Chamber
Meeting of the Parliament 13 June 2012
13 Jun 2012 · S4 · Meeting of the Parliament
Item of business
Victims and Witnesses (Improving Services)
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 can only deteriorate.
I welcome the opportunity to debate what can be done to improve services for victims and witnesses. For too long those people have been the silent and voiceless presence in our criminal justice system. They should be at the heart of it. Our criminal justice system needs to prioritise those who have been wronged and those who are prepared to stand up in court for those who have been wronged. Their voices must be heard.
I therefore welcome the publication of the Scottish Government’s consultation. Although it is overdue, it includes a number of important measures. The six objectives of the victims and witnesses policy are: that they should know what is going on in cases that affect them; that they should know what to expect; that they should feel confident that their personal safety will be protected; that they should be able to contribute effectively to cases; that they should have access to appropriate support; and that offenders should pay for injury, loss or distress caused. Those six objectives are eminently sensible; that will, I think, also be the overwhelming view of the public. The Scottish Conservatives fully support the objectives, but it is cause for concern that such rudimentary objectives are not already being met by our criminal justice system.
On the proposals in the consultation, I agree with many of the key suggestions. Taken as a whole, they appear to address the legitimate interests of victims of crime and witnesses, and they represent a sensible discussion on how to improve public confidence in our criminal justice system. For example, allowing victims to make oral representations to The Parole Board for Scotland will give them an important say in decisions about releasing prisoners. The creation of a duty on relevant public agencies to set clear standards of service for victims and witnesses is also sensible—although it must not turn into a box-ticking exercise.
I welcome the aspiration to improve the way in which cases are managed so that victims and witnesses are much clearer about stages and timings. Too many people who are involved in criminal cases experience delay after delay in court. It makes them angry and frustrated and saps their confidence in the whole system.
I welcome the opportunity to debate what can be done to improve services for victims and witnesses. For too long those people have been the silent and voiceless presence in our criminal justice system. They should be at the heart of it. Our criminal justice system needs to prioritise those who have been wronged and those who are prepared to stand up in court for those who have been wronged. Their voices must be heard.
I therefore welcome the publication of the Scottish Government’s consultation. Although it is overdue, it includes a number of important measures. The six objectives of the victims and witnesses policy are: that they should know what is going on in cases that affect them; that they should know what to expect; that they should feel confident that their personal safety will be protected; that they should be able to contribute effectively to cases; that they should have access to appropriate support; and that offenders should pay for injury, loss or distress caused. Those six objectives are eminently sensible; that will, I think, also be the overwhelming view of the public. The Scottish Conservatives fully support the objectives, but it is cause for concern that such rudimentary objectives are not already being met by our criminal justice system.
On the proposals in the consultation, I agree with many of the key suggestions. Taken as a whole, they appear to address the legitimate interests of victims of crime and witnesses, and they represent a sensible discussion on how to improve public confidence in our criminal justice system. For example, allowing victims to make oral representations to The Parole Board for Scotland will give them an important say in decisions about releasing prisoners. The creation of a duty on relevant public agencies to set clear standards of service for victims and witnesses is also sensible—although it must not turn into a box-ticking exercise.
I welcome the aspiration to improve the way in which cases are managed so that victims and witnesses are much clearer about stages and timings. Too many people who are involved in criminal cases experience delay after delay in court. It makes them angry and frustrated and saps their confidence in the whole system.
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?