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Chamber

Meeting of the Parliament (Virtual) 21 January 2021

21 Jan 2021 · S5 · Meeting of the Parliament
Item of business
Culpable Homicide (Scotland) Bill: Stage 1

I pay tribute to Claire Baker for the work that she has put into a member’s bill that deals with an important issue and means so much to families who are affected.

It is not the statistics that Claire quoted about increasing numbers of deaths in the past decade that affect us, but the stories and testimony behind those figures. Alex Rowley showed in his use of the FBU’s testimony that there is a gap in the law. People are dying at work, but companies are not being held responsible and families are left with nowhere to go. That is a clear failure.

Those who have argued against progressing the bill have made two points. One is about legal competence. I have studied the Presiding Officer’s statement and have listened to the cabinet secretary. However, Claire Baker and those who support the bill make the powerful point that it could be taken forward under section 29(4) of the Scotland Act 1998. We should explore that as part of our further consideration of the bill.

Some members have made points about a supposed lack of evidence and about timetabling. There is evidence. The issue goes back more than 15 years. A number of members have referred to the work that was done by Karen Gillon and continued by Richard Baker. There is already a formidable package of evidence.

Rhoda Grant pointed out that there is a question mark over the date of the election because of on-going restrictions that have been caused by the pandemic. It would be reasonable to accept the general principles of the bill at stage 1 in order to allow further consideration.

We have heard contributions from a number of members, including Liam Kerr and Humza Yousaf, who said that they are sympathetic to the principles of the bill but do not want to take it forward. That is not good enough. The issue has been around for more than 15 years. It is a failure of devolution that large companies go unprosecuted when fatal accidents happen at work. The Government and all parties should take more responsibility for that.

We have listened to the testimony of people who have been affected. Rhoda Grant quoted Louise Taggart and Claire Baker quoted Natalie Woods McKeown. It is a tragedy that someone can leave to go to work and never return home; it is terrible for their loved ones. It is not good enough for members and political parties to wring their hands and say that we do not have enough time, or that there are legal considerations or concerns.

Let us use the tine that we have to stand up and be a voice for those families. That is what Parliament is all about. Let us try to make a difference. Let us allow the bill to go to the next stage so that we can have further scrutiny and make it work.

I urge members to support the bill at decision time.

15:59  

In the same item of business

The Deputy Presiding Officer (Linda Fabiani) SNP
The next item of business is a debate on motion S5M-23917, in the name of Claire Baker, on the Culpable Homicide (Scotland) Bill at stage 1. I ask those who ...
Claire Baker (Mid Scotland and Fife) (Lab) Lab
I am very proud to be introducing this debate on the Culpable Homicide (Scotland) Bill today. Families across Scotland who have suffered the death of a love...
The Deputy Presiding Officer SNP
I call Adam Tomkins to speak on behalf of the Justice Committee for up to five minutes, please. 15:23
Adam Tomkins (Glasgow) (Con) Con
The Justice Committee is awash with legislation. Today, we have published our stage 1 report on the Domestic Abuse (Protection) (Scotland) Bill. Next week, w...
The Cabinet Secretary for Justice (Humza Yousaf) SNP
I begin by saying that the Scottish Government has a great deal of sympathy with families who have lost a relative while attending their workplace. We apprec...
Liam Kerr (North East Scotland) (Con) Con
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)...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I begin by paying tribute to Claire Baker. Introducing a member’s bill takes tenacity and hard work and she has displayed both. The bill recognises that too...
John Finnie (Highlands and Islands) (Green) Green
I congratulate Claire Baker and her team on getting the bill this far. I am a signatory to the bill and the Scottish Green Party will support it at decision ...
Liam McArthur (Orkney Islands) (LD) LD
In customary fashion, I thank Claire Baker for introducing the bill. As I said in relation to the Protection of Workers (Retail and Age-restricted Goods and ...
The Deputy Presiding Officer SNP
We move to the open debate. I ask for three-minute speeches, please. 15:47
Kenneth Gibson (Cunninghame North) (SNP) SNP
Culpable homicide legislation needs to be updated, and the bill has been introduced with the intention of doing that. Much of the case law and, indeed, the l...
Gordon Lindhurst (Lothian) (Con) Con
The Scottish Conservatives’ approach to the bill has been outlined by my colleague Liam Kerr. I need not repeat what he has said, but perhaps one or two comm...
Alex Rowley (Mid Scotland and Fife) (Lab) Lab
Scottish Hazards, along with trade unions and campaign lawyer Patrick McGuire from Thompsons Solicitors Scotland, has always said that families who are affec...
James Kelly (Glasgow) (Lab) Lab
I pay tribute to Claire Baker for the work that she has put into a member’s bill that deals with an important issue and means so much to families who are aff...
Margaret Mitchell (Central Scotland) (Con) Con
I, too, pay tribute to Claire Baker for the immense work that she has put into researching, consulting on and drafting this member’s bill, and I thank the Ju...
The Deputy Presiding Officer SNP
I call Humza Yousaf, who has up to four minutes. 16:03
Humza Yousaf SNP
I welcome today’s debate. I am disappointed by some of the characterisations in the debate, particularly from Labour members, and the suggestion that those w...
The Deputy Presiding Officer SNP
Excuse my interrupting, cabinet secretary, but you are difficult to hear. Can you speak closer to your microphone?
Humza Yousaf SNP
It has been suggested that those who, for good reasons, oppose the bill somehow do not understand the struggles of, or sympathise with the feelings of, the f...
The Deputy Presiding Officer SNP
Come to a close, please.
Humza Yousaf SNP
—after being found guilty at trial over a number of health and safety at work failures. In January 2017, Donald Craig, the manager of an access plant hire fi...
The Deputy Presiding Officer SNP
I call Claire Baker to wind up the debate. I can give you up to five minutes, Ms Baker. 16:10
Claire Baker Lab
I thank members for their contributions to the debate. I recognise that the process of scrutinising the bill has been curtailed, and I appreciate the conside...
The Deputy Presiding Officer SNP
Thank you, Ms Baker. That concludes the debate on the Culpable Homicide (Scotland) Bill at stage 1.