Criminal Justice Committee 12 March 2025 [Draft]
I will speak to Russell Findlay’s amendments, convener.
The amendments in the name of Russell Findlay would remove the establishment of a victims commissioner from the bill. Although the proposal is well intentioned, we already have seven different commissioners in Scotland, and the Finance and Public Administration Committee has said that creating a new commissioner
“has ... been seen as an ‘easy win’ for the ... Government”,
as the Government can show that it has done something
“without the need to provide oversight or ensure effectiveness.”
I believe that the same logic applies in this case.
Concern has also been expressed over the potential overlap between a victims and witnesses commissioner and the Children and Young People’s Commissioner Scotland. Despite the name of the proposed commissioner, they would have no power to champion or intervene in the individual cases of victims. That was highlighted by the chief executive of Rape Crisis Scotland, who expressed concern about managing the expectation that a victims commissioner would be able to help people directly.
We have heard from organisations such as Scottish Women’s Aid that do not support the creation of a victims commissioner because they fear that it will add another layer of bureaucracy and impact on victim support service budgets. If we had unlimited resource, that would be one thing, but we must be realistic. At a time when there is huge pressure on the public purse, it is hard to justify the cost of almost £1 million that would come with the establishment and office running costs of a victims commissioner who will not be able to directly help individual victims.
As Scottish Women’s Aid and the Finance and Public Administration Committee have said, that money would be better spent both on improving front-line services and on practical measures that would directly benefit individual victims and witnesses. However, I know that the committee is likely to support the establishment of the victims commissioner, so my amendment 235 offers an alternative to ensure that the commissioner does an effective job in the way that victims deserve. It would sunset the office after five years unless the Scottish Parliament votes to make the role permanent before that time. That was recommended by this committee, which said:
“If ... a Commissioner post is to be established, ... we recommend that in the first instance it should be for a time-limited period in order to allow for an assessment to be made of the value of the role.”
I hope, therefore, that the Government will support my amendment to ensure that the commissioner is acting in the interests of victims.
I move amendment 1.
09:45