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Monday, December 14, 2009
A quieter week for Justice in Parliament this week: there were questions for the Law and Justice Officers in the Chamber, and the Justice Committee began its consideration of the Legal Services (Scotland) Bill.
The Justice Committee
Stage 1 Legal Services Bill
The Justice Committee has been designated the lead committee on the Legal Services (Scotland) Bill, which seeks to introduce a new business structures within the legal services industry in Scotland, along with a new regulatory framework for those who provide legal services. The reforms are intended to liberalise the legal services market and create a more flexible and modern regulatory framework for legal services, with the aim of improving access for everyone to high quality legal services. The Bill has been referred to as ‘Tesco-–law’, given that it will allow organisations that are not owned by legal professionals (such as banks and supermarkets) to offer legal services to the public.
Because this Bill is concerned with legal services rather than criminal justice, it will not be covered in detail in this Parliamentary Report. However, the links will be provided for those who wish to find out more information.
You can read the full transcripts of the meeting in the Official Report, or watch it on Holyrood.TV. You can also read more about the Bill on the Legal Services (Scotland) Bill homepage.
Inquiry into decision on Abdelbaset al–Megrahi
Although the discussions were held in private, the minutes for the Committee’s meeting reveal that they decided to conclude the inquiry into the decision to release Abdelbaset al–Meghrahi, after hearing from the Cabinet Secretary last week. They also agreed to report its conclusions to the Parliament, and they will consider a draft report in private at future meetings. You can find out more information about this inquiry on the inquiry into decision on Abdelbaset al-Megrahi homepage.
The Chamber
Questions to the Justice and Law Officers
Antisocial Behaviour and short prison sentences
Conservative MSP John Lamont asked the Minister for Community Safety about antisocial behaviour in the Scottish Borders, the area which he represents. Mr Lamont called on the Minister to recognise the good work that is being done by agencies to combat antisocial behaviour in this area, and he argued that if the Government succeed in scrapping sentences of six months and under, they will be removing a ‘vital tool’ in tackling those who persistently commit antisocial behaviour.
The Minister replied that the Government were committed to tackling antisocial behaviour and he paid tribute to the professionals he met in the borders who are putting the Government’s Promoting Positive Outcomes framework in practice. He also said that although some practitioners use ASBOs, they acknowledge that although they may provide temporary respite, they do not tackle the root causes of problematic behaviour. The Minister also said that if someone is sentenced to six months in prison, they will spend on average less than one month in custody post–conviction, and that this was therefore not an effective disposal.
Life Expectancy of Abdelbaset Ali Mohmed al–Megrahi
The veteran Parliamentarian Lord Foulkes (Lab), asked whether the Cabinet Secretary had received any information about Abdelbaset al–Megrahi’s current health status, and whether he would share this with the Parliament if he had.
The Secretary replied that he was in not in a position to do this, because these reports remained with the council that is charged with dealing with his release, but that once they have been forwarded, they will be made publicly available.
In a supplementary question, Bill Aitken argued that the Cabinet Secretary ought to be more proactive in finding out the current status of Mr al–Megrahi’s health, given that it has now been five months since his release when he was given a three month prognosis. The Secretary replied that the criteria for compassionate release had been met in respect of the prognosis of a life expectancy of three months, in the health information provided by the SPS. He reiterated that such diagnoses were not an exact science and the Cabinet Secretary does not have the power to decide when someone lives or dies.
Domestic Violence
Christina McKelvie (SNP) asked what proportion of domestic violence crimes alcohol is believed to be a contributing factor. She argued that according to research from Scottish Women’s Aid, around a third of all reported domestic abuse incidents involve alcohol, which would account for approximately 18,000 recorded incidents in Scotland last year. She was careful to say that while she was not implying there was a straightforward link between alcohol and domestic violence, there was nonetheless a relationship as alcohol could function as an intensifier in cases of violence.
The Cabinet Secretary agreed with her that although alcohol does not cause domestic abuse, it had to be acknowledged that it was a contributing factor in a large proportion of cases. He said that while action taken on Scotland’s drink culture will not end domestic abuse, it would contribute to a reduction in the harm caused, and he called on the rest of the Parliament to support the Government’s policies on alcohol.
In a supplementary question, Cathie Craigie (Lab), asked about the pilot domestic abuse court in Glasgow, and whether there were any plans to roll it out further into other areas in Scotland. The Secretary replied that this was work in progress, but that there was no one–size–fits–all solution and that the Government would do what is appropriate for every jurisdiction in Scotland.Minimum Pricing of Alcohol
Kenneth Gibson (SNP) asked about the impact on violent crime if a minimum pricing of alcohol were to be introduced. He said that the evidence for the policy was so overwhelming that if the approach does not become law, there will be a concurrent rise in violence and disorder and more misery for families and communities than would have otherwise been the case, and he called on the Members to support the proposals.
The Cabinet Secretary naturally agreed with his colleague, and he spoke about the University of Sheffield study which quantified the benefits that introducing this policy would bring. He said that rather than giving ‘vacuous words about talking tough on crime’, some members should think about some of the causes of crime, which in many cases is made worse by cheap alcohol.
Richard Baker asked a supplementary question in which he pointed out that this policy could lead to an increase in the unregulated sale of cheap alcohol bought in England and Wales. He also pointed out the link between crime and caffeinated alcoholic drinks, which would not be identified by minimum pricing
Kenny MacAskill replied that people have always travelled to buy alcohol, whether from Calais or elsewhere, and he said if this policy were to be introduced in Scotland, people could still chose to do that, though it would be costly given the increased duty on fuel announced in the Pre Budget Report. He did not address the issue of caffeinated alcoholic drinks.
Scottish Crime Recording Standard and Male Victims of Domestic Abuse
John Wilson (SNP) asked about the implementation of the Scottish crime recording standard, and what impact this has had on the police recording of male victims of domestic violence The Secretary replied that the SCRS has provided a more uniform and victim–orientated approach to crime recording, and that there has recently been an increase in recording of domestic violence, which was to be welcomed. He said that while it was clear that domestic violence is committed against males in around 10% of cases, this means that in the vast majority of cases the victims are female, and this should not be forgotten when talking about domestic abuse.
Environmental Justice
In his question to the Minister for Community Safety, Patrick Harvie (Green) argued that for many members of the public who suffer from environmental damage, the possibility of seeking justice through the courts is an impossibility given that the associated costs often run into tens of thousands of pounds. He said that members of the public are often up against well resourced business interests, and he wanted to know whether the Government accepted that ‘protective cost orders’ should be granted in environmental public access cases. These orders are available in England, and they mean that at the beginning of a case, a judge can deem this an issue of public importance and restrict the liability of those taking action if they lose.
In response, the Minister denied that cost was an impediment to seeking justice in environmental cases, saying that individuals have access to legal aid were appropriate, which has been made more generous under this Government. He said that those who pursue action in environmental public access cases face the same issues as those who take other cases through the courts, and therefore that there cannot be a special case made for litigants who pursue environmental cases. He also said that the issue of protective costs orders had been covered by Lord Gill in his recent review of civil law and that these issues will therefore be considered together with the other issues raised in the review when they come before Parliament.
Private Car Park Fines
Irene Oldfather (Lab) spoke about the tactics that some private car park companies use in collecting fines, which she said can cause considerable distress to elderly and disabled constituents, and families on low income. She said that some companies double the fine if it is not paid within 28 days, and in some instances quadruple it if not paid soon after that. She asked whether the Government would consider regulation to ensure that any fines are collected in a fair way that does not impose undue time penalties on those who have the most difficulty paying.
The Cabinet Secretary replied that that this issue was primarily a matter of contractual law between those who own and those who use those private car parks, although he shared Ms Oldfather’s concerns. He said that if there was any harassment or abuse, that should be a matter for the police, and that it was a matter of individuals getting legal advice because it seemed to him that in many instances, such contracts were not enforceable and could not therefore be successfully pursued.
You can read all the Questions in the Official Report, or watch them on Holyrood.TV.
Written Questions
There was a question about the number of primary school aged pupils admitted to hospital for alcohol misuse in the Lothians, and how many primary pupils have been excluded from school for alcohol misuse, also in the Lothians, and the age of those convicted for handling offensive weapons, and a question about the number of heroin users in Scotland, and how many convictions there have been for loitering and soliciting under the Prostitution (Public Places) Act 2007, and about the Government’s response to Lord Cullen’s Fatal Accidents and Sudden Deaths Inquiry Act review, and there were a number of questions about wildlife crime.
Posted by KM
on Mon 14th Dec 2009
at 8:19 am
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