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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 1467 contributions
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
That exchange rather says to me that the association is picking and choosing what it is engaging with. That is where I have a difficulty with the association’s position, because that relates directly to the rule of law.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
Thank you for that answer. Does the association acknowledge that the Scottish Parliament has the constitutional power to legislate on the issues that are in the bill?
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
Does the association believe in the rule of law?
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
Surely there is an obligation on the legal profession in its entirety. The committee has heard evidence from the Faculty of Advocates that it has no right of discretion in the handling of cases. However, I am interested in what the stance that the association is taking will say to the wider audience in Scotland, and what it says about the legal profession—if the legal profession is not prepared to engage in what has been defined as the law of Scotland.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
Surely, that is the very point of your proposed boycott. You are saying that judge-only trials will somehow not be fair—
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
—despite the fact that they happen on countless other issues, around the country, all the time. They will be happening at this minute.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
The answer that you have just given is slightly different from the ones that you gave me. Rona Mackay put to you the nature of the proposition, and you said that it is your job to make laws work, but you told me that you will not do that if the bill is enacted by Parliament. That is quite a contradiction of what you said to me in your earlier answers.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
Could you explain to the committee the association’s understanding of the role of the Scottish Parliament in our constitutional structures?
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
If Parliament supports the bill, it will make it the law of Scotland that there should, on a pilot basis, be judge-only trials for rape cases. That will be the law of Scotland. I am intrigued to understand on what basis your members have the right not to follow that law, when you have told the committee that it is the job of the legal profession to do its job in trials.
Criminal Justice Committee
Meeting date: 6 February 2024
John Swinney
I am interested, philosophically, in how members of the legal profession can, in essence, say that they will not follow the rule of law, if Parliament agrees to the legislation.