Hansard

I am pleased to have the opportunity to speak in the debate.

The Scottish Conservatives will vote against the principles of the Culpable Homicide (Scotland) Bill at decision time, but that phrase is interesting, because I have sympathy with the principles of the bill and with those who have lost loved ones.

Claire Baker, who introduced the bill, did so on the basis—the principle, if you like—that a person or organisation that causes a death can be found guilty of a suitable offence and to make clear who is responsible. The policy memorandum is succinct that its intention is to make clear in statute, although not in substitution for the common law offence of culpable homicide, what the offence is, what its elements are and who may be liable. That, the member says, would

“reflect the moral opprobrium that society attaches to taking a life”

while driving behaviour change, particularly in relation to safer working environments for employees. That is admirable, but we cannot vote the bill forward today.

First, the member knows that I am deeply uncomfortable with the legislative timetable in the justice portfolio and its impact on our ability to scrutinise proposed legislation. The convener described the committee as “awash” with legislation, and he is right. The Justice Committee felt unable to make a recommendation to the Scottish Parliament on the general principles of the bill, because we had only one meeting in which to review it. In that meeting, we heard from only the member and one other about a bill that, in its effect, could be groundbreaking and would require the utmost care.

There is very limited time left for consideration and scrutiny in this session and I cannot countenance voting something of such import through.

Secondly, on 1 June 2020, the Deputy Presiding Officer issued a clear and unambiguous statement:

“In my view, the provisions of the Culpable Homicide (Scotland) Bill would not be within the legislative competence of the Scottish Parliament.”

On the same day, the member said that it was her view that the bill would fall within legislative competence, but, in contrast to the DPO, she gave no reason for her view.

I also have regard to the cabinet secretary’s letter of 12 January, in which he persuasively contends that the bill is not within competence and raises the concern that, were the bill to pass, there could be a successful challenge. He set out the implications of that in his speech just now.

Others will look in detail at the policy concerns inherent in the bill, including the significant danger of unintended consequences, so I shall finish by simply referencing the Scottish Law Commission’s review.

I remind members that I am a practising solicitor with membership of the Law Society of Scotland. I find myself in agreement with the Law Society’s view that, although a considered and detailed review of the law on culpable homicide is necessary, that already forms part of the work that is currently being undertaken by the SLC with its review on homicide.

The Law Society reassures us that when the SLC report is issued, it will provide a set of recommendations and a collection of evidence upon which to proceed with the reform of the law in this area. As well as providing authority and ensuring legislative competence, that would avoid a piecemeal approach to amending the crime of culpable homicide.

I understand the member’s view that it has taken some time and that, even following the report, there will be a time delay until legislation. However, I cannot help but conclude that the SLC is the best and most appropriate body to be considering the matter, in order that when the Parliament comes to consider any bill, it will do so in the context of a full review that deals with any legislative competence issues, and it will be easy to challenge any criticisms of a piecemeal reform.

In summary, the Scottish Conservatives have sympathy with the families who have lost a relative at the workplace and appreciate the member’s intentions, but we will vote against the principles of the bill at decision time.