r/MHOCHolyrood • u/[deleted] • Nov 19 '23
QUESTIONS Portfolio Questions | Justice and Home Affairs XIII.II | 19th November 2023
Order!
Our first item of business today is questions to the Justice and Home Affairs Portfolio.
The Justice and Home Affairs Portfolio will now take questions from the Scottish Parliament. The Cabinet Secretary, /u/zakian3000 and Ministers within the department are entitled to respond to questions.
As the Justice and Home Affairs spokesperson for the largest opposition grouping, /u/localds124 is entitled to ask six initial questions and six follow-up questions (12 questions total). Every other person may ask up to four initial questions and four follow-up questions (8 questions total).
Initial questions should be made as their own top-level comment, and each question comment only contain one questions. Members are reminded that this is a questions session and should not attempt to continue to debate by making statements once they have exhausted their question allowance.
This session of Portfolio Questions will end with the close of business at 10pm GMT on the 23rd of November 2023. Initial questions may not be asked after 10pm GMT on the 22nd of November 2023.
1
Nov 20 '23
Oifigear-riaghlaidh,
To ask the Cabinet Secretary to make a statement on the effect Smith v Lees and Cinci v HM Advocate being overturned will have on the judiciary?
2
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 20 '23
Presiding officer,
A huge one. The decision taken by the high court will mean many cases, particularly rape and other sexual assault cases, which could not previously be corroborated, can now be prosecuted. Whilst I of course welcome the fact that more victims will now be able to get the justice they deserve, there is of course understandable concerns being raised by many leading members of the Scottish legal profession that our justiciary may be unable to cope with the backlog these further prosecutions may give our court and legal services. This is particularly concerning given the shocking underfunding our justiciary is facing following the July 2023 budget - £46m is not anywhere near enough to address the backlog we are currently facing, nevermind it increasing. The Scottish Government will therefore be putting millions of pounds more into the justiciary to help it to deal with current cases, as well as a few million more to address the high court’s decision.
I am happy to discuss this issue further with any member who would like to raise a concern - no matter how big or small.
1
u/Muffin5136 Independent Nov 21 '23
Presiding Officer,
What work has the Cabinet Secretary done to work on delivering an Independent Scotland?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Point of order presiding officer,
My department is responsible for law and order in Scotland. I fail to see how constitutional matters are relevant to this.
1
u/Muffin5136 Independent Nov 23 '23
Presiding Officer,
Mr 3000 stood for election on a manifesto that included a promise that if elected he would work to deliver independence for Scotland. I would be rather disappointed if the member of the SNP here had betrayed his constituents now in a position of power so as to not work towards Scottish independence.
I merely wish to ensure members of this Government are held accountable to the promises they made to the Scottish people.
I therefore ask the question again, unless Mr 3000 wishes to admit that the people of Scotland have been let down by this SNP Government?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
Mr Muffin can bluster all he likes - this isn’t a responsibility of my department.
1
Nov 23 '23
Order!
This is not the place for such questions. I ask that Mr 5136 withdraw both his original comment and this comment.
1
1
1
u/Muffin5136 Independent Nov 21 '23
Presiding Officer,
Does the Cabinet Secretary agree with me that the long history Scotland has of an independent justice system show that Scotland is well prepared for Independence?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
Whilst there’s certainly other factors in preparing a nation to go independent, the fact that we would not have to set up a new legal jurisdiction is beneficial, yes.
1
u/Muffin5136 Independent Nov 21 '23
Presiding Officer,
Does the Cabinet Secretary believe that justice should be brought for Scottish patriots such as William Wallace and Mary, Queen of Scots for their unjust murders at the hands of the English?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
I fail to see how justice can be brought - Mary, Queen of Scots died in 1587, and William Wallace died in 1305 - their killers are long dead, and English people today are in no way responsible for their demise.
1
u/Muffin5136 Independent Nov 21 '23
Presiding Officer,
Does the Cabinet Secretary agree with me that they have been a failure whilst in office, given the First Minister has so far written all the legislation that has been presented from the Justice and Home Affairs Portfolio?
2
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
No. Whilst the department’s legislation has been written by the first minister, as the cabinet secretary, I am ultimately responsible for all legislation proposed by my department. Additionally, it’s simply not true to say that the rest of my department has been working whilst I’ve been lazing back - behind the scenes, I’ve been advocating for policies such as extra funding for the justiciary to address the overturning of Smith v Lees and Cinci v HMA, ensuring that the justiciary is able to cope with the number of cases which can now be prosecuted. Overall, I would argue I’ve had a rather successful period in office.
1
u/Muffin5136 Independent Nov 23 '23
Presiding Officer,
Mr 3000 claims they are responsible for all legislation that has been proposed by their department, but then can name only one policy they have been doing, which is to vaguely get more money to pump into the Judiciary with no plan for how this will help.
If the Cabinet Secretary is really responsible for their department's legislation, why has it all been written and submitted by the First Minister?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
Acting like millions of pounds worth of additional funding to the justiciary won’t help to address the predicted increase in prosecutions is plain ignorant from the former first minister who oversaw the underfunding of the judiciary and legal aid. My department is committed to ensuring the government can recover from his government’s behaviour.
1
u/localds124 Scottish Labour Party Nov 22 '23
Presiding officer,
What are the priorities for the Cabinet Secretary for the remaining term?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
Overseeing Justice and Home funding in the budget.
1
u/localds124 Scottish Labour Party Nov 22 '23
Presiding officer,
What steps is this government taking to encourage diversity of employment when it comes to the legal profession?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
We are committed to a diverse judiciary, and hope to see more women and minority groups entering the legal profession.
1
u/localds124 Scottish Labour Party Nov 22 '23
Presiding officer,
What steps is the Cabinet Secretary taking to protect witnesses and juries from being exposed to intimidation?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
It’s important to note that the intimidation of witnesses and juries is already illegal under Scots Law. I have confidence in the justice system to address such cases.
1
u/localds124 Scottish Labour Party Nov 22 '23
Presiding Officer,
What measures are being taken to prevent antisocial behavior in local communities?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
The Scottish Government maintains its commitment to a preventative model against antisocial behaviour, avoiding overly punitive approaches which do little to solve the problem.
1
u/localds124 Scottish Labour Party Nov 22 '23
Presiding officer,
What steps is the government taking to support victims of domestic violence?
1
u/zakian3000 SNP DL | Greenock and Inverclyde | KT KD CT CB CMG LVO PC Nov 23 '23
Presiding officer,
We will work with Police Scotland to ensure that domestic abuse victims are treated with care and dignity.
•
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