Chamber and committees

We are still an outlier.

Okay.

Lord Advocate, you are correct, in that we have heard evidence from witnesses whose reading of the bill is that it would somehow give powers that could cross over the independence of not just the Crown Office but other agencies. That is clearly not the case. You have addressed that issue, but do you agree that, should the bill be passed into law, the Government probably needs to do a bit more work to ensure that everybody understands the role of the victims commissioner in relation to that point?

We have heard quite a bit of evidence, and I was really interested in the evidence of one witness who had a very positive experience in recent times. One strand of their good experience was that they had access to the advocate depute. That raises a question for me in relation to the bill. Would it take considerable resource to set up the commission? Can I guess that it will take about £20 million? John Swinney is in the room, so he can correct me if I am wrong.

Okay, it is closer to £1 million, but that resource could perhaps be used elsewhere, which is a consideration for the committee.

Lord Advocate, if the Crown Office were to provide victims more access to advocate deputes so that victims have a better experience, would that require additional resource? Would it be fair to consider doing that instead of spending money on a victims commissioner?

That would be very helpful.

But they will all come together in one specialist court. Is that your understanding?

Is there a grey area in the sense that some cases that do not involve rape or attempted rape would still be indicted in the High Court, if the Lord Advocate thought that the offences were severe enough—

—and that they would attract rights of audience of counsel? Are those cases potentially not provided for in relation to the specialist court because they are not ring fenced by being represented by senior counsel or counsel in relation to rape? Do you see where I am going with this question?

That is my understanding—thank you.

Is it your position, as per your submission, that the legislation should reflect Lady Dorrian’s recommendations, as they were?