Meeting of the Parliament 09 May 2023
I, too, welcome the cabinet secretary to her new role.
I am honoured to be contributing on behalf of the Scottish Conservatives to today’s debate on transforming justice in Scotland. Earlier this year, my colleague Jamie Greene described a frequent pattern in Scottish Government legislation that
“mingles policies that are good, bad and indifferent”.—[Official Report, 16 March 2023; c 73.]
In my view, the Victims, Witnesses, and Justice Reform (Scotland) Bill is no different. The bill is informed by recommendations by Lady Dorrian’s review group. Although some are commendable, others are more controversial.
The right to a jury trial is a fundamental Scottish right, and its removal will not help the victims of crime. Thomas Ross KC has said that the proposal represents
“intolerable interference by the executive with the judiciary”.
This appears to be yet another occasion on which the Scottish National Party must think again, as Jamie Greene said in his speech.
As MSPs, many of us have been approached by people who have shared their experiences of how the justice system has failed them. Since introducing my proposed member’s bill on domestic abuse last year, I have heard time and again moving testimonies from people who have lost faith in the justice system. One domestic abuse victim said to me that she feels that the justice system often forgets the rights of victims because it is too busy protecting the rights of perpetrators. She asks why it is that she feels confined to her own home out of fear while her abuser walks around carefree, having been granted bail.
Another family has spoken to me about their disbelief that the Scottish justice system can go to such lengths to avoid keeping perpetrators in prison. They speak of how their abuser was able to ruin the lives of their three grandchildren but has yet to spend a single day behind bars. They say that Scotland might well have a legal system but that, until things change, it will not have a justice system. That is why I support my colleague’s amendment to afford victims a greater voice in decisions concerning the remand and release of offenders, and better protection around their safety once an offender has been released.
Similarly, our victims law would allow victims to request that criminals be banned from entering their local area when they are released on licence. It would allow victims to speak directly during parole hearings when a criminal is being considered for release, and it would result in all Parole Board hearings being transparent. I urge members across the chamber to back those proposals.
We know that, although there are problems with the Scottish justice system, they are not felt equally by all groups in society. Some groups, including black, Asian and minority ethnic individuals and people with a disability, can find themselves alienated from the justice system. There are countless examples of that.
One organisation, which deals almost exclusively with BAME individuals, has said that there is a lack of support for female survivors of domestic abuse to attend court. Even in cases in which it is known that someone’s first language is not English, important documents such as citation letters are sent to them only in English instead of in their mother tongue.
Another organisation, which deals with deaf clients, has told me that there is a general lack of understanding of the challenges that are faced by deaf people in the justice system. The organisation spoke to me about cases where deaf victims of assault or rape have had to wait days, or even weeks, before being able to speak to the police about what happened to them, all because of problems with finding an interpreter in time. That is just one example.
I welcome the cabinet secretary’s commitment to a person-centred approach and to ensuring that the justice system is there for all, no matter people’s background or whether they have a disability. The overall message is clear: when it comes to justice, a one-size-fits-all approach simply does not work and there is much work to be done before we have the justice system that victims deserve. The SNP has consistently broken promises to victims, meaning that victims are often left in the dark, without a voice, while the criminal roams free in their community.
We need bold and genuine reform to the current system. That must include punishments that truly reflect the harm that is inflicted on victims’ lives; giving victims the voice that they deserve; and ensuring that victims’ long-term safety is made the priority that it should long have been.
16:01