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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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1999–2026
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Showing 60 of 2,096,445 contributions. Latest 30 days: 3,975. Coverage: 12 May 1999 — 11 Jun 2026.
Adam Tomkins (Glasgow) (Con) Con Chamber
17 Mar 2021
Domestic Abuse (Protection) (Scotland) Bill
This is the last speech that I shall make to the chamber, so I hope that the Presiding Officer will forgive me if I offer a few remarks not only on the bill that we are about to pass but on one or two broader matters. The Domestic Abuse (Protection) (Scotland) Bill is an impo...
The Convener Con Committee
16 Mar 2021
Justice Sub-Committee on Policing (Report Back)
It is very kind of you to say so, Liam. Thank you very much. I also want to put on record my tribute to Margaret Mitchell, who has been deputy convener of the Justice Sub-Committee on Policing and a long-standing convener of the Justice Committee. I am sure that we all wish h...
The Convener Con Committee
16 Mar 2021
Justice Sub-Committee on Policing (Report Back)
Thank you very much, John. No member has indicated that they have questions. I wish to thank John Finnie, both formally and personally, for his outstanding work in chairing the Justice Sub-Committee on Policing. He and all the sub-committee’s members have made a tremendous co...
The Convener Con Committee
16 Mar 2021
Justice Sub-Committee on Policing (Report Back)
Our next agenda item is feedback from the Justice Sub-Committee on Policing, which recently held meetings on 1 and 15 March, on Brexit issues and with the new chair of the Scottish Police Authority respectively. I invite John Finnie to deliver a verbal report, after which memb...
The Convener Con Committee
16 Mar 2021
Subordinate Legislation
I am grateful to all members who have contributed to our discussion of the SSI. All those who have spoken are agreed that we should write, in quite strong terms, to the cabinet secretary, setting out the committee’s concerns and reservations. That concludes our consideration ...
The Convener Con Committee
16 Mar 2021
Subordinate Legislation
As I understand it, the committee does not have an opportunity to vote against it today, as these are negative, not affirmative, instruments. If any member wanted to push the instruments to a vote, they would need to lodge a motion to that effect, which would then be debated i...
The Convener Con Committee
16 Mar 2021
Subordinate Legislation
I do not always agree with Mr Finnie, but I associate myself with every one of those remarks. When I read the correspondence from the Howard League, I was quite disturbed that this sort of measure is being dealt with by a negative instrument. It is absolutely not our place to ...
The Convener Con Committee
16 Mar 2021
Subordinate Legislation
That is all on the record, and we can certainly draw it to the attention of the minister’s officials, if that would reassure you, Liam. That concludes members’ comments on the instrument. We move on to the prisons and young offenders institutions rules.
The Convener Con Committee
16 Mar 2021
Subordinate Legislation
On what the committee can do, procedurally, given that these are negative instruments, if any member wanted to object, they would have to lodge a motion to annul the instruments with the chamber office. The committee would then have to schedule an additional meeting to discuss...
The Convener Con Committee
16 Mar 2021
Subordinate Legislation
Agenda item 2 is consideration of three negative statutory instruments. I refer members to the relevant paper in our pack, which is a note on the instruments by the clerk. I refer members to correspondence that we have received from the British Fireworks Association and the Ho...
The Convener (Adam Tomkins) Con Committee
16 Mar 2021
Decision on Taking Business in Private
Good morning, and welcome to the 10th meeting in 2021 of the Justice Committee. This is our final meeting of the parliamentary session. We have received apologies from Rona Mackay, our deputy convener, who is unwell. I wish her a full and speedy recovery and place on record, ...
Adam Tomkins (Glasgow) (Con) Con Chamber
11 Mar 2021
Hate Crime and Public Order (Scotland) Bill
I thank Liam McArthur, John Finnie and Rona Mackay for their kind and generous remarks. The Hate Crime and Public Order (Scotland) Bill is a much-changed piece of legislation compared with the bill that we first debated in the chamber last September. On that occasion, my Cons...
Adam Tomkins (Glasgow) (Con) Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
It has been clear for months that, notwithstanding all the criticisms that have been made about the Hate Crime and Public Order (Scotland) Bill, a majority of MSPs support the proposed legislation, it will pass at stage 3 tonight and it will be enacted into law. In all my inv...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
There are two things that we can do. The other thing, of course, is to do what Neil Findlay suggested, which is the same as what Liam Kerr suggested all the way back in September, and take the bill off the table. We will all have a choice, whether it is tonight or tomorrow, to...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
If I am permitted to, I will.
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
That is the point that I was going to close on. It was addressed very powerfully by someone else with whom I do not always agree, Sandra White. She said that much of the answer to this will depend on police training. The police must be appropriately trained about the parameter...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
What is in the amendment is hateful in that member’s subjective opinion, but that does not make it a hate crime or make it criminal. Any of us can throw around accusations or allegations of transphobia or of any other kind of phobia, but that does not make it criminal. In or...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
Yes, I think that it is, but that is not my amendment. However, I have to say that, as I leave the Parliament, I am troubled that members of the Parliament are themselves troubled by amendments that seem to me to be innocent, such as Johann Lamont’s amendments. To answer Mr M...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
I will try, Presiding Officer, but this is a hell of a debate to try to respond to and to wind up. It has been an extraordinary and outstanding debate. As everybody knows, I am shortly to leave the Parliament and am not seeking re-election. I have had my criticisms of things t...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
I completely agree, which is exactly why I am moving my amendment. Relying on the idea of a reasonable person is essential, but it is not enough. In addition to that, we need to specify in the bill exactly what we mean. What we mean is that, just because someone is offended by...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
That is exactly the position of the Scottish Conservatives—I welcome Mr Findlay aboard. That would be the effect of amendment 6, which was moved by my friend and colleague Liam Kerr and was debated in the previous group. Amendments 1 to 3 are three different ways of achieving...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
Those questions go to the heart of the issue and I very much welcome the fact that we are having the debate here today. I want to address those questions. If you want to argue—or even to campaign robustly—for women’s sex-based rights, or to argue that sex is immutable or is b...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
I certainly accept that some women have forcefully expressed that view on social media and elsewhere, and I will go on to address it directly in my remarks. Essential though that change of reasonableness is, and welcome as it is, even that does not go far enough to ensure tha...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
We come now to the core issue that the bill confronts. I fear that, despite what you have just said, Presiding Officer, my remarks might take some time. However, I hope that members will feel that they can speak freely about the issue. The core issue is how to legislate effec...
Adam Tomkins Con Chamber
10 Mar 2021
Hate Crime and Public Order (Scotland) Bill: Stage 3
I fear that the cabinet secretary, no doubt inadvertently, is mischaracterising the nature of amendment 5. It is perfectly clear from the wording of the amendment that if anybody invites members of the public who are not members of their family into their home for a meeting ab...
The Convener Con Committee
02 Mar 2021
Subordinate Legislation
It has been a helpful debate. A number of members have made comments about the issues pertaining to legal aid generally, although not so much about the regulations as such. Are members content not to make any formal comments to Parliament on the specific instrument but for th...
The Convener Con Committee
02 Mar 2021
Subordinate Legislation
Thank you—I would like that to be reflected in the legacy report. I have not been a member of the Justice Committee for long, but I recall that the costs of civil justice was one issue that we discussed in the context of the Defamation and Malicious Publication (Scotland) Bill...
The Convener Con Committee
02 Mar 2021
Subordinate Legislation
The next item of business is consideration of a negative instrument. I refer members to the relevant paper in our pack, which is a note by the clerk, and to a letter from the Law Society of Scotland, which is among the papers. Annabelle Ewing and Liam Kerr do not need to repea...
The Convener Con Committee
02 Mar 2021
Petitions
I am grateful to colleagues for what has been a very helpful debate. My sense of the discussion is that members of the committee do not feel as strongly about this petition as they did about the previous one. Some modest and minor disagreement has been expressed about whether ...
The Convener Con Committee
02 Mar 2021
Petitions
Annabelle Ewing has asked me to remind members that, like Liam Kerr, she is a member of the Law Society of Scotland, although, again, like Liam Kerr, she has never been—not yet, at least—on the bench. Thank you, Annabelle.
The Convener Con Committee
02 Mar 2021
Petitions
Thank you, Annabelle. The Official Report will not show this, but I was nodding vigorously as you commented on the fundamental importance of the independence of the judiciary as a tenet of the separation of powers. That is the principle that should be front and centre when we ...
The Convener Con Committee
02 Mar 2021
Petitions
The second of the petitions before us is PE1458, which concerns a register of judicial interests. The petition, from Peter Cherbi, calls on the Scottish Parliament to urge the Scottish Government to create a register of pecuniary interests of judges bill or to amend the presen...
The Convener Con Committee
02 Mar 2021
Petitions
I do not think that we will need to vote to keep it open, because I have not heard anyone dissenting from that view. To summarise the position, there has been a very clear steer from every committee member who has spoken on the petition that it should remain open for all of t...
The Convener Con Committee
02 Mar 2021
Petitions
As I understand it—I am happy to be corrected if I am wrong—the petition calls on the Scottish Parliament to urge the Scottish Government to open an independent inquiry. I am not sure that much is being asked of us at this point, short of keeping that matter alive. As I unders...
The Convener Con Committee
02 Mar 2021
Petitions
Indeed. I do not think that I should comment on that.
The Convener Con Committee
02 Mar 2021
Petitions
That is helpful.
The Convener Con Committee
02 Mar 2021
Petitions
That is helpful.
The Convener Con Committee
02 Mar 2021
Petitions
That is helpful. For the record, the petition was first lodged in November 2010, so it might predate even John Finnie’s membership, if he has been a member of the committee since 2011. More importantly, it needs to be pointed out that neither the committee nor the Parliament h...
The Convener (Adam Tomkins) Con Committee
02 Mar 2021
Petitions
Good morning, and welcome to the Justice Committee’s ninth meeting in 2021. Our first agenda item is consideration of two public petitions that remain open as we approach the end of the parliamentary session. I refer members to the relevant papers. PE1370, on the Lockerbie in...
Adam Tomkins (Glasgow) (Con) Con Chamber
02 Mar 2021
Defamation and Malicious Publication (Scotland) Bill: Stage 3
I have the greatest respect for Andy Wightman’s knowledge and experience of the law of defamation, but I am afraid that I do not agree with his arguments today, which are identical to his arguments at stage 2, when his amendments were either not pressed or, if they were presse...
Adam Tomkins (Glasgow) (Con) Con Chamber
02 Mar 2021
Defamation and Malicious Publication (Scotland) Bill
As we have heard, the bill, which originated in the work of the Scottish Law Commission, puts the Scots law of defamation on a statutory footing that is fit for the 21st century. In doing so, it addresses and balances two competing rights—the right to freedom of expression and...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
I invite the committee to agree to delegate to me the publication of a short factual report on our deliberations on both the affirmative SSIs that we have considered today. That concludes the public part of the meeting. Our next meeting is scheduled to take place a week today...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
The result of the division is: For 7, Against 2, Abstentions 0. Motion agreed to.
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
There will be a division. For Ewing, Annabelle (Mid Scotland and Fife) (SNP) Finnie, John (Highlands and Islands) (Green) Grant, Rhoda (Highlands and Islands) (Lab) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Rona (Strathkelvin and Bearsden) (SNP) McArthur...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
The question is, that motion S5M-24033, in the name of Humza Yousaf, be agreed to. Are we agreed? Members: No.
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
We move to formal consideration of motion S5M-24033. I ask the cabinet secretary to move the motion. Motion moved, That the Justice Committee recommends that the Community Orders (Coronavirus) (Scotland) Regulations 2021 draft be approved.—Humza Yousaf
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
We do not often have such a lengthy debate on an affirmative SSI, but the question that has been puzzling me as I have been listening to the debate is: given that this situation was wholly predictable, why has the budget for criminal justice social work been frozen? Perhaps th...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
Four members have indicated that they have questions. If I may, I will take all the questions before coming back to the cabinet secretary to allow him to respond to them.
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
We move to item 6, which is consideration of another affirmative instrument. I refer members to the relevant paper in their pack, and to the letters from the Howard League Scotland and Dr Hannah Graham. I invite the cabinet secretary to make a brief opening statement on the in...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
No other member of the committee has indicated that they wish to ask any questions or make any comments, so we move straight to item 5, which is the formal business in relation to the instrument. Motion moved, That the Justice Committee recommends that the Criminal Justice (...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
Cabinet secretary, can you explain why the Scottish Government is using the process that it appears to be using? I am not sure that I fully understand the technical implications of the issue, but the Delegated Powers and Law Reform Committee has drawn it to this committee’s at...
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
Yes, please.
The Convener Con Committee
23 Feb 2021
Subordinate Legislation
We have two more public pieces of business to transact this morning, before we move into private to consider our last remaining item. Those two remaining pieces of public business are to consider two affirmative Scottish statutory instruments, the first of which is the draft C...
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
That ends stage 2 consideration of the bill. The bill will now be reprinted as amended at stage 2, and that version will be published tomorrow morning. The Parliament has not yet determined when stage 3 will be held, but members will be informed of the date in due course, and ...
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
As no other member has indicated that they wish to speak on amendment 53, I invite the cabinet secretary to respond.
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
The final group of amendments to be debated is on Scottish secure tenancies in cases involving abusive behaviour. Amendment 53, in the name of Rhoda Grant, is the only amendment in the group.
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
The result of the division is: For 1, Against 8, Abstentions 0. Amendment 52 disagreed to. Section 18 agreed to. After section 18
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
There will be a division. For Grant, Rhoda (Highlands and Islands) (Lab) Against Ewing, Annabelle (Mid Scotland and Fife) (SNP) Finnie, John (Highlands and Islands) (Green) Kerr, Liam (North East Scotland) (Con) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay,...
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
The question is, that amendment 52 be agreed to. Are we agreed? Members: No.
The Convener Con Committee
23 Feb 2021
Domestic Abuse (Protection) (Scotland) Bill: Stage 2
Amendment 52, in the name of Rhoda Grant, is in a group on its own.
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Chamber

Meeting of the Parliament (Hybrid) 17 March 2021

17 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Domestic Abuse (Protection) (Scotland) Bill

This is the last speech that I shall make to the chamber, so I hope that the Presiding Officer will forgive me if I offer a few remarks not only on the bill that we are about to pass but on one or two broader matters.

The Domestic Abuse (Protection) (Scotland) Bill is an important measure that adds to Scotland’s cutting-edge laws on domestic abuse. When, once again, violence against women is much in the news and our thoughts, it is timely.

I welcome the bill. The Justice Committee has been anxious to ensure that the provisions in the bill will be practical and of real use to those, especially in Police Scotland, who will have to make the new powers work. We have also been concerned to ensure that the provisions will operate compatibly with convention rights.

This is the third Government bill in quick succession that the Justice Committee has examined, following hard on the heels of the Defamation and Malicious Publication (Scotland) Bill and, of course, the Hate Crime and Public Order (Scotland (Bill). All three bills touch directly on our fundamental human rights; all three make significant changes to the law; and all three have found the Justice Committee working hard together, across the parties, to agree reports that, I hope, have improved the quality and effectiveness of the Parliament’s legislation.

I have been the convener of the Justice Committee for a short time only, but I have enjoyed it immensely. Despite, in the end, not being able to vote for all the legislation that we have examined, I am proud of the work that the committee has done while I have served as its convener.

Parliaments exist to do three things: represent the interests of our constituents in debates on matters of public importance, hold the Government to account and make legislation. I have been studying and writing about Parliaments all my adult life, I have been a member of this Parliament for five years and, before that, I was an adviser to the House of Lords for six years. It was in the House of Lords where I saw at first hand what parliamentarians could do to improve laws, even if they were not in sympathy with the political preferences of the Government of the day. I tried to apply those lessons to my practice as a parliamentarian here.

As I look back on the past five years, I remember the work that my colleagues and I did at the beginning of the session with Pauline McNeill and Alison Johnstone to make the Child Poverty (Scotland) Bill stronger; the work that we did with Lewis Macdonald to make the Planning (Scotland) Act 2019 stronger; and the work that Bruce Crawford and I did with the Finance and Constitution Committee on the common frameworks that the United Kingdom internal market needs now that we have left the European Union. Turning to more recent matters, I will long remember the work that I did with Liam McArthur, my good friend Liam Kerr and other members on the Hate Crime and Public Order (Scotland) Bill to make it, if not stronger, then a lot less dangerous than it would otherwise have been.

Child poverty, planning law, common frameworks and hate crime—that is a broad range of subjects, but there is one common thread: all were examples of cross-party working. Better together is the name of the campaign that first brought me into Scottish politics, and nothing that I have seen or heard in the past 10 years has made me change my mind about that. We are better when we work together, and we make better laws together.

When it comes to the other key function of Parliament, which is holding the Government effectively to account, I am afraid that the Scottish Parliament still leaves a great deal to be desired. It is not because we lack powers—it is more disturbing than that; it is because too many of us lack the will to use them.

However, today’s debate is not about holding the Government to account but about making law. The Domestic Abuse (Protection) (Scotland) Bill is, I hope, good law. It will help to make women safer; it will help Police Scotland to tackle the scourge of domestic violence; it will be useful on the ground; and it will be compatible with the European convention on human rights. I am glad to have played a small role in making it. I commend it to the chamber and I look forward to voting for it at decision time.

17:58  

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
The next item of business is a debate on motion S5M-24381, in the name of Ash Denham, on the Domestic Abuse (Protection) (Scotland) Bill.
The Cabinet Secretary for Justice (Humza Yousaf) SNP
As is customary, I open the debate by thanking all those who worked hard to get us to this place and to get the bill into shape for stage 3. First, I thank m...
Liam Kerr (North East Scotland) (Con) Con
The cabinet secretary talked about the statistics and homelessness. Earlier, I looked at the Scottish Government’s forthcoming publications. I might be missi...
Humza Yousaf SNP
If the member will forgive me, I will take a look at that and get back to him before the end of the session. The powers that are provided in the bill are si...
Liam Kerr (North East Scotland) (Con) Con
I confirm that the Scottish Conservatives will vote in favour of the Domestic Abuse Protection (Scotland) Bill at decision time tonight. We share the chamber...
Neil Bibby (West Scotland) (Lab) Lab
Like the cabinet secretary, I wish to thank all the people and organisations who have contributed to the bill. The shocking and brutal death of Sarah Everard...
John Finnie (Highlands and Islands) (Green) Green
My thanks go to all the people who have brought us to this point. As colleagues have said, they are many in number, and their contributions have all been ver...
Liam McArthur (Orkney Islands) (LD) LD
I start where John Finnie ended: I declare an interest as an ambassador for White Ribbon Scotland Orkney. Recent events have provided a graphic reminder of ...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
It gives me great pleasure to speak in the debate as a member of the Justice Committee, which has been involved in the bill process at all stages. The bill i...
James Dornan (Glasgow Cathcart) (SNP) SNP
I am delighted to take part in today’s incredibly important stage 3 debate—all the more so because improving support for survivors of domestic abuse is a sub...
The Deputy Presiding Officer SNP
The final contribution in the open debate is from Alex Neil. This is Mr Neil’s final speech in the chamber. 17:42
Alex Neil (Airdrie and Shotts) (SNP) SNP
Thank you very much. As the Deputy Presiding Officer said, this is, after 22 years, my final speech to Parliament as an MSP, before I step down in May. Unti...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I thank committee clerks and staff, SPICe and the legislation team, who helped the committee to scrutinise the bill and to frame amendments that I believe im...
Adam Tomkins (Glasgow) (Con) Con
This is the last speech that I shall make to the chamber, so I hope that the Presiding Officer will forgive me if I offer a few remarks not only on the bill ...
Humza Yousaf SNP
As other members have already said, the Parliament is at its best when we unite. We do not pursue false consensus for the sake of it but, when we believe tha...
Ruth Maguire (Cunninghame South) (SNP) SNP
As the cabinet secretary makes his remarks, it strikes me that, over the past five years, almost every time that a woman is murdered or something terrible ha...
Humza Yousaf SNP
Yes; it has been like that not only for years or decades but for centuries and perhaps for even longer than that. As she spoke, I sensed Ruth Maguire’s right...
The Deputy Presiding Officer SNP
The concludes the debate on the Domestic Abuse (Protection) (Scotland) Bill.