Committee
Justice 2 Committee, 28 Mar 2006
28 Mar 2006 · S2 · Justice 2 Committee
Item of business
Police, Public Order and Criminal Justice (Scotland) Bill: Stage 2
Thank you for accommodating me, convener. I apologise to the committee and the minister for not being present earlier.The purpose of amendments 202 and 203, like that of the other amendments in the group and of the bill, is to address the incidence of knife crime, the carrying of knives and sentencing policy thereon. The approach that I have taken is to suggest that sentencing policy alone will not solve the problem, which is deep-seated, cultural and habitual.Amendment 203 takes the alternative view that we are dealing with a deep-seated cultural problem that has been with us for a long time. One aspect of the debate is that the problem is far greater in the west of Scotland, although it is not exclusive to that area. I am mindful that in the Lothians, for example, incidents of aggression and violence occur and people often resort to violent measures. However, I am struck by the difference between the incidence of knife crime on Lothian Road in Edinburgh on Friday and Saturday nights and its incidence in the centre of Glasgow or in the west of Scotland. That makes it clear that the problem is cultural, habitual and deep-seated throughout the country, but particularly in the west of Scotland.Amendments 202 and 203 reflect my view that sentencing policy will not change that. Measures such as doubling the sentence are not the answer. I have tried to suggest that we address the problem by persuading young men that to carry a knife does not make them hard and that, in fact, the opposite is true. We must break such habits. Amendment 203 seeks to provide a disposal that will address what makes young men carry knives and resort to doing the things that they do. It offers the court an alternative to sending them to jail because, once they are in the penal system, they are like hamsters on a wheel—they go round and round and have little opportunity to change. The disposal that I have proposed is the imposition of an order that would allow men in that situation—it is men whom we are talking about—to be sent for counselling that addresses why they carry knives and seeks to break that cultural habit.
In the same item of business
The Convener:
Con
The next item is day 4 of stage 2 consideration of the Police, Public Order and Criminal Justice (Scotland) Bill. Today the committee will not go further tha...
Section 69—Increase in maximum term of imprisonment for certain offences
The Convener:
Con
Amendment 2, in the name of Stewart Maxwell, is grouped with amendments 2A, 233, 3, 3A, 234, 202, 203 and 235. I will put the questions on amendments 2A and ...
Mr Stewart Maxwell (West of Scotland) (SNP):
SNP
Amendments 2 and 3 are relatively straightforward. They follow the same logic that the Executive has used in sections 69(1), (2) and (3). Sections 69(2) and ...
Jeremy Purvis:
LD
No one can be in any doubt about the scale of the problem of knife crime in Scotland. All committee members were struck by the presentation that was given to...
Bill Butler:
Lab
I welcome the opportunity to debate these serious matters. We all realise the seriousness of the subject that we are discussing.Amendments 2A and 3A, in the ...
Jackie Baillie:
Lab
I concur with those remarks. Provisions on knife crime deserve substantial consideration, but no evidence was presented on Jeremy Purvis's proposals at stage...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I have a question for Jeremy Purvis on amendment 235. We already have rehab services in prisons and the Management of Offenders etc (Scotland) Act 2005 is me...
The Convener:
Con
I had some concerns about the fact that the costings of custody and behavioural orders were not presented up front for us to debate and test. Some interestin...
The Deputy Minister for Justice (Hugh Henry):
Lab
Clearly, committee members have raised a number of issues and I sympathise with most of what has been said. I think that we all agree that we should strength...
The Convener:
Con
Colin Fox gave apologies, which I tendered on his behalf. However, he has now appeared in time, so I will allow him to speak to the amendments in his name, a...
Hugh Henry:
Lab
In that case, I will leave my comments at that.
The Convener:
Con
I ask Colin Fox to speak to amendments 202 and 203 and to the other amendments in the group. I remind committee members that we will treat these remarks as i...
Colin Fox (Lothians) (SSP):
SSP
Thank you for accommodating me, convener. I apologise to the committee and the minister for not being present earlier.The purpose of amendments 202 and 203, ...
The Convener:
Con
Do you wish to say anything about any of the other amendments in the group?
Colin Fox:
SSP
For some of the reasons that I have just given, I am not attracted to the proposal to increase the sentence that can be imposed. I do not think that doubling...
Bill Butler:
Lab
I have listened with interest to what Colin Fox has said and believe that it contains a great deal of good sense. His proposal addresses a side of the equati...
The Convener:
Con
As no other member wishes to comment on the amendments in the name of Colin Fox, we will hear from the minister.
Hugh Henry:
Lab
Colin Fox made a number of interesting points and identified several matters on which there is quite stark debate. He talked about cultural issues, but there...
Mr Maxwell:
SNP
I will not keep the committee very long. On Jeremy Purvis's amendment 235, Bill Butler, Maureen Macmillan and Jackie Baillie raised entirely appropriate poin...
Jeremy Purvis:
LD
I will respond in order to members' comments, which I appreciate. The first questioned whether my amendments would create a variety of maximum sentences in s...
The Convener:
Con
The question is, that amendment 2A be agreed to. Are we agreed?
Members:
No.
The Convener:
Con
There will be a division.
ForPurvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)AgainstBaillie, Jackie (Dumbarton) (Lab)Butler, Bill (Glasgow Anniesland) (Lab)Davidson, Mr David (...
The Convener:
Con
The result of the division is: For 1, Against 6, Abstentions 0.
Amendment 2A disagreed to.
Amendment 2 agreed to.
Amendment 233 moved—Jeremy Purvis.
The Convener:
Con
The question is, that amendment 233, be agreed to. Are we agreed?