Hansard

The Deputy Presiding Officer (John Scott) Con

The next item of business is a debate on motion S4M-07791, in the name of Margaret Mitchell, on corroboration. We are extremely tight for time so the member ...

Margaret Mitchell (Central Scotland) (Con) Con

In support of his recommendation to abolish corroboration, Lord Carloway described it as“an archaic rule that has no place in a modern legal system”.That ass...

The Cabinet Secretary for Justice (Kenny MacAskill) SNP

The member will be aware that Lord Carloway said that, in his extensive research, he could find no other jurisdiction in western Europe or indeed the Commonw...

Margaret Mitchell Con

The fact that no other jurisdiction has corroboration is not sufficient reason to abolish it here. I find that a bizarre argument. The use of the word archai...

Margo MacDonald (Lothian) (Ind) Ind

Would it be possible to find out whether everyone who speaks agrees with going to a new set of verdicts—proven and not proven?

Margaret Mitchell Con

No doubt they will make their position clear. My view is that, if corroboration was abolished, it would strengthen the argument for keeping a not proven verd...

Kevin Stewart (Aberdeen Central) (SNP) SNP

One of the things that concerns me about all of this is that, in considering 141 sexual offence cases that were dropped between July and December 2010, the C...

Margaret Mitchell Con

I understand and sympathise with the member’s view. Perhaps I will be able to offer some comfort as I develop my argument.The comments that I have highlighte...

Kenny MacAskill SNP

Will the member give way?

Margaret Mitchell Con

I have been very generous with interventions. If the cabinet secretary does not mind, I will develop my argument.The Parliament’s cross-party group on adult ...

The Cabinet Secretary for Justice (Kenny MacAskill) SNP

I welcome the opportunity to respond to the motion on the proposal to abolish the general requirement for corroboration in criminal cases. That proposal is a...

Margaret Mitchell Con

Will the cabinet secretary confirm that the Scottish Human Rights Commission is against abolition? Does he have any concern that the testimony of one witness...

Kenny MacAskill SNP

Yes, I would have concerns if it was simply the testimony of one witness, but the Lord Advocate has given clear guidance that that will not be the test. That...

Margo MacDonald Ind

Will the cabinet secretary give way?

Kenny MacAskill SNP

Not at the moment.I remain in complete agreement with the damning conclusion that Lord Carloway reached. He said:“the requirement of corroboration should be ...

Graeme Pearson (South Scotland) (Lab) Lab

Will the cabinet secretary acknowledge that the views and recommendations of the senators of the College of Justice are somewhat different and that to accept...

Kenny MacAskill SNP

We are not simply accepting the views solely of Lord Carloway. Views have been contributed by Police Scotland, the Crown, Victim Support Scotland, Scottish W...

Margo MacDonald Ind

Will the cabinet secretary give way?

Kenny MacAskill SNP

Not at the moment.The law on corroboration has been debated for the past three years, and at no point has anyone identified another system operating a genera...

Margo MacDonald Ind

Will the cabinet secretary take an intervention?

Kenny MacAskill SNP

Sorry, but I am running short of time.At the very least, the abolition of the requirement for corroboration will allow crimes committed in private, where the...

Elaine Murray (Dumfriesshire) (Lab) Lab

One of the most important functions of the committees of this Parliament is to scrutinise legislation that is proposed by the Scottish Government; it is a ro...

Margaret Mitchell Con

Is that not an argument for taking the issue of corroboration out of the committee process and having a wide and independent debate on it now?

Elaine Murray Lab

No, I do not think that it is. There have been many controversial provisions in Government bills over the years, but they have gone through the committee pro...

Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP

Will the member take an intervention?

Elaine Murray Lab

I am sorry; I only have five minutes.Removal of the requirement for corroboration would theoretically permit cases to go to court on the evidence of one witn...

Kevin Stewart SNP

Will the member give way?

Elaine Murray Lab

No. I am sorry, but I only have five minutes and I am halfway through.Supporters of abolition argue that the proving of guilt would be dependent on the quali...

The Deputy Presiding Officer Con

We move to the open debate. We are extraordinarily tight for time. Members have up to four minutes.15:03

Sandra White (Glasgow Kelvin) (SNP) SNP

I will try to be as quick as possible, Presiding Officer. Margaret Mitchell said that we should not be looking at corroboration within the Criminal Justice (...