Hansard

The Convener Con

Item 2 is an evidence session on the Commissioner for Victims and Witnesses (Scotland) Bill.The Commissioner for Victims and Witnesses (Scotland) Bill was in...

David Stewart (Highlands and Islands) (Lab) Lab

I thank you very much for your kind introduction, convener, and I thank members of the committee for inviting me to speak in this legacy hearing.As members w...

The Convener Con

Thank you for that helpful opening statement. I commend you for your efforts in getting the bill as far as you have done.

Bill Butler (Glasgow Anniesland) (Lab) Lab

Good morning, Mr Stewart. Thank you for coming to speak with us this morning. You have ably summarised for the committee some of the issues that led you to i...

David Stewart Lab

I will deal with the last question first. If re-elected, I am committed to reintroducing the bill. I understand that, if the content does not change substant...

Bill Butler Lab

Thank you—that is clear.

Dave Thompson (Highlands and Islands) (SNP) SNP

Good morning, Mr Stewart, and congratulations on taking the bill as far as you have. It is unfortunate that we have run out of time and that we were not able...

David Stewart Lab

Following my experience in dealing with Louise Casey and Sara Payne, I think that the key point is to have an independent champion, whose work does not dupli...

Dave Thompson SNP

You mention the commissioner having a small staff. Do you have any views about how small or how large the staff complement would be in the commissioner’s off...

David Stewart Lab

We carefully considered the financial resolution, under which we are required to identify staff and costings. It is a difficult matter. There is a market rat...

Stewart Maxwell (West of Scotland) (SNP) SNP

When you were answering questions from Mr Thompson, you said that the commissioner would be a champion for victims and witnesses. That is laudable, and we wo...

David Stewart Lab

You have probably identified six key functions, both from the bill and from my opening remarks, and I ensured that there was no real overlap or duplication b...

Stewart Maxwell SNP

I certainly agree that the situation is not perfect. Yesterday, I had a meeting with Victim Support Scotland in Renfrewshire, so I understand some of the com...

David Stewart Lab

I stress that the proposal is not something that I have just dreamed up. The key point is that the proposal came from Victim Support Scotland’s manifesto, an...

Cathie Craigie (Cumbernauld and Kilsyth) (Lab) Lab

Various organisations already provide dedicated services and support for victims and witnesses in Scotland. Indeed, in your opening statement, you said that ...

David Stewart Lab

No. Clearly, we are never going to have a perfect system of criminal justice. I live in the real world and I understand that. The key point is that the model...

Cathie Craigie Lab

Some constituents of mine who have been victims of crime have expressed concern about the fact that someone who has been found guilty of the offence has serv...

David Stewart Lab

Most definitely. That is a good example of the kind of thing that the commissioner would be involved in, and concerns the creation of best practice. Constitu...

James Kelly (Glasgow Rutherglen) (Lab) Lab

You mentioned the support that a victims commissioner could give to rape victims. Are there any other areas that are not currently being addressed by those w...

David Stewart Lab

Most definitely. Members will have seen the Victim Support Scotland manifesto, which has a series of well-argued points. A couple of issues in particular mus...

James Kelly Lab

You said that you had had discussions with Louise Casey, the commissioner in England and Wales, and one of the commissioners in Northern Ireland. What lesson...

David Stewart Lab

The discussions have reinforced my impression that there is a need for Scotland to have a commissioner. Although devolution means that we can do things diffe...

Stewart Maxwell SNP

I want to follow up on the issue of duplication that Cathie Craigie raised and which I touched on earlier.I have read Victim Support Scotland’s manifesto, an...

David Stewart Lab

I stress that the commissioner is a policy idea of Victim Support Scotland, which believes that it is a good idea. No existing body has the exclusive or all-...

Stewart Maxwell SNP

Under your bill, would the commissioner have the power to investigate individual cases?

David Stewart Lab

No. The reason for that is that I am keeping an eye on resources. If unlimited funds were available, that would be a good idea. Instead, the commissioner wou...

Stewart Maxwell SNP

There would be a general investigation if a system failure was identified or came to the fore.

David Stewart Lab

Yes. Obviously, I expect the commissioner, which would be a high-powered post, to use their common sense and judgment. If they had a series of cases with a c...

Stewart Maxwell SNP

Apart from the power to require witnesses to appear and the reporting to Parliament, could a slightly beefed up Victim Support Scotland not conduct or commis...

David Stewart Lab

To conclude on your question about investigation, which is where we started, the key power that no other body has would be the power to investigate complaint...