Hansard

The Convener SNP

Agenda item 2 is day 3 of stage 2 proceedings on the Criminal Justice (Scotland) Bill. I welcome to the meeting the Cabinet Secretary for Justice, Michael Ma...

The Convener SNP

Amendment 223, in the name of the cabinet secretary, is grouped with amendments 224 to 229, 229A, 230, 230A, 231, 232, 232A, 233, 233A, 233B, 50, 51, 51A, 52...

The Cabinet Secretary for Justice (Michael Matheson) SNP

Good morning. I thank the committee for altering the normal order of consideration of amendments. As members know, the advisory group on stop and search was ...

The Convener SNP

I thank the cabinet secretary for a very comprehensive trip round all the amendments. I think that members received some explanatory notes in advance, which ...

Alison McInnes (North East Scotland) (LD) LD

I will speak to most of the amendments in the group, if you will bear with me, convener. For 18 months, I was repeatedly told by the Scottish Government tha...

John Finnie (Highlands and Islands) (Ind) Ind

Stop and search did not use to be a problem. There were all the statutes that could be invoked on stop and search and there was a lot of statutory guidance a...

The Convener SNP

It is still early and already you are falling apart.

John Finnie Ind

I know. Forgive me, convener. I will not repeat much of what my colleague Alison McInnes has said, but I am certainly grateful for the movement that has bee...

Elaine Murray (Dumfriesshire) (Lab) Lab

Labour members also welcome the progress that has been made on stop and search and the move to putting it on to a statutory basis. However, I invite the cabi...

Margaret Mitchell (Central Scotland) (Con) Con

I am happy to support the cabinet secretary’s amendment on stop and search, which reflects the recommendation of the review committee chaired by John Scott. ...

Roderick Campbell (North East Fife) (SNP) SNP

I have heard the point that has been made about amendment 229A being prescriptive but, for me, the important point is that Parliament will have the opportuni...

Michael Matheson SNP

I am grateful for the comments that various committee members have made. The intention behind amendment 226 is not to pre-empt anything. Instead, it creates...

The Convener SNP

The question is, that amendment 226 be agreed to. Are we agreed?

Alison McInnes LD

No.

The Convener SNP

There will be a division. For Allard, Christian (North East Scotland) (SNP) Campbell, Roderick (North East Fife) (SNP) Finnie, John (Highlands and Island...

The Convener SNP

The result of the division is: For 8, Against 1, Abstentions 0. Amendment 226 agreed to. Amendments 227 and 228 moved—Michael Matheson—and agreed to. Amen...

The Convener SNP

The question is, that amendment 229A be agreed to. Are we agreed? Members: No.

The Convener SNP

There will be a division. For Finnie, John (Highlands and Islands) (Ind) McDougall, Margaret (Central Scotland) (Lab) McInnes, Alison (North East Scotlan...

The Convener SNP

The result of the division is: For 5, Against 4, Abstentions 0. Amendment 229A agreed to. Amendment 229, as amended, agreed to. Amendment 230 moved—Michae...

The Convener SNP

The question is, that amendment 52 be agreed to. Are we agreed? Members: No.

The Convener SNP

There will be a division. For Finnie, John (Highlands and Islands) (Ind) McDougall, Margaret (Central Scotland) (Lab) McInnes, Alison (North East Scotlan...

The Convener SNP

The result of the division is: For 5, Against 4, Abstentions 0. Amendment 52 agreed to. Section 1—Power of a constable

The Convener SNP

Amendment 111, in the name of the cabinet secretary, is grouped with amendments 112 and 37.

Michael Matheson SNP

I will deal first with amendments 111 and 112, both of which are relatively minor, before turning to amendment 37 and the proposed definition of arrest. Ame...

The Convener SNP

So far so good.

Michael Matheson SNP

Part 1 is, in a sense, an extended definition of arrest. It sets out who can exercise the power of arrest, the grounds for doing so, the rights of the person...

The Convener SNP

I call Elaine Murray to speak to amendment 37, in the name of John Pentland.

Elaine Murray Lab

I just want to say a few words regarding amendment 37, in the name of my colleague John Pentland. I should point out that, despite the hilarity over the word...

The Convener SNP

I think that that is deuce.

Elaine Murray Lab

It was drafted by people who know what they are doing. However, as the cabinet secretary implied in his remarks, the reason why John Pentland lodged the ame...