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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
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 are people who say that there are no cultural issues and that the problem should be described in a different way. However we describe it, it is serious.Colin Fox said that a change in sentencing policy would not affect people's behaviour, but I would argue that sentencing policy must have a part to play in resolving what is happening. I do not suggest for a minute that a more severe sentencing policy alone will be sufficient. That is why we have created a national violence reduction unit and why we had a major conference in Glasgow yesterday to facilitate engagement with the wider public and with organisations throughout Scotland on what all of us can do to change the culture—or whatever we want to call it.Colin Fox suggested that the sentence that can be imposed does not register when a young man goes out with a knife but, frankly, it should. It would be remiss of us to say that our approach to sentencing is that if a crime does not register as serious, we will not bother with it at all. Society needs to know that we are taking the issue seriously; the message might get through eventually. There is much more debate to be had about how we tackle knife crime. What can we do about behavioural and societal interests and issues? What can we do through the use of the legislation? What can we do to make the public feel not only that they are being protected but that they can influence what should be done?On the one hand, there will be those who argue that we should go much further and that carrying a knife should carry a mandatory sentence. There are those who suggest that there should be longer sentences. Whatever we do, we need to reflect on the interests of those whom we represent and on what we as legislators can do to make improvements so that Scotland is a much safer place. We also need to try and engage the wider society that has an interest in the issue, whether it be a victim or the family of a victim; the family of someone who foolishly carried a knife and is now having to pay the penalty; or the organisations that seek to help to rehabilitate offenders and turn them away from their violent actions. Each and every one of us has some degree of responsibility to contribute to that.My final point is about amendment 203, which would cause some problems. As it stands, the bill deals with the type of situation that Colin Fox describes, but I am not sure that it is right to make it mandatory. That could cause some confusion about appropriate sentences and I would not want something that is effective to be used inappropriately.

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?