Chamber
Plenary, 20 Feb 2003
20 Feb 2003 · S1 · Plenary
Item of business
Criminal Justice (Scotland) Bill
The Criminal Justice (Scotland) Bill is a substantial and significant piece of legislation. It is only right that it should have been subject to rigorous and intense scrutiny by Parliament and, not least, by the Justice 2 Committee. I do not think that either the Parliament or the Justice 2 Committee has disappointed us in their scrutiny of the bill. The committee, in particular, discharged the task of evidence taking, preparing a stage 1 report and scrutinising the bill line by line at stage 2 diligently and effectively—indeed, it even took further evidence at stage 2. I believe that the bill that we are now asking Parliament to agree is much the better for the committee's input.
I put on record my gratitude to the members of the Justice 2 Committee for all their work and to the clerks who kept things running smoothly. I acknowledge the contribution of the other committees that considered the bill. My thanks also go to Richard Simpson and Hugh Henry for their considerable efforts in steering the bill to this stage, and to my officials—there was a huge team of them, because the bill covers a number of different aspects. I know that the bill team has worked exceptionally hard in bringing the bill to this stage and I thank them for the support that they have given me.
It is worth reflecting on how much time has been spent developing the bill. Work did not start with the introduction of the bill in March 2002, some 11 months ago. Before then, we had consulted extensively on some of the major planks of the bill. We consulted on the victim strategy from January 2001, and on Lord MacLean's committee's deliberations and findings during 2001. The child protection measures were consulted on even earlier, in February 2000. It is fair to say that many of the bill's proposals have been in train for almost as long as has our Parliament.
We have always said that the bill is about providing public protection, promoting effective sentencing and keeping Scots criminal law up to date. Those aims, which Parliament supported at stage 1, remain the cornerstones of the bill. Those overarching objectives are underscored by substantial new policy initiatives that will affect positively the people of Scotland.
There will be greater protection from dangerous offenders through the new and innovative high-risk offenders strategy, which includes the new lifelong sentence of an order for lifelong restriction. Victims will now have a stronger voice in the criminal justice system and will be able to get information about the release of their assailants. Those who are involved in the abhorrent practices of child pornography and trafficking in prostitution will be liable for heavy prison sentences.
We are developing the electronic tagging arrangements and enhancing the arrangements for criminal record checks for those who work with children and vulnerable people. Again, we are providing better protection for the communities that we are here to serve and, not least, protection for those who are vulnerable. By introducing the crime of offences aggravated by religious prejudice we are sending a clear message that such small-minded behaviour will not be tolerated in the Scotland of the 21st century.
We have also taken the opportunity to introduce changes to bail that were considered necessary. In a similar vein, we have taken the opportunity to enhance the penalties and enforcement practices for certain wildlife crimes—something that we have just debated with all-party support. The commencement provisions mean that those new, more stringent measures will be available this spring.
In some ways, the bill is different from the bill that the Parliament considered at stage 1. That is because we took account of the views of the Parliament and of the Justice 2 Committee. The committee spent a great deal of time collecting evidence and scrutinising the bill. As a result of that, the bill will have a significant impact on our criminal justice system. It will make Scotland a safer place and will give additional protection to the vulnerable in our community. I commend it to the Parliament.
I move,
That the Parliament agrees that the Criminal Justice (Scotland) Bill be passed.
I put on record my gratitude to the members of the Justice 2 Committee for all their work and to the clerks who kept things running smoothly. I acknowledge the contribution of the other committees that considered the bill. My thanks also go to Richard Simpson and Hugh Henry for their considerable efforts in steering the bill to this stage, and to my officials—there was a huge team of them, because the bill covers a number of different aspects. I know that the bill team has worked exceptionally hard in bringing the bill to this stage and I thank them for the support that they have given me.
It is worth reflecting on how much time has been spent developing the bill. Work did not start with the introduction of the bill in March 2002, some 11 months ago. Before then, we had consulted extensively on some of the major planks of the bill. We consulted on the victim strategy from January 2001, and on Lord MacLean's committee's deliberations and findings during 2001. The child protection measures were consulted on even earlier, in February 2000. It is fair to say that many of the bill's proposals have been in train for almost as long as has our Parliament.
We have always said that the bill is about providing public protection, promoting effective sentencing and keeping Scots criminal law up to date. Those aims, which Parliament supported at stage 1, remain the cornerstones of the bill. Those overarching objectives are underscored by substantial new policy initiatives that will affect positively the people of Scotland.
There will be greater protection from dangerous offenders through the new and innovative high-risk offenders strategy, which includes the new lifelong sentence of an order for lifelong restriction. Victims will now have a stronger voice in the criminal justice system and will be able to get information about the release of their assailants. Those who are involved in the abhorrent practices of child pornography and trafficking in prostitution will be liable for heavy prison sentences.
We are developing the electronic tagging arrangements and enhancing the arrangements for criminal record checks for those who work with children and vulnerable people. Again, we are providing better protection for the communities that we are here to serve and, not least, protection for those who are vulnerable. By introducing the crime of offences aggravated by religious prejudice we are sending a clear message that such small-minded behaviour will not be tolerated in the Scotland of the 21st century.
We have also taken the opportunity to introduce changes to bail that were considered necessary. In a similar vein, we have taken the opportunity to enhance the penalties and enforcement practices for certain wildlife crimes—something that we have just debated with all-party support. The commencement provisions mean that those new, more stringent measures will be available this spring.
In some ways, the bill is different from the bill that the Parliament considered at stage 1. That is because we took account of the views of the Parliament and of the Justice 2 Committee. The committee spent a great deal of time collecting evidence and scrutinising the bill. As a result of that, the bill will have a significant impact on our criminal justice system. It will make Scotland a safer place and will give additional protection to the vulnerable in our community. I commend it to the Parliament.
I move,
That the Parliament agrees that the Criminal Justice (Scotland) Bill be passed.
In the same item of business
The Deputy Presiding Officer (Mr Murray Tosh):
Con
The next item of business is a debate on motion S1M-3730, in the name of Mr Jim Wallace, that the Criminal Justice (Scotland) Bill be passed.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
The Criminal Justice (Scotland) Bill is a substantial and significant piece of legislation. It is only right that it should have been subject to rigorous and...
The Deputy Presiding Officer:
Con
A long list of members wish to take part in the debate, so I ask everyone to keep tightly to the three-minute time allocation.
Roseanna Cunningham (Perth) (SNP):
SNP
At stage 1, I expressed my concern that the bill represented a return to the bad old days of the law reform (miscellaneous provisions) (Scotland) bills. The ...
Bill Aitken (Glasgow) (Con):
Con
The minister mentioned some aspects of the bill that are highly satisfactory and for which we commend the Executive. Other aspects, such as civilianisation a...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I begin by thanking the Justice 2 Committee very much for its hard work. There was not a single issue that the Parliament was concerned about that the commit...
The Deputy Presiding Officer:
Con
I will call as many members as I can.
Mr Duncan Hamilton (Highlands and Islands) (SNP):
SNP
I, too, support the bill, although I do not do so unreservedly. I thank my colleagues on the Justice 2 Committee. As I come to the end of my time in the Parl...
Johann Lamont (Glasgow Pollok) (Lab):
Lab
I welcome the opportunity to welcome the passing of this important bill. I, too, congratulate the Justice 2 Committee—in particular the convener—on its hard ...
Lord James Douglas-Hamilton (Lothians) (Con):
Con
It is regrettable that there has been insufficient time to give full attention to many of the issues that were before the committee. To give just one example...
George Lyon (Argyll and Bute) (LD):
LD
As the Deputy First Minister said, the bill is a substantial piece of legislation, which will have a major impact in improving Scotland's criminal justice sy...
Dr Richard Simpson (Ochil) (Lab):
Lab
I join others in congratulating the minister and the committee on the way in which they have tackled the issues in the bill.The Justice 2 Committee's scrutin...
The Deputy Presiding Officer:
Con
If Irene McGugan will restrict herself to two minutes, I will be able to give two minutes to Brian Fitzpatrick, who will be the last member to speak.
Irene McGugan (North-East Scotland) (SNP):
SNP
I will confine my remarks to the physical punishment of children. The bill is a step in the right direction, but it is a small step. As Richard Simpson sugge...
Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab):
Lab
As Johann Lamont mentioned, the Criminal Justice (Scotland) Bill represents the culmination of a lot of hard work by the subject committee and occasional vis...
The Deputy Presiding Officer:
Con
My regrets to the four members whose names remain on my screen, but the clock has beaten us. I call Hugh Henry to wind up the debate.
The Deputy Minister for Justice (Hugh Henry):
Lab
Like the minister, I thank all those who worked so hard on the bill and the organisations and individuals who provided written submissions and gave oral evid...