Hansard

We have discussed the issue previously, and Pauline McNeill will know that officials were on that call. Although I am happy to come back to her with a fuller response in due course, I will lay out some of the measures that we have taken in response to the immediate pressures of the pandemic, which may give her some comfort.

We have established a resilience fund worth up to £9 million, and have recently provided another £1 million to support legal traineeships. I acknowledge the concerns that some in the legal profession have raised with regard to the resilience fund. We remain absolutely committed to engaging with the profession and are exploring, as a matter of urgency, options for the effective distribution of unallocated funds. Part of the issue was about having the facts and the data to support a more rapid disbursement of those funds, and we are trying to work through that with partners.

We are clear that our ambition to recover the operation of the justice system also presents an opportunity to reinvigorate system-level improvements and take forward our manifesto commitments to deliver a faster, fairer and more effective justice system for Scotland.

Our manifesto commitments aim to ensure that victims’ rights are at the heart of Scotland’s criminal justice system; to secure provision of support for children and young people; and to develop restorative justice services, key to which will be the appointment of a victims commissioner to provide an independent voice for victims. The investment of £250,000 over three years to fund a trauma specialist at NHS Education for Scotland will help to drive forward development of a trauma-informed and trauma-responsive workforce in justice services.

We will also introduce changes to ensure lifelong anonymity for complainers in sexual crimes, thereby further increasing the confidence of victims to report crimes of such a serious nature. We will engage with key stakeholders, including victims organisations, to give serious consideration to the full set of recommendations from Lady Dorrian’s review to deliver a justice system in which survivors of sexual crimes can have confidence. It is worth pointing out that many of those provisions and recommendations interlock with one another, so it is best if they are considered at the same time.

We have an unashamedly bold aspiration to create our own bairn’s hoose in Scotland. We believe that every child victim or witness has the right to consistent and holistic support that enables them to tell their stories, access specialist services and recover from their experiences.

We have committed to consult on the removal of the not proven verdict. It is plain to me that there are differing views among the parties in the chamber, and it is right that we have a proper consultation and discussion. In common with my previous comments, the not proven verdict and what we eventually do with it will be dependent on, and have implications for, other parts of the justice system. For that reason, consideration of the matter is best taken forward in the same way. We recognise that a strong case has been made for the abolition of the verdict, but there are complex issues. Although many in the chamber today support the move, it is right that we consider those issues carefully.

Throughout the next period of renewal for our justice system, we will continue to commit to engage with the legal profession and victim support organisations on the reform of the legal aid system. That will be taken forward by my colleague, the Minister for Community Safety, who will be taking a similarly collaborative approach to expanding the availability of mediation and arbitration and to the regulation of legal services.

At the direction of the outgoing Lord Advocate, the Crown Office has significantly reformed the arrangements for the investigation of deaths, and it has applied significant additional resources to that work. Those reforms have resulted in reductions in the duration of death investigations, and it is expected that they will continue to do so. In my view, their full benefit needs to be allowed to work its way through the system. The current Lord Advocate has welcomed engagement with justice spokespeople on the issue, and I look forward to future engagement with his successor. I am sure that whoever is appointed will engage with members across the chamber.

Ensuring that people and communities across Scotland are safe and resilient is vital and will play a key role in supporting our recovery and renewal from the pandemic. Throughout the pandemic, we have continued to invest money recovered from convicted individuals to support people, families and communities.