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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 April 2026
  7. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1467 contributions

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Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Are there any limitations on the sources of information for that process that the Scottish Prison Service pursues to ensure that it has the broadest possible perspective on the history of an individual and the risk that they might pose to any other prisoner or member of staff in the Scottish Prison Service?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Thank you for that. Would you accept that the instrument on the prison rules that the committee is looking at this afternoon places an obligation on the governor to ensure that, in their institution, there is an appropriate opportunity for a member of staff to raise their concerns and have them properly and fully addressed? Would you accept that that is required of the governor as a consequence of them being allocated the discretionary power in question?

13:30  

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

I will move on to the ground that the convener started on, which is the risk assessment that is undertaken. Can you explain to the committee the degree of rigour, and the scope, of the risk assessment that is carried out in those circumstances and whether that rigour and scope are applied to any other scenarios in the Scottish Prison Service?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

I would like to follow up on the point that Russell Findlay has been raising with Teresa Medhurst in relation to the discretion that is provided for governors to opt for a search to be undertaken by an officer of the individual’s original gender. I wonder whether Teresa Medhurst could put on the record the approach that she envisages that a governor would take in fulfilling the statutory obligation in the instruments that the committee is considering this afternoon, particularly in the scenario that Mr Findlay put, where an officer has concerns about what they are being asked to do.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Would you say that what is in front of the committee today is a strengthening of the obligation on governors to ensure that the perspectives and concerns of members of staff are addressed to a greater extent, with greater obligation, than was the case before?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

John Swinney

Convener, it is difficult to hear the witness when there are conversations going on to my left. I want to concentrate on what Ms Medhurst has to say to us.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Can you share with the committee any data on the level of spare capacity in the court and tribunal infrastructure in Scotland? What is the utilisation level of the court infrastructure in the country?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

John Swinney

Thank you very much, convener.

Lady Dorrian, one of the remarks that you made just a moment ago was, I thought, of enormous significance, and I would like to develop the thinking a bit further. You talked about the concept of embedding “a new culture”.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

John Swinney

I think that, for the committee’s benefit and to serve our understanding of the thinking that has underpinned your work, we would like to hear just a little bit more about that. Having listened to the evidence on the bill’s other contents, I find that what has really resonated with me is that culture issue and the necessity of changing the dynamics and the nature of the process that is under way. If I understand you correctly, you are telling us that cannot really achieve that by tinkering with what, for argument’s sake, is a Victorian set of procedures. Instead—and I was struck by this in your report—you need to go in with a blank sheet of paper. I think that your response to that would help us understand the cultural point that you are making.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

John Swinney

I would like to raise with you an issue that follows on from Katy Clarke’s point about the flow of information. You chaired a whole-system review group, which was in recognition of the fact that whole-system issues are involved. Will you share with the committee what else you think needs to be improved to get us to a position in which we can look back on the reforms as a seminal moment in improving the experience of complainers and ensuring that the process operates in a more timely fashion, given the premium that you have attached to evidence being gathered in a timely fashion, so that recollections can be tested in the most effective way and when they are strongest during an individual’s experience.