Chamber
Plenary, 10 Feb 2005
10 Feb 2005 · S2 · Plenary
Item of business
Crown Office and Procurator Fiscal Service
I bring to the debate no personal expertise and I am not a member of a justice committee. However, as the convener of the cross-party group on survivors of childhood sexual abuse, I have had in-depth involvement with the Crown Office on some changes, particularly those for vulnerable witnesses. I will concentrate on that aspect.
I welcome the opportunity to speak in an important debate. I am surprised that the Conservatives do not agree that the debate is important. In a debate in 2001, the Lord Advocate outlined his vision for the prosecution service, which we were all pleased to hear. From our experiences in our constituencies, we knew of the need for that vision.
The vision was of a modernised service that responded to public needs. The first objective and value in the prosecution service's strategic plan, to which Linda Fabiani referred, was for the service to play a pivotal role in the community justice system in maintaining the security and confidence of all our communities throughout Scotland in the prosecution service, which would make the justice system more accessible and responsive. That is what our constituents ask for and what we have been moving towards. The system has undergone many improvements.
As Pauline McNeill said, the debate gives the Parliament an opportunity to examine how far the department has progressed. I put on record my support for the steps that have been taken to date, especially the increase of 12 per cent in the number of permanent staff in the department, which has brought about a real improvement for our communities.
I also welcome the new fiscal office in Kirkcaldy, which was opened by the Solicitor General. My constituency office is located in the same office block as the new fiscal office, and I have seen at first hand the positive effect that it has had—not only on members of the public but on staff morale. The Lord Advocate raised that important issue this morning. Like Pauline McNeill, I believe that we have a service to be proud of and am pleased to have seen many improvements to the services in my constituency. I put on record my thanks to Procurator Fiscal Service staff in my constituency and elsewhere, who are working hard to ensure that there are improvements across Fife.
The Fife drugs court was set up on 9 September 2002 and involves both Dunfermline sheriff court and Kirkcaldy sheriff court, which is in my constituency. As Bill Aitken said, the court has dealt mainly with cases in which individuals have been subject to a drug treatment and testing order. All members have received representations from constituents who have been subject to drug-related crime. From the wider criminal justice perspective, I hope that there will be a reduction in such crime.
We hear continually from constituents of instances in which crimes have been committed to feed offenders' habits. Many of those crimes are perpetrated by continual offenders, which is a big challenge for the service. One elderly lady in my constituency had her property broken into and was robbed four times by the same perpetrator. The drugs courts are dealing and will continue to deal with such continual offending, which has a big effect. I look forward to seeing the results of the University of Stirling's research into the effectiveness of drugs courts and hope that they will be rolled out across the country.
Partnership is also important. In Fife, especially in Kirkcaldy, I have seen a huge increase in partnership working, involving the police, social work and drug and alcohol teams, and the effect that that has had. A lot of work has been done and there have been many different ideas. Flexibility of provision must be welcomed.
About 75 per cent of the complaints that I received at my surgery on Tuesday evening were about antisocial behaviour. However, by working with the Minister for Justice, we were able to amend the Antisocial Behaviour etc (Scotland) Bill to ensure that consideration was given to antisocial behaviour using a vehicle. I know that that is a real problem across the board, including in my constituency. Every MSP supports the work that is being done and must continue to be done in our communities on antisocial behaviour. I thank the Executive for listening to my constituents on that issue.
The cross-party group on survivors of childhood sexual abuse, of which I am convener, warmly welcomed the Vulnerable Witnesses (Scotland) Act 2004, which changes the way in which the criminal justice system interacts with vulnerable witnesses. The group has seen evidence of the impact that the act has had. Many victims of sexual abuse come forward a long way down the line. Although they are now adults, they were children when the crime was perpetrated against them. The special measures for those under 16 and for very vulnerable witnesses are to be welcomed and have made a huge difference to people's lives. I also welcome the work of VIA, which provides first-class support to vulnerable witnesses. I have corresponded with the Lord Advocate on the service.
Jackie Baillie spoke a little about openness, which is relevant to the subject of the debate. People need to feel that they are informed throughout the process, especially if they are vulnerable and a crime has been perpetrated against them, perhaps historically. When people have the courage to come forward to report a crime, they should receive a high level of support and we should communicate to them at all times what is happening. Like Jackie Baillie, I welcome the Lord Advocate's announcement today that people will be given information. Historically, the system has been seen as inaccessible and secretive, so the changes that have been made are welcome. Today's announcement is significant, and I am sure that it will be welcomed by all members of the cross-party group on survivors of childhood sexual abuse.
I welcome the opportunity to speak in an important debate. I am surprised that the Conservatives do not agree that the debate is important. In a debate in 2001, the Lord Advocate outlined his vision for the prosecution service, which we were all pleased to hear. From our experiences in our constituencies, we knew of the need for that vision.
The vision was of a modernised service that responded to public needs. The first objective and value in the prosecution service's strategic plan, to which Linda Fabiani referred, was for the service to play a pivotal role in the community justice system in maintaining the security and confidence of all our communities throughout Scotland in the prosecution service, which would make the justice system more accessible and responsive. That is what our constituents ask for and what we have been moving towards. The system has undergone many improvements.
As Pauline McNeill said, the debate gives the Parliament an opportunity to examine how far the department has progressed. I put on record my support for the steps that have been taken to date, especially the increase of 12 per cent in the number of permanent staff in the department, which has brought about a real improvement for our communities.
I also welcome the new fiscal office in Kirkcaldy, which was opened by the Solicitor General. My constituency office is located in the same office block as the new fiscal office, and I have seen at first hand the positive effect that it has had—not only on members of the public but on staff morale. The Lord Advocate raised that important issue this morning. Like Pauline McNeill, I believe that we have a service to be proud of and am pleased to have seen many improvements to the services in my constituency. I put on record my thanks to Procurator Fiscal Service staff in my constituency and elsewhere, who are working hard to ensure that there are improvements across Fife.
The Fife drugs court was set up on 9 September 2002 and involves both Dunfermline sheriff court and Kirkcaldy sheriff court, which is in my constituency. As Bill Aitken said, the court has dealt mainly with cases in which individuals have been subject to a drug treatment and testing order. All members have received representations from constituents who have been subject to drug-related crime. From the wider criminal justice perspective, I hope that there will be a reduction in such crime.
We hear continually from constituents of instances in which crimes have been committed to feed offenders' habits. Many of those crimes are perpetrated by continual offenders, which is a big challenge for the service. One elderly lady in my constituency had her property broken into and was robbed four times by the same perpetrator. The drugs courts are dealing and will continue to deal with such continual offending, which has a big effect. I look forward to seeing the results of the University of Stirling's research into the effectiveness of drugs courts and hope that they will be rolled out across the country.
Partnership is also important. In Fife, especially in Kirkcaldy, I have seen a huge increase in partnership working, involving the police, social work and drug and alcohol teams, and the effect that that has had. A lot of work has been done and there have been many different ideas. Flexibility of provision must be welcomed.
About 75 per cent of the complaints that I received at my surgery on Tuesday evening were about antisocial behaviour. However, by working with the Minister for Justice, we were able to amend the Antisocial Behaviour etc (Scotland) Bill to ensure that consideration was given to antisocial behaviour using a vehicle. I know that that is a real problem across the board, including in my constituency. Every MSP supports the work that is being done and must continue to be done in our communities on antisocial behaviour. I thank the Executive for listening to my constituents on that issue.
The cross-party group on survivors of childhood sexual abuse, of which I am convener, warmly welcomed the Vulnerable Witnesses (Scotland) Act 2004, which changes the way in which the criminal justice system interacts with vulnerable witnesses. The group has seen evidence of the impact that the act has had. Many victims of sexual abuse come forward a long way down the line. Although they are now adults, they were children when the crime was perpetrated against them. The special measures for those under 16 and for very vulnerable witnesses are to be welcomed and have made a huge difference to people's lives. I also welcome the work of VIA, which provides first-class support to vulnerable witnesses. I have corresponded with the Lord Advocate on the service.
Jackie Baillie spoke a little about openness, which is relevant to the subject of the debate. People need to feel that they are informed throughout the process, especially if they are vulnerable and a crime has been perpetrated against them, perhaps historically. When people have the courage to come forward to report a crime, they should receive a high level of support and we should communicate to them at all times what is happening. Like Jackie Baillie, I welcome the Lord Advocate's announcement today that people will be given information. Historically, the system has been seen as inaccessible and secretive, so the changes that have been made are welcome. Today's announcement is significant, and I am sure that it will be welcomed by all members of the cross-party group on survivors of childhood sexual abuse.
In the same item of business
The Deputy Presiding Officer (Murray Tosh):
Con
Good morning. The first item of business is a debate on the reform of the Crown Office and Procurator Fiscal Service, which will be concluded without any que...
The Lord Advocate (Colin Boyd):
Many members will recall that, in autumn 2001, I came to the Parliament to acknowledge some widely held and deeply felt criticisms of the Crown Office and Pr...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
I wonder whether the Lord Advocate will comment on morale within the service, which, a couple of years ago, was at what I hope was an all-time low. Have thes...
The Lord Advocate:
Yes. I have acknowledged that, in 2001, morale was low because of the pressures that we were under. Our staff felt that they were not supported in their work...
Stewart Stevenson:
SNP
It is welcome to hear about those growing figures for seizures, with the concomitant benefits of ploughing the money back into communities. However, figures ...
The Lord Advocate:
The SDEA is very active in that area. We have to bear it in mind that we are in only the second year of the operation of the Proceeds of Crime Act 2002 and t...
Mr Kenny MacAskill (Lothians) (SNP):
SNP
I thank the Lord Advocate for his comments. I will make two preliminary remarks about the basis of this debate.I welcome this chamber having the opportunity ...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD):
LD
I for one have no experience; I have only just joined the Justice 1 Committee. However, all 129 MSPs deal with cases that involve the Crown Office and Procur...
Mr MacAskill:
SNP
I am not suggesting otherwise. Members who participate without the benefit of committee or legal experience are to be commended. However, it would have been ...
The Minister for Justice (Cathy Jamieson):
Lab
Will Mr MacAskill take an intervention?
Mr MacAskill:
SNP
By all means.
Cathy Jamieson:
Lab
Mr MacAskill has said that he does not intend his comments to be a criticism of particular individuals who are here. Will he assist us by telling us exactly ...
Mr MacAskill:
SNP
It may be in the public domain, but many people who are coming to the debate cold may have been looking for a synopsis—even just two sides of A4 from SPICe o...
Miss Annabel Goldie (West of Scotland) (Con):
Con
The Executive has chosen to have a subject debate on the Crown Office and Procurator Fiscal Service; I say the Executive, because of course the Executive has...
Stewart Stevenson:
SNP
Will the member give way?
Miss Goldie:
Con
I will finish this observation first, as it is a tribute to the Lord Advocate. I acknowledge that this morning is—although I was previously unaware of it—the...
Stewart Stevenson:
SNP
Is Miss Goldie's speech an indication that the Tory party is less engaged with the legal system inside or outside the Parliament?
Miss Goldie:
Con
Even by Mr Stevenson's standards, that is a remarkably obscure and unintelligible intervention.
Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):
LD
I think that we understood it.
Miss Goldie:
Con
That would be a first.It is perfectly obvious to anybody who cares to examine the Conservatives' contribution to the Parliament that we have made a singular ...
Cathy Jamieson:
Lab
It is important to point out that, as I hope Miss Goldie will acknowledge, ACPOS did not publish such a report; a report was prepared in a particular police ...
Miss Goldie:
Con
The seniority of the officer who commended the suggestion leaves us in no doubt as to current thinking at senior police level.The justice system in Scotland ...
Jeremy Purvis (Tweeddale, Ettrick and Lauderdale) (LD):
LD
Miss Goldie questioned the Parliament's priorities in staging a debate on the prosecution service, but in light of last week's debate on the Serious Organise...
Miss Goldie:
Con
Will Jeremy Purvis give way? I seek to assist.
Jeremy Purvis:
LD
I will give way in a moment. Twenty years of legal experience is not necessarily a benefit in a justice debate in the Parliament when the vast majority of ou...
Margaret Mitchell (Central Scotland) (Con):
Con
Does Jeremy Purvis consider that an increase of 16 per cent in violent crime, 23 per cent in vandalism, 49 per cent in the use of offensive weapons and 20 pe...
Jeremy Purvis:
LD
I am sure that that intervention has taken a section from Margaret Mitchell's speech. Scotland has never been safer and its communities have never been more ...
John Swinburne (Central Scotland) (SSCUP):
SSCUP
The member mentioned antisocial behaviour. I am aware of a police division where 40 referrals of antisocial behaviour are shelved every week, because there a...
Jeremy Purvis:
LD
If Mr Swinburne is arguing that the Antisocial Behaviour etc (Scotland) Act 2004 and the work of prosecutors will be successful only through joint working wi...
The Deputy Presiding Officer:
Con
We come now to the open debate. I can allocate about seven minutes per speaker.