Hansard

I will address issues that have been raised in the debate. First, though, it would be remiss of me not to thank everyone in the Parliament’s non-Government bills unit for their sterling assistance with my bill over a long period of time. I also thank all the representatives of agencies to whom I spoke and whom I met who are directly involved in the delivery of post mortems in the justice system and who assisted me.

The bill is a simple measure, but it would bring significant benefit to families who lose loved ones in murder cases. I believe that we can assist them in their time of desperate need by putting in place a time limit that begins as soon as the defence is in receipt of the findings of a first post mortem report. I ask members to listen to that timescale carefully—I stress that it is in the bill. Most post mortems are carried out on behalf of the Crown Office. The bill would give the defence 14 clear days to instruct a post mortem on its own behalf. It would also allow a court to extend that time period multiple times, provided that good reasons were given.

It is worth noting that Scotland is unique in its approach to post mortems. I have researched the subject and have been unable to find any other legal jurisdiction in any country in the world that automatically allows a second post mortem to be held on demand by the defence. Most allow a second examination only after application has been made to a judge or a coroner and after good reasons have been provided.

The Crown Office and the Cabinet Secretary for Justice have raised objections to the bill, but I suggest that, if they consider that I have got those aspects wrong, they have not clearly understood my bill. Apart from my own, no evidence on the matter has been presented to the Justice Committee. For that reason alone, I urge members to support my bill, as that would allow the committee to take further evidence on and fully consider the concerns that have been raised by the Crown Office.

Some members have mentioned the Crown Office protocol, which I welcome. It is good, but on its own it is not enough. My bill would not alter or limit the protocol in any way; its purpose is to complement it and make it more effective. Without the bill’s provisions being in place, the defence could still delay for as long as it liked in deciding on a second post mortem. There is nothing that the Crown Office, operating through the protocol, or the courts or the Government could do to force it not to do so, simply because allowing a second post mortem to take place on demand and without limitation is currently the law of Scotland.

I do not want any repeat of what happened in 2016 to families whose children—one of them only 15 years of age—had been brutally murdered. Those families were then caused further distress by the imperfections of our uncaring post mortem system. I am asking for support for my bill tonight for the benefit of families who face a similar tragedy in the future. Voting for the bill tonight will, at the very least, allow the Justice Committee to take the vital evidence that I agree is needed, including on the point that was raised by the Crown. That would allow the Parliament to take a fully informed decision on whether to pass the bill when it reached stage 3.

Presiding Officer, the families have only one ask of us—it is to have their children back as soon as possible, to help them to grieve and to simply lay their children to rest. That is all.