14th Report, 2008 (Session 3)

Annual Report 2007-08

Remit and membership

Remit:

To consider and report on (a) the administration of criminal and civil justice, community safety, and other matters falling within the responsibility of the Cabinet Secretary for Justice and (b) the functions of the Lord Advocate, other than as head of the systems of criminal prosecution and investigation of deaths in Scotland.

Membership:

Bill Aitken (Convener)
Bill Butler (Deputy Convener)
Cathie Craigie
Nigel Don
Paul Martin
Stuart McMillan
Margaret Smith
John Wilson

Committee Clerking Team:

Douglas Wands
Anne Peat
Euan Donald
Christine Lambourne

Annual Report 2007-08

The Committee reports to the Parliament as follows—

Introduction

1. This report covers the work of the Justice Committee during the parliamentary year 9 May 2007 to 8 May 2008. This proved to be a busy and productive year for the Committee. Although there were legislative commitments to meet, these were not so onerous as to preclude the Committee from initiating its own work. In particular, the Committee was able to devote considerable time to scrutinising policing in Scotland, both in the course of two inquiries and as the main area of scrutiny of the draft budget.

Bills

Judiciary and Courts (Scotland) Bill

2. During the parliamentary year, the Committee undertook consideration of only one bill. The Judiciary and Courts (Scotland) Bill was, however, of considerable constitutional significance and the Committee considered carefully the detailed evidence received.

3. The introduction of this Bill followed a programme of reviews and consultations initiated by the previous administration. The Bill seeks to unify the judiciary under the Lord President and to strengthen judicial independence. In the course of the Committee’s scrutiny of the Bill, the Committee took evidence from a number of distinguished witnesses. Notably, the Lord President gave evidence on Scottish legislation to a parliamentary committee for the first time.

4. The Committee agreed to the general principles of the Bill, but in so doing drew to the Scottish Government’s attention its reservations about moving direct authority for the Scottish Court Service away from Scottish Ministers and its concerns about the considerable administrative and organisational burdens to be placed on this and any future Lord President. The Committee requested that the Scottish Government provide independent quantifiable evidence about the impact that the Bill’s proposals could have on judicial time, as it was concerned that the impact could be to detract from the judicial role. In recognition of the Committee’s concerns the Cabinet Secretary for Justice has commissioned an independent review of the likely commitment of judicial time to administrative duties arising from the Bill.

5. Assuming the Parliament agrees the general principles of the Bill, the Committee will continue consideration of the Bill in the next reporting year.

Inquiries and Reports

Effective use of police resources inquiry

6. The Committee’s first major piece of work this session was its inquiry into the effective use of police resources in Scotland. 40 years after the enactment of the Police (Scotland) Act 1967, the Committee considered it timely to assess how efficiently and effectively the police currently deliver their services to the people of Scotland.

7. The inquiry focused primarily on the management and deployment of police officers. The evidence taken during this inquiry highlighted enormous changes in the social, economic, political and technological context within which Scotland’s police forces are required to operate. Taking account of the environment in which the police work and the challenges they face, the Committee concluded that police resources are currently inadequate to meet present commitments.

8. The Committee recommended a fundamental and independent review of the police role and responsibilities in the 21st Century. The Committee highlighted a number of areas where improvements could be made in the operation and governance of the police as well as identifying areas for further scrutiny.

9. The Scottish Government stated in its response to the Committee’s report that it would give consideration to the recommendation that it should initiate an independent review of the role and responsibilities of the police in Scotland.

Community policing inquiry

10. In the course of its inquiry into the effective use of police resources, members expressed concern at the absence of a commonly agreed definition and approach to community policing in Scotland. In view of this, members agreed to undertake a more detailed inquiry into the purpose and effectiveness of community policing. To inform this inquiry, the Committee has so far visited Dundee and the Scottish Borders. In the course of the next reporting year, the Committee will be undertaking more visits as well as holding formal evidence sessions.

Draft Budget 2008-09

11. This year the Committee concentrated its scrutiny of the Scottish Government’s draft budget on policing and prisons’ proposed spends.

12. In its report, the Committee focussed primarily on the policing budget, building on the work it had conducted during the course of its inquiry into the effective use of police resources. The Committee recommended that the Scottish Government revise its spending plans to make funding available to recruit sufficient police officers to deliver its manifesto commitment to increase the number of serving officers by 1,000. This recommendation was accepted by the Scottish Government and the budget was revised accordingly.

Subordinate Legislation

13. Much of the Committee’s remaining time was devoted to consideration of secondary legislation. The Committee reported on 19 affirmative statutory instruments and considered 67 negative statutory instruments during the course of the parliamentary year. In spite of the high volume of instruments under consideration, the Committee ensured that each instrument was given due scrutiny, determining on one occasion to annul an instrument and on another to recommend that the Parliament not approve an instrument.

Petitions

14. The Committee considered four petitions this year on: the Fatal Accidents and Sudden Deaths (Scotland) Act 1976; the protection of partners and children of abusive parents; the public health implications of cheap alcohol; and the legal system fees arrangements.

15. The Committee agreed to close the petition on the Fatal Accidents and Sudden Deaths (Scotland) Act 1976 in light of the announcement on 7 March 2008 by the Cabinet Secretary for Justice that Lord Cullen was to lead a review of the Act.

16. The Committee also agreed to close the petition on cheap alcohol in light of the ongoing work being undertaken by the Scottish Government on the public health implications of cheaply available alcohol.

17. The other two petitions remain under consideration.

UK Legislation

18. The Committee considered and reported on legislative consent memoranda on four UK Bills: the Serious Crime Bill; the Criminal Justice and Immigration Bill; the Pensions Bill; and the Statute Law Repeals Bill.

Visits

19. To inform its inquiry into community policing, the Committee agreed a programme of fact-finding visits. To date, the Committee has visited Dundee and the Scottish Borders. In undertaking the visits, Members have gained an appreciation of the contrasting approach taken by police forces to the delivery of community policing in an urban and in a rural environment.

20. Members have also maintained a watching brief on the provision of prisons and the transport of prisoners. To this end, the Committee undertook fact-finding visits to HMP/YOI Cornton Vale, HMP Barlinnie and Reliance Custodial Services.

Equalities

21. The Justice Committee has sought to take account of equalities issues in the consideration of its work programme.

22. When the Justice Committee considered proposals for its fact-finding visits to prisons, Cornton Vale prison was specifically included in the programme to ensure that issues particular to female as well as male prisoners could be examined and contrasted.

Meetings

23. During the parliamentary year (9 May 2007 to 8 May 2008), the Committee met 25 times. Of these meetings, 2 were entirely in private and 18 were partly in private. Both of the meetings in private were to consider draft reports.

24. All meetings were held in Edinburgh.