Meeting of the Parliament (Hybrid) 10 June 2021
I certainly accept that there are mitigating circumstances in some instances, but that emphasises the importance of keeping the families of victims informed throughout the process. I do not think that even that has necessarily happened.
That speaks to a system that is broken. It is difficult to imagine the pain and frustration that loved ones must feel when such tragedy is followed by such a long silence. Scottish Liberal Democrats want a full independent review to consider whether the FAI system should be removed as a Crown Office responsibility. Assurances from the Scottish Government and Lord Advocate and promises of extra funding to fix the problems have simply failed to deliver the change that is required.
In England, Wales and Northern Ireland, a distinct service handles such inquiries; it performs an independent challenge function that keeps things moving. My amendment calls for a review to consider that and other options for kick-starting reform of the checks and balances in our justice system.
A review would also open up an opportunity to reflect on whether the Lord Advocate’s role as both a prosecutor and the Government’s main legal adviser is appropriate. That is not a new question, but the apparent conflict of interests between those duties came into sharper focus—and came in for sharper criticism—in the later months of the previous session of Parliament. Separate positions, with an independent director of prosecutions to run the COPFS, could bring focus to the task of recovery in justice and, with that, a healthier separation of powers. Even the impression of a conflict of interests risks undermining the integrity of such an important role. I raised that with the First Minister last month, and I would welcome more detail from the cabinet secretary on the Government’s plans for a review.
I am painfully aware of the many other issues that I have not been able to touch on, not least offender management and prisons. I may turn to them in my closing remarks. Our prisons are full to overflowing and Scotland’s rate of incarceration is shameful—it is higher than those of almost every other country in Europe. No less shameful are the conditions in which many of those prisoners are being held. Cells built by the Victorians for one are being used to house two, and experts question whether that is compliant with human rights law. Moreover, a quarter of the people who are being held have not even been convicted of a crime. The remand population is completely out of control.
I am glad that the Government’s motion speaks of transformation, and I welcome the amendments in the names of Pauline McNeill and Maggie Chapman. I hope that there will be a genuine willingness to take the steps that are necessary to deliver the transformation that we need to see in our justice system.
I move amendment S6M-00294.2, to insert at end:
“; considers that the system of fatal accident inquiries (FAIs) continues to fail families and prevents lessons that could save lives being learned; and believes that reform is necessary, and calls for this to be informed by an independent expert review with a remit to include considering the options for removing FAIs from the Crown Office and Procurator Fiscal Service's responsibilities altogether.”
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