Chamber
Meeting of the Parliament 27 February 2014
27 Feb 2014 · S4 · Meeting of the Parliament
Item of business
Criminal Justice (Scotland) Bill: Stage 1
I will make progress.
The cabinet secretary is asking the Scottish Parliament to pass bad law and to vote to abolish corroboration before we know what system will replace it on a promise that the review, about which little is known, may fix the issue.
The Parliament’s integrity is at stake. The Justice Committee is not convinced by the Scottish Government’s proposal, and the Government should listen. For the Scottish National Party-led committee to take that view should give the cabinet secretary pause for thought, and the fact that the reasoned amendment in my name has been lodged with support from the Opposition parties and independent members John Finnie and Margo MacDonald indicates the strength of feeling among members of the Parliament about the Government’s proposal in section 57. Margo MacDonald has confirmed in no uncertain terms her opposition to section 57, and I ask members to note her comments.
Labour, Conservative, Liberal Democrat, Green and independent members have come together and put party differences behind them in order to focus on the issue of corroboration. I hope that the Parliament will prove itself to be a mature legislature that is able to listen to reason, and that MSPs who have concerns about section 57 and how the issue has been handled will vote for the amendment, or at the very least make a principled abstention.
I move amendment S4M-09160.1, to insert at end:
“but, in so doing, calls on the Scottish Government to lodge an amendment at stage 2 to remove the provisions abolishing the general requirement for corroboration.”
14:54
The cabinet secretary is asking the Scottish Parliament to pass bad law and to vote to abolish corroboration before we know what system will replace it on a promise that the review, about which little is known, may fix the issue.
The Parliament’s integrity is at stake. The Justice Committee is not convinced by the Scottish Government’s proposal, and the Government should listen. For the Scottish National Party-led committee to take that view should give the cabinet secretary pause for thought, and the fact that the reasoned amendment in my name has been lodged with support from the Opposition parties and independent members John Finnie and Margo MacDonald indicates the strength of feeling among members of the Parliament about the Government’s proposal in section 57. Margo MacDonald has confirmed in no uncertain terms her opposition to section 57, and I ask members to note her comments.
Labour, Conservative, Liberal Democrat, Green and independent members have come together and put party differences behind them in order to focus on the issue of corroboration. I hope that the Parliament will prove itself to be a mature legislature that is able to listen to reason, and that MSPs who have concerns about section 57 and how the issue has been handled will vote for the amendment, or at the very least make a principled abstention.
I move amendment S4M-09160.1, to insert at end:
“but, in so doing, calls on the Scottish Government to lodge an amendment at stage 2 to remove the provisions abolishing the general requirement for corroboration.”
14:54
References in this contribution
Motions, questions or amendments mentioned by their reference code.
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The first item of business this afternoon is a debate on motion S4M-09160, in the name of Kenny MacAskill, on the Criminal Justice (Scotland) Bill.
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
I am delighted to open this stage 1 debate on the Criminal Justice (Scotland) Bill. The bill contains a significant package of wide-ranging reforms to our cr...
Margaret Mitchell (Central Scotland) (Con)
Con
What does the Government have to fear from including consideration of whether or not to abolish corroboration in the remit of the Lord Bonomy review?
Kenny MacAskill
SNP
I say to Ms Mitchell that I am quite clear that, as I will go on to say, the case for abolition has been made. It has been made and supported by prosecutors ...
Alison McInnes (North East Scotland) (LD)
LD
Will the cabinet secretary take an intervention?
Kenny MacAskill
SNP
Not at the moment.The work of the distinguished experts in the review will allow us to modernise our system and ensure that it is in balance. I have complete...
Patrick Harvie (Glasgow) (Green)
Green
Will the cabinet secretary take an intervention?
Kenny MacAskill
SNP
Not at the moment.All of us here share the same goal: a balanced and effective criminal justice system, and one that is safe and secure. Lord Bonomy’s review...
Alison McInnes
LD
The cabinet secretary, the Lord Advocate and, indeed, Scottish Women’s Aid have all openly admitted that the removal of corroboration will not in itself resu...
Kenny MacAskill
SNP
One of our most distinguished judges said that we cannot have a whole category of victims who are routinely denied access to justice. We cannot have those wh...
Margaret Mitchell
Con
Will the cabinet secretary take an intervention?
Kenny MacAskill
SNP
Not at the moment.The voices of brave individuals have been echoed by those of the professionals who see the very personal and devastating impact that the co...
Patrick Harvie
Green
Will the minister give way?
Kenny MacAskill
SNP
Not at the moment.The difficulties posed by the corroboration rule to the pursuit of individual real cases could not be more apparent. We have heard from Pol...
Patrick Harvie
Green
Will the cabinet secretary take an intervention?
Margaret Mitchell
Con
Will the cabinet secretary take an intervention?
Kenny MacAskill
SNP
After so much debate, we must now act. The bill sends a clear message that Parliament has listened and is acting to address that injustice. The corroboration...
Willie Rennie (Mid Scotland and Fife) (LD)
LD
Will the minister give way?
Kenny MacAskill
SNP
Not at the moment.
Willie Rennie
LD
Outrageous!
The Presiding Officer
NPA
Order, Mr Rennie.
Kenny MacAskill
SNP
The extent of that injustice is clear. Research for the Carloway review identified that, in 2010, 268 serious cases were dropped after the initial court appe...
Willie Rennie
LD
Will the minister give way?
Kenny MacAskill
SNP
I now ask Parliament to listen to the voices of those representing some of the most vulnerable people in our society and to support the general principles of...
Willie Rennie
LD
Will the minister give way now?
The Presiding Officer
NPA
The minister is in his final minute.
Kenny MacAskill
SNP
We need to set that important principle now and move discussion on to how to ensure a modern, efficient and fair justice system that is fit for 21st century ...
Margaret Mitchell (Central Scotland) (Con)
Con
I thank the numerous witnesses who gave evidence and the Justice Committee clerks for their work in helping committee members to compile the stage 1 report o...
Kenny MacAskill
SNP
Margaret Mitchell missed out the police and prosecutors. Do they not have a say?
Margaret Mitchell
Con
I listed the people who have expressed their opposition. As the cabinet secretary knows, for one reason or another the police gave very confused views and ch...