Meeting of the Parliament 17 September 2025
I am pleased to close the debate on behalf of Scottish Labour.
We remain concerned that the bill might have unintended consequences and disappoint victims. We are also concerned about the significant amendments—for example, on victim notification and the rape shield—that were lodged by the Scottish Government at stage 3 but not considered by the committee. We are not opposed in principle to those proposals, but they are major changes that require consultation and scrutiny. Much of what we proposed and argued for at stage 2 on victim notification—such as a single point of contact—was agreed to and accepted by the Government, whereas the amendments that the Government lodged at stage 3 extend to many areas that were not scrutinised by the committee.
We welcome the fact that the Scottish Government did not proceed with the most polarising part of the original bill: non-jury rape trials. These were controversial, and we do not believe that they were the top demand of victims. Indeed, many of the rape survivors whom we spoke to said that the jury was not an issue for them. It is unclear how the changes to jury size and jury majority and the abolition of the not proven verdict will impact conviction rates.
One of the most significant complaints from complainers is about the delay that they experience in the system. We are concerned that an unintended consequence of the bill could be further delays, given the massive reorganisation that will be required to create new courts. Even if extra resource were put into the new courts, the result would be less resource for the High Court and the sheriff courts, which may continue to deal with many rape and sexual offence cases. We would have been more supportive if the proposals had been more radical, with new buildings and infrastructure, so that a very different environment was created. However, the reality is that the new courts will use the same buildings and rooms, and complainers are likely to be walking into a similar set-up but with new signage.
We support radical cultural change and embedding trauma-informed practice throughout the system for victims and witnesses. We believe that the experience of other countries is that one of the most effective ways of delivering justice for victims is by empowering them within the system. Yesterday, I spoke about some of the international examples in which victims have been given stronger voices and more access to information.