it is easier to convict the perpetrators of that offence, although Mr Chisholm makes the valid point that we must also protect the victims. I will confirm that point to him.
The bill will ensure that Scotland complies with the forthcoming European Union directive to establish minimum standards on the rights, support and protection for victims of crime.
As is the case in the making justice work programme generally, the reform will be a shared enterprise. No single organisation holds all the answers or can deliver reform by itself. Our proposals will be refined and delivered in collaboration with victims organisations and our justice partners. That will be particularly important when proposals might increase demand for certain services. We will continue to work closely with the Crown Office and the Scottish Court Service to fully understand the implications for resource management, which is especially crucial in the current financial climate.
The process of consultation and engagement has already begun. During 2010-11, we talked extensively to various victims and witnesses groups, such as Scottish Women’s Aid, Rape Crisis Scotland and Children 1st, to identify issues that impact on confidence in the justice system and the willingness of people to report crime. In the coming months, we will continue the discussions with victims organisations, which serve us well, and with individuals who have been victims. As Mr Chisholm will know, the measures on stalking were driven tirelessly by Ann Moulds. That work, along with the responses to our consultation paper, will inform the development of the bill.
I am delighted that there is broad cross-party support for providing better support for victims and witnesses. I am grateful for the support that I have had from Opposition spokespeople and other members. Parliament is united on the issue. I hope and believe that that consensus is reflected in the principles that the Government has set out and is trying to follow. How we treat victims and witnesses must be a measure of the success of our justice system as a whole, so we all have an interest in driving reform. We are keen to build on the consensus as the bill is developed and when it begins its parliamentary passage. We are happy to spell out the approach in due course, which is why I am delighted to accept the Labour amendment.
In approaching the task, we must be ambitious and innovative. We must not shy away from radical ideas if they are necessary to improve the system. Some changes might be difficult, especially in the current financial climate, but we must resist the temptation to leave things the way they are simply because that is the way that they have aye been. I am confident that, by working closely with our justice partners, by embracing innovative solutions and by being unafraid to take a bold approach, we can build a justice system that has the interests of victims and witnesses at its heart while ensuring the utmost fairness and transparency of process for the accused.
I move,
That the Parliament recognises the importance of victims and witnesses of crime in the justice system; believes that such individuals should feel confident in coming forward and have access to information about cases affecting them and appropriately tailored support before, during and after proceedings; believes that offenders should pay where possible and appropriate for the injury, loss or distress that they have caused by contributing to support for victims, and welcomes the Scottish Government’s consultation on detailed proposals to give effect to these objectives.
14:49
The bill will ensure that Scotland complies with the forthcoming European Union directive to establish minimum standards on the rights, support and protection for victims of crime.
As is the case in the making justice work programme generally, the reform will be a shared enterprise. No single organisation holds all the answers or can deliver reform by itself. Our proposals will be refined and delivered in collaboration with victims organisations and our justice partners. That will be particularly important when proposals might increase demand for certain services. We will continue to work closely with the Crown Office and the Scottish Court Service to fully understand the implications for resource management, which is especially crucial in the current financial climate.
The process of consultation and engagement has already begun. During 2010-11, we talked extensively to various victims and witnesses groups, such as Scottish Women’s Aid, Rape Crisis Scotland and Children 1st, to identify issues that impact on confidence in the justice system and the willingness of people to report crime. In the coming months, we will continue the discussions with victims organisations, which serve us well, and with individuals who have been victims. As Mr Chisholm will know, the measures on stalking were driven tirelessly by Ann Moulds. That work, along with the responses to our consultation paper, will inform the development of the bill.
I am delighted that there is broad cross-party support for providing better support for victims and witnesses. I am grateful for the support that I have had from Opposition spokespeople and other members. Parliament is united on the issue. I hope and believe that that consensus is reflected in the principles that the Government has set out and is trying to follow. How we treat victims and witnesses must be a measure of the success of our justice system as a whole, so we all have an interest in driving reform. We are keen to build on the consensus as the bill is developed and when it begins its parliamentary passage. We are happy to spell out the approach in due course, which is why I am delighted to accept the Labour amendment.
In approaching the task, we must be ambitious and innovative. We must not shy away from radical ideas if they are necessary to improve the system. Some changes might be difficult, especially in the current financial climate, but we must resist the temptation to leave things the way they are simply because that is the way that they have aye been. I am confident that, by working closely with our justice partners, by embracing innovative solutions and by being unafraid to take a bold approach, we can build a justice system that has the interests of victims and witnesses at its heart while ensuring the utmost fairness and transparency of process for the accused.
I move,
That the Parliament recognises the importance of victims and witnesses of crime in the justice system; believes that such individuals should feel confident in coming forward and have access to information about cases affecting them and appropriately tailored support before, during and after proceedings; believes that offenders should pay where possible and appropriate for the injury, loss or distress that they have caused by contributing to support for victims, and welcomes the Scottish Government’s consultation on detailed proposals to give effect to these objectives.
14:49
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The next item of business is a debate on motion S4M-03278, in the name of Kenny MacAskill, on improving services for victims and witnesses.14:34
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
I am grateful for the opportunity to open the debate on making justice work for victims and witnesses. Under the Scottish Government’s making justice work pr...
David Stewart (Highlands and Islands) (Lab)
Lab
Has the cabinet secretary estimated what revenue the proposed victim surcharge would bring in in the next few years?
Kenny MacAskill
SNP
We are looking at those matters. The answer is that that will depend. I am happy to share whatever information we have to date, but the measures that I am ta...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
Can the cabinet secretary give an assurance that the category of victims of sexual offences and domestic abuse will include victims of stalking?
Kenny MacAskill
SNP
I am assuming that that will be the case, but I will confirm that for the member. Given the nature of that offence, I would be surprised if that was not the ...
Lewis Macdonald (North East Scotland) (Lab)
Lab
Scotland’s devolved Parliament has had a strong focus on support for victims and witnesses since its beginnings 13 years ago. The Labour-led devolved Governm...
The Presiding Officer
NPA
Can whoever has their phone on please switch it off?
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
Presiding Officer, I apologise to the member. I thought that I had switched it off, but I am obviously incompetent with this thing.
The Presiding Officer
NPA
Thank you, Ms Grahame.
Lewis Macdonald
Lab
Christine Grahame’s apology is, of course, acknowledged and accepted. I thank her for that helpful intervention, which I am sure will not cost me too much sp...
The Presiding Officer
NPA
Annabel Goldie has seven minutes.14:59
Annabel Goldie (West Scotland) (Con)
Con
Thank you, Presiding Officer. My normal challenge when speaking is to ensure that audiences remain awake. I fear that, if I speak more slowly, the situation ...
David Stewart
Lab
Does Annabel Goldie agree that it is inconsistent that prisoners have their own commissioner but victims do not?
Annabel Goldie
Con
That certainly seems to be illogical. The proposal could—with tweaking—go a long way towards addressing the needs of victims. The situation might then be ade...
Christine Grahame
SNP
It is commendable that Annabel Goldie has agreed that the cabinet secretary has taken steps in that direction, but does she agree that we need more prisoner ...
The Presiding Officer
NPA
Ms Goldie, I will compensate you for the intervention.
Annabel Goldie
Con
Thank you very much, Presiding Officer.In response to Christine Grahame’s intervention, the building programme is, I presume, precisely what her party took i...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP)
SNP
Will the member give way?
Annabel Goldie
Con
I am sorry, but I am pushed for time and I have already taken an intervention.Automatic early release of prisoners is a discredited anachronism that perplexe...
The Presiding Officer
NPA
We now move to the open debate. We have a fair amount of time in hand; the six minutes for speeches will be a generous six minutes, and members will be compe...
Mark McDonald (North East Scotland) (SNP)
SNP
On Annabel Goldie’s comment, my understanding of “Strike it Lucky” is that participants had to avoid hitting hot spots.The Scottish Government, in introducin...
Hanzala Malik (Glasgow) (Lab)
Lab
Will the member take an intervention?
Mark McDonald
SNP
I will finish my point, first.One of the difficulties is that gaps emerge and individuals often fall into them. One of the key things that we need to do is f...
The Deputy Presiding Officer (John Scott)
Con
Humza Yousaf.
Hanzala Malik
Lab
No.
The Deputy Presiding Officer
Con
I am sorry. It is Hanzala Malik. I beg your pardon.
Hanzala Malik
Lab
Thank you very much. I am not sure that Humza would appreciate that, but I certainly do. Laughter.I compliment Mark McDonald for what he said about victim su...
Mark McDonald
SNP
Hanzala Malik has made an excellent point and I am sure that the Government will be acutely aware of the need for appropriate support to be given to victims ...
Lewis Macdonald
Lab
Will the member take an intervention?