Hansard

The core of the Victims, Witnesses, and Justice Reform (Scotland) Bill is about supporting victims. I begin by recognising everyone who has been impacted by the matters that the bill seeks to address—victims, witnesses and survivors, their families, campaigners and support organisations. Many of them have shared their lived experience to shape the bill, and I know how painful that was. I am grateful for their courage.

Let me speak directly to those people, whether they are watching online or joining us in the gallery, as I know some are. You have campaigned for many years for many of the reforms in the bill, which the Parliament will vote on tonight. Although it will not lessen the pain that you have gone through, I hope that you will feel a sense of pride and achievement as a result of the changes that you have brought about.

I thank the committees that considered the bill, particularly the members—past and present—of the Criminal Justice Committee and its clerks, as well as the wide range of individuals and organisations that brought significant legal and academic expertise through their engagement with the committee and the Government.

I am grateful to all those who were involved in major pieces of work that informed the bill: the victims task force, Lady Dorrian’s review, the large-scale jury research, the victim notification scheme review, the NHS Education for Scotland trauma workstream and the Emma Ritch law clinic.

I also thank my officials in my private office for their considerable support and patience throughout the bill’s passage. It is fair to say that this journey has been a marathon, not a sprint.

The bill is large and ambitious, with the scope to make fundamental and meaningful changes to ensure that the justice system meets the needs of survivors of sexual offences, the majority of whom are women and girls. We want a justice system in which victims are treated with compassion and their voices are heard; in which processes are modern, fair and transparent; in which the rights of the accused continue to be protected; in which there is strong public confidence in justice outcomes; and in which vulnerable parties and witnesses in civil cases are better protected. That is what the Parliament has the opportunity to support tonight.

The bill is a landmark bill of reforms, and I wanted to ensure that I worked collaboratively with members across the chamber to reach a consensus wherever possible. I want everyone to be in the position to back the bill today. It is time to come together.

I listened to concerns about the piloting of single-judge rape trials and took the decision not to pursue that. Instead, I lodged amendments that will enable further research on jury deliberations to help us to better understand the impact of rape myths on decision making. If the Parliament agrees to the bill, I will seek approval from the Lord President to commission that research as a priority.

Changes that were made to the bill also reflect the determination to work constructively with members of the Scottish Parliament. I have worked and engaged with all parties, as was seen during stage 2 and yesterday’s stage 3. Many MSPs have changed the bill for the better, and I thank each and every one of them.

I know that cultural changes and new laws that the Parliament has introduced mean that women feel that they are more able to report sexual offences. However, it pains me that so many have to face the challenges that that brings. It is abhorrent that so many women and girls are victims of sexual crime and, although I believe that laws and culture can help to protect women, we need men to address their abusive behaviour and attitudes that underpin it. That is part of the work that we carry out in our equally safe strategy.

The reforms in the bill will implement a trauma-informed justice system and introduce lifelong anonymity and independent legal representation, which will afford greater protection to survivors of sexual offences. I cannot stress enough how essential the creation of a new national sexual offences court will be to improving the experience of survivors. Lady Dorrian, the Lord Advocate, senior members of the judiciary, the Scottish Courts and Tribunals Service, victims and support organisations have all been clear that that stand-alone specialist court can deliver further improvements in culture, process and practice that will benefit many. MSPs who support the bill today should be proud of the part that they have played in creating that court. We might wish that such a court was not needed, but it will benefit so many.

For victims generally, the victims and witnesses commissioner for Scotland will have a significant role to play in ensuring that the interests of victims are central to the operation of the justice system.

I am pleased that there has been cross-party support for the abolition of the not proven verdict, from the manifesto commitments of several parties to the support for the bill today that will bring about that change.

There is much to be proud of in our justice system and there have been many positive changes recently. The bill builds on that with reforms that can create the structural, procedural and cultural shifts that are required to make improvements for victims, witnesses and survivors. We have reached where we are today by listening to many voices in advance of and during the passage of the bill. The Parliament must also demonstrate that it is listening and that it is serious about putting victims and witnesses at the heart of our justice system.

I conclude by once again quoting Lady Dorrian, who explained why the reforms in the bill should be supported:

“if we do not seize the opportunity to create the culture change from the ground up ... there is every risk that, in 40 years, my successor and your successors will be in this room having the same conversation.”—[Official Report, Criminal Justice Committee, 10 January 2024; c 22-23.]

I move,

That the Parliament agrees that the Victims, Witnesses, and Justice Reform (Scotland) Bill be passed.