Chamber
Meeting of the Parliament 19 June 2013
19 Jun 2013 · S4 · Meeting of the Parliament
Item of business
Victims and Witnesses (Scotland) Bill: Stage 1
Labour is happy to support the Government’s motion and the general principles of the Victims and Witnesses (Scotland) Bill.
Earlier this year, at the Scottish Labour Party conference in Inverness, we were privileged to hear about Helen Richardson’s journey through the Scottish justice system as an immediate family member of a victim of crime. In 2010, Helen’s sister was murdered in her Angus home, which turned the lives of Helen and her family upside down.
During her powerful speech at the conference, Helen Richardson detailed her frustration as she moved through disjointed, confusing and protracted processes in the justice system at a time of great anxiety and grief. We cannot escape the need for people such as Helen to assist in the disposal of justice but, while recognising her duty to the justice system, we must also recognise our responsibility to provide victims and witnesses with the knowledge and support that they need.
We agree with the underpinning principles of the bill, but it does not go far enough in practice to offer the required level of support. For example, let us look at the measures to supply more information to victims and witnesses.
The bill seeks to improve the flow of information to victims and witnesses by placing a duty on the procurator fiscal, the Scottish Court Service and Police Scotland to disclose case-specific information. We acknowledge that those measures will make more information available, but the Crown Office has made it clear that information will be useful only if the victim or witness who receives it can understand it. Furthermore, changes such as those relating to victim statements in court or to victim and witness representations to the Parole Board will, while giving greater flexibility, inevitably demand more answers and decisions from victims and witnesses.
For that reason, Scottish Labour’s proposal for case companions is compelling. As a single point of contact, a case companion would be assigned to a victim or witness from the moment when they were identified and for as long as their interaction with the justice system lasted. They would be a central point of information and guidance, whether they were appointed as a third-party provider or internally in the justice system.
We believe that the provision of case companions would best embody the letter and spirit of the European Union directive that has brought us to the chamber today. That legislation states:
“Member States should consider developing ‘sole points of access’ or ‘one-stop shops’, that address victims’ multiple needs when involved in criminal proceedings, including the need to receive information, assistance, support, protection and compensation.”
Earlier this year, at the Scottish Labour Party conference in Inverness, we were privileged to hear about Helen Richardson’s journey through the Scottish justice system as an immediate family member of a victim of crime. In 2010, Helen’s sister was murdered in her Angus home, which turned the lives of Helen and her family upside down.
During her powerful speech at the conference, Helen Richardson detailed her frustration as she moved through disjointed, confusing and protracted processes in the justice system at a time of great anxiety and grief. We cannot escape the need for people such as Helen to assist in the disposal of justice but, while recognising her duty to the justice system, we must also recognise our responsibility to provide victims and witnesses with the knowledge and support that they need.
We agree with the underpinning principles of the bill, but it does not go far enough in practice to offer the required level of support. For example, let us look at the measures to supply more information to victims and witnesses.
The bill seeks to improve the flow of information to victims and witnesses by placing a duty on the procurator fiscal, the Scottish Court Service and Police Scotland to disclose case-specific information. We acknowledge that those measures will make more information available, but the Crown Office has made it clear that information will be useful only if the victim or witness who receives it can understand it. Furthermore, changes such as those relating to victim statements in court or to victim and witness representations to the Parole Board will, while giving greater flexibility, inevitably demand more answers and decisions from victims and witnesses.
For that reason, Scottish Labour’s proposal for case companions is compelling. As a single point of contact, a case companion would be assigned to a victim or witness from the moment when they were identified and for as long as their interaction with the justice system lasted. They would be a central point of information and guidance, whether they were appointed as a third-party provider or internally in the justice system.
We believe that the provision of case companions would best embody the letter and spirit of the European Union directive that has brought us to the chamber today. That legislation states:
“Member States should consider developing ‘sole points of access’ or ‘one-stop shops’, that address victims’ multiple needs when involved in criminal proceedings, including the need to receive information, assistance, support, protection and compensation.”
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-06987, in the name of Kenny MacAskill, on stage 1 of the Victims and Witnesses (Scotland) Bill.I call Mr ...
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
I am grateful for the opportunity to open the stage 1 debate on the Victims and Witnesses (Scotland) Bill and I thank the Justice Committee and the Health an...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
Is the cabinet secretary saying that the existing law is not compatible with the ECHR? What does he have to say to Scotland’s Commissioner for Children and Y...
Kenny MacAskill
SNP
We would not have laws in this country that were not compatible with the ECHR, because of the nature of how this Parliament is established. I can assure Mr C...
Jenny Marra (North East Scotland) (Lab)
Lab
Does the cabinet secretary share the concerns of organisations such as Scottish Women’s Aid that the challenge to the use of special measures may increase ci...
Kenny MacAskill
SNP
I do not believe so. I met Scottish Women’s Aid just recently and I believe that, overall, the bill will provide what such agencies clearly desire. However, ...
The Deputy Presiding Officer (Elaine Smith)
Lab
Cabinet secretary, could you come to a conclusion?
Kenny MacAskill
SNP
People should not be denied the opportunity of acknowledgement—they should not be denied that benefit.
Jenny Marra
Lab
Will the member take an intervention?
Kenny MacAskill
SNP
I am sorry; I have been asked to wind up.I welcome the wide support to date for both the justice and health elements of the bill. We are happy to discuss and...
The Deputy Presiding Officer
Lab
I call Christine Grahame, who will speak on behalf of the Justice Committee. Ms Grahame, you have nine minutes.15:25
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
As the Presiding Officer says, I speak in this debate on behalf of the Justice Committee, which was the lead committee considering the bill. However, I want ...
Christine Grahame
SNP
I hope that you are not going to challenge me—it is your report.
Jenny Marra
Lab
I am not going to challenge you, convener. The evidence that we heard from the victims of crime compellingly showed that people do not want to tell their sto...
The Deputy Presiding Officer
Lab
I remind members to speak through the chair.
Christine Grahame
SNP
The report states:“witnesses asked for continuity in the support provided across the system.”That is the important part. However, I think that we all agreed ...
The Deputy Presiding Officer
Lab
I call Duncan McNeil to speak on behalf of the Health and Sport Committee.15:34
Duncan McNeil (Greenock and Inverclyde) (Lab)
Lab
I, too, express my thanks and appreciation for all those who allowed us to do our job in support of the Justice Committee in considering the bill, with a par...
The Deputy Presiding Officer
Lab
Mr McNeil, you must conclude.
Duncan McNeil
Lab
Whether we call it a person-centred approach or the right thing to do, or say that it is not before time, action is necessary. We support the bill at stage 1...
Jenny Marra (North East Scotland) (Lab)
Lab
Labour is happy to support the Government’s motion and the general principles of the Victims and Witnesses (Scotland) Bill.Earlier this year, at the Scottish...
Christine Grahame
SNP
I simply want Jenny Marra to confirm her position, because she signed up to the words:“On balance, the Committee does not believe that a compelling case has ...
Jenny Marra
Lab
Committee reports are always agreed by the committee, but Scottish Labour thinks that there is a compelling case for case companions.Just as the Government i...
John Finnie (Highlands and Islands) (Ind)
Ind
Given the member’s strength of feeling on case companions, did she think about whether it would have been appropriate to have a minority entry put in the Jus...
Jenny Marra
Lab
As I said in response to the convener, committee reports are always agreed by the committee, and I think that we made our point in committee that we think th...
Bruce Crawford (Stirling) (SNP)
SNP
Will the member give way?
Jenny Marra
Lab
No.As I said, one area of concern that we have is about the bill’s monitoring and reporting procedures. Our concerns were raised during the committee’s evide...
Christine Grahame
SNP
Will the member give way?
Jenny Marra
Lab
No.
The Deputy Presiding Officer
Lab
The member is not giving way. Interruption. Can we have order, please?