Chamber and committees

The next agenda item is consideration of evidence on a negative instrument. I welcome to the meeting Keith Brown, Cabinet Secretary for Justice and Veterans, and Jamie MacQueen, from the Scottish Government legal directorate. Allister Purdie, director of operations, Scottish Prison Service, is attending online. I refer members to papers 3 and 4 and I invite the cabinet secretary to make some brief opening remarks.

I have a follow-up question on the process of assessment and decision making that governors and others follow. We know that the decisions on imposing these particular provisions are public-health based. I am interested in the process and how it is informed. Can you give us some of the detail of the risk assessment process?

Thank you very much. It will come as no surprise that we have a number of questions about conducting court business by electronic means.

I will bring in Jamie Greene. I know that you have questions on the issue of early release, but can we stick with electronic court options for the moment?

Good morning, and welcome to the ninth meeting in 2022 of the Criminal Justice Committee. We have received apologies from Pauline McNeill and Collette Stevenson.

Our first item of business is an evidence session on the justice provisions in the Coronavirus (Recovery and Reform) (Scotland) Bill. I refer members to papers 1 and 2.

I am pleased to welcome our first panel of witnesses. Kenny Donnelly is procurator fiscal for policy and engagement at the Crown Office and Procurator Fiscal Service, and David Fraser is executive director of court operations at the Scottish Courts and Tribunals Service. It is nice to see you both. We appreciate the time that you are taking to join us.

We move directly to questions. We have around an hour and 15 minutes or so. I will start things off.

The written submissions that you have sent in advance to the committee have been helpful to our understanding of the perspectives of your respective organisations on the provisions of the bill, and of the next steps and opportunities to make some of the Covid provisions permanent. Before we get into other members’ questions, it might be helpful to have a general update. How are the courts and casework at the Crown Office beginning to adapt, now that restrictions are easing and we are beginning to move to a new normal?

I apologise, cabinet secretary—I was just very aware of the time, which is why we went straight to questions. I am sure that members will have further questions to ask.

Is that you, Jamie?

In the spirit of timekeeping, we will bring the matter to a close. I apologise once again for my sloppy convenership in forgetting to bring you in, Fulton, and for not allowing you to make your opening statement, cabinet secretary. You are, of course, welcome to make any additional final comments now or share information with the committee in due course. Finally, I ask for reassurance that the committee will be kept updated on the on-going review.

As members have no more questions, I thank all our witnesses for attending.

We will take a short break to allow for a changeover of witnesses.

I refer members to my entry in the register of members’ interests. Local government financial returns for 2020 show that Aberdeen has the highest debt level per head of population in Scotland. For every Aberdeen resident, that stands at £4,954. West Dunbartonshire is the council with the next highest level of debt per head of population.

Local government funding is vital to ensure the delivery of front-line services, and debt is a normal aspect of funding arrangements. However, debt must be not only serviced but repaid. Does the minister agree that it is vital that local authorities exercise prudent and responsible management of budgets to prioritise the delivery of key services over tempting big spending opportunities?

I begin by offering my condolences to Milly Main’s family for the circumstances that have led us here, and expressing my admiration for the courage and determination of Milly’s mother, Kimberly, over the past five years. I, too, extend my thanks to all public sector staff who are committed to looking after and supporting the people of Scotland who they care for every day.

Milly’s tragic death at the Queen Elizabeth university hospital in 2017 and the circumstances of the subsequent investigation were, I am sure, a distressing time for her family, friends and community. Milly’s story may not be an isolated one but, through the hard work of Kimberly and others, it is one that will lead to change. I welcome the debate and I hope that the potential introduction of Milly’s law will help to ensure that such failings never happen again but that, whenever they do happen, the families who are impacted are supported to establish the truth. Milly’s law proposes positive change in how our public sector deals with institutional failings, and I commend the work and persistence of Anas Sarwar in highlighting the issue.

As convener of the Criminal Justice Committee, I, with my colleagues, have listened to many professionals, experts and others on the challenges faced by ordinary people who seek support from and answers within the criminal justice system. However, for some, navigating that system is almost as traumatising as the incident that took them there in the first place. Their testimonies have demonstrated why it is so important that, when people feel let down or failings happen, lessons are learned and corrective action is taken to ensure that lasting improvements are made.

I welcome the opportunity that Milly’s law can bring to bereaved families, and, in particular, the establishment of the patient safety commissioner, which will enhance and complement the work of the Scottish Public Services Ombudsman and will ensure that the voices of the people using our health services are heard and their concerns are acted on. Opportunities to improve what can be a reactive system offer much-needed help and support to families in their time of need. They can also ensure a timelier recognition of issues, helping to drive forward continuous improvements in patient safety.

Turning to the matter of a duty of candour, I very much welcome the introduction of legislation that creates a requirement for all care providers, including health boards, to review certain types of adverse events and to meet personally with those affected, to apologise and to meaningfully involve them in a review of what happened. I hope that that will mean that, in future, families get answers more quickly and in a way that perhaps makes them feel less alienated from the process.

Finally, on a related issue, I welcome the Scottish Government’s commitment to consult on legislative proposals later this year, with a view to delivering new laws that will improve transparency and further strengthen public confidence in the police. It is in the interests of Police Scotland and of the wider public that we ensure that the systems for investigating complaints and failings are as robust and transparent as possible.

In conclusion, I commend the work that has been done to date around the proposals for Milly’s law, and I hope that it will result in tangible improvements in the way that our public sector deals with bereavements and institutional failings in the future.

I also commend Kimberly for her work, her commitment both to Milly and to this important campaign, and for reminding us all that there is nothing as powerful as a mother’s love.