Chamber
Meeting of the Parliament 21 June 2023
21 Jun 2023 · S6 · Meeting of the Parliament
Item of business
Bail and Release from Custody (Scotland) Bill: Stage 3
I am grateful to the cabinet secretary for explaining the Government’s position. However, I pose the scenario of a busy custody court. I do not understand how the situation would be best addressed there. On the day, Crown counsel would probably be presenting a large number of cases to the judge. Amendment 15 says:
“the court may ... request the prosecutor to provide it with information in relation to the risk of harm”.
How is that practically achievable in a scenario in which neither the complainer nor their representative is in court on the day? The advocate depute would have no access to such information, particularly if the arrest has been made in the course of a weekend, as is often the case in domestic abuse cases.
Why is it such a problem to allow the complainer to provide such information to the court—potentially in advance—so that it can be heard by the judge on the day? The process that is outlined in amendment 15 alone would not suffice in every scenario, and it certainly would not give every complainer the opportunity to make representations to the court.
In the same item of business
The Deputy Presiding Officer (Annabelle Ewing)
SNP
The next item of business is stage 3 proceedings on the Bail and Release from Custody (Scotland) Bill. In dealing with the amendments, members should have th...
The Deputy Presiding Officer
SNP
Group 1 is on “Decisions on bail: relevant information”. Amendment 67, in the name of Pauline McNeill, is grouped with amendments 15, 16, 68, 19, 20 and 21.
Pauline McNeill (Glasgow) (Lab)
Lab
The focus of the bill is to limit custody to those who pose a risk to public safety or to when it is necessary to prevent significant risk of prejudice. Ther...
Maggie Chapman (North East Scotland) (Green)
Green
Before I speak to my amendments in this group, I would like to thank the victim support organisations and others who have worked tirelessly to ensure that th...
The Deputy Presiding Officer
SNP
I call Katy Clark to speak to amendment 68 and other amendments in the group.
Katy Clark (West Scotland) (Lab)
Lab
Amendment 68 focuses on the resources that local authorities need to provide justice social work. It requires the Scottish Government to report on the operat...
The Deputy Presiding Officer
SNP
I call Jamie Greene to speak to amendment 19 and other amendments in the group.
Jamie Greene (West Scotland) (Con)
Con
I put on the record my and my party’s thanks to all those organisations that have worked with committee members and others during the passage of the bill. T...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance)
SNP
I will speak to all the amendments in the group. Amendment 67, from Pauline McNeill, seeks to remove the mandatory requirement for the court to provide an o...
Jamie Greene
Con
I am grateful to the cabinet secretary for explaining the Government’s position. However, I pose the scenario of a busy custody court. I do not understand ho...
Angela Constance
SNP
The whole purpose of section 1 of the bill is to ensure that the court has the best possible information available to it. Notwithstanding that prosecutors ar...
Pauline McNeill
Lab
I agree with the cabinet secretary that the principle of providing the maximum amount of information to the court is very important, but I do not think that ...
The Deputy Presiding Officer
SNP
The question is, that amendment 67 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
SNP
There will be a division. As this is the first division of the day, I will suspend the meeting for around five minutes to allow members to access the digital...
The Deputy Presiding Officer
SNP
We will now restart proceedings, and we will proceed with the division on amendment 67. Members should cast their votes now. The vote is now closed.
Brian Whittle (South Scotland) (Con)
Con
On a point of order, Presiding Officer. My app would not connect, but I would have voted yes.
The Deputy Presiding Officer
SNP
Thank you, Mr Whittle; that will be recorded.
Neil Bibby (West Scotland) (Lab)
Lab
On a point of order, Presiding Officer. I could not connect but would have voted yes.
The Deputy Presiding Officer
SNP
Thank you, Mr Bibby; your vote will be recorded. For Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Balfour, Jeremy (Lothi...
The Deputy Presiding Officer
SNP
The result of the division is: For 46, Against 66, Abstentions 0. Amendment 67 disagreed to. Amendment 15 moved—Maggie Chapman—and agreed to. Amendment 16...
The Deputy Presiding Officer
SNP
The question is, that amendment 16 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
SNP
There will be a division. The vote is now closed.
The Minister for Higher and Further Education; and Minister for Veterans (Graeme Dey)
SNP
On a point of order, Presiding Officer. My device would not work. I would have voted yes.
The Deputy Presiding Officer
SNP
Thank you, Mr Dey. Your vote will be recorded.
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
On a point of order, Presiding Officer. My app did not work. I would have voted no.
The Deputy Presiding Officer
SNP
Thank you, Ms Hamilton. Your vote will be recorded. For Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Moth...
The Deputy Presiding Officer
SNP
The result of the division is: For 67, Against 47, Abstentions 0. Amendment 16 agreed to. After section 1
The Deputy Presiding Officer
SNP
I call amendment 68, in the name of Katy Clark, which has already been debated with amendment 67. I invite Katy Clark to move or not move the amendment.
Katy Clark
Lab
I move amendment 68, which has the support of organisations such as the Convention of Scottish Local Authorities. The provision of justice social work and th...
The Deputy Presiding Officer
SNP
Thank you, Ms Clark. We do not need that; we just need the moving of the amendment. The question is, that amendment 68 be agreed to. Are we agreed? Members...