Siobhian Brown
Scottish National Party · Scotland
“However, because their grandparents were advised by the local authority to care for them under a section 11 order rather than a section 17(6) order, they are not eligible for the payment, as the minister pointed out. In my view, that is a technicality.”
“The Care Leaver Payment (Scotland) Regulations 2026 state that, to be eligible for the care leaver payment, a young person must have been looked after under section 17(6) of the Children (Scotland) Act 1995 on or after their 16th birthday, and they must also have left care or continuing care on or after 1 April 2026.”
“Young people who are subject to an order under section 11 of the 1995 act are not looked after for the purposes of section 17(6) and are therefore not eligible for the payment. Duncan Dunlop: I thank the minister for that clarification. I would like to raise a specific example.”
“More broadly, however, we have to recognise the vital role that kinship carers play in caring for children and young people. That is why, earlier this year, we published “Scotland’s vision for kinship care: our offer of support for families”, following the Children (Care, Care Experience and Services Planning) (Scotland) Act 2026, and int…”
“My personal favourite— The Presiding Officer: This is great, but it is general question time, and we need questions. Kate Campbell: Sorry. It is for the children, Presiding Officer. Being less tired was another good reason.”
“Kate Campbell: Last week, I was at Sanderson’s Wynd primary school to speak to the primary 5s and 6s, who are doing a module on democracy and decision making. I got the notification that I had been selected to ask a general question just as I was heading off to the school.”
The complete record
Every one of 364 lines we hold for Siobhian Brown, in date order, each linked to its source. Free to read, in full, without an account. Page 2 of 8.
“Since 2012, the Scottish Government has provided £1.4 million to the Outward Bound Trust to help to deliver the Mark Scott leadership for life award. Although we recognise the positive impact that the project continues to have, it is one of many that seeks financial support from the Government. Through our safer communities funding for 2026-27, we plan to provide £3.24 million in direct grant funding to 19 partner organisations. The Outward Bound Trust will receive £30,000 from that fund. As in previous years, that funding will help it to leverage support from other funders to enable it to deliver its programme. Paul O’Kane: That answer is simply not good enough. The Scottish Government has tried this before: it tried to cut funding for that vital work a few years ago, but it was forced into a U-turn by cross-party opposition.”
“As the member knows, we have already set out the unequivocal position that prostitution is violence against women and girls and that the purchase of sex should be criminalised. [Interruption.] The member is aware of the reasons why we could not take forward her bill. Further, we will take forward the Criminal Justice Committee’s recommendation that an independent commission be established to consider the issues that were raised throughout stage 1 of that bill and inform future legislation in which the Parliament can have confidence. The Deputy Presiding Officer: That concludes portfolio questions on justice and home affairs. To allow front-bench teams to change position, there will be a short pause before the next item of business. Airports (US Military Use)”
“Survivors, front-line services, Police Scotland and very senior legal voices have repeatedly demanded action on reducing demand, yet the minister ignores them and offers only more consultations and commissions. A minister who admits that she has done no work in that area has been asleep at the wheel of her portfolio. The Deputy Presiding Officer: Could we have a question, please, Ms Regan? Ash Regan: Will the minister now apologise to survivors and resign over the complete failure of her political duty to act on expert advice? Siobhian Brown: The Scottish Government is focused on the delivery of our strategic approach to challenging demand for prostitution, including work with Police Scotland to support the implementation of its national approach on prostitution.”
“In addition, we are part of a five-jurisdiction group on commercial sexual exploitation that brings together the four United Kingdom nations and the Republic of Ireland. In the draft Scottish budget for 2026-27, further funding has been announced for support services. Ash Regan: The world is recoiling at the sexual exploitation of vulnerable women and children that has been exposed by brave survivors in cases such as those of the grooming gangs and Epstein. However, in Scotland—even within walking distance of this Parliament—men who buy sexual access to vulnerable women do so with complete impunity. For 19 years, a Government whose equally safe strategy defines prostitution as violence against women has refused to criminalise the men who perpetrate that violence. That is not caution but complicity.”
“There is an extensive list of work, which I will try to summarise in the time available. When it comes to legislation, there is the Prostitution (Public Places) (Scotland) Act 2007 and the Human Trafficking and Exploitation (Scotland) Act 2015. As the member was responsible for that area for four years, she will be aware of the 2020 consultation on challenging men’s demand for prostitution, which led to a commitment to developing a model for Scotland that effectively tackles and challenges men’s demand. A short-life working group was set up in November 2021 to support the design of that development, policy principles were published in 2022 and the strategy was published in February 2024. Joint work with Police Scotland on operation begonia started in December 2024 and was adopted nationally in April 2025.”
“In addition, through our on- going reform programme, we are considering how different funding models can be used to strengthen access to legal aid where it is needed most.”
“Paul McLennan: Will the minister explain how the reforms will ensure equality of access, particularly in more remote areas? Siobhian Brown: The Scottish Government is committed to ensuring access to justice in remote areas. Funding is available to allow solicitors to travel to remote parts of the country, which ensures that individuals do not have to rely on local provision alone when they seek publicly funded legal assistance. Furthermore, the Scottish Legal Aid Board funds 16 projects, including in East Lothian, to support people who are facing court action. We fund public legal services through the Civil Legal Assistance Office and the Public Defence Solicitors Office. All those services can operate across a wide geographical area.”
“Our reforms to legal aid will strengthen access to justice, which is a central aim of our changes. Parliament has approved reforms to children’s and criminal legal aid to remove means and merit testing in the children’s hearings system and to reduce financial barriers for young people who are moving on from care. For criminal cases, the reforms will reduce complexity, support early resolution of cases and guarantee timely representation. The Regulation of Legal Services (Scotland) Act 2025 will remove restrictions that prevent charities, law centres and citizens advice bodies from directly employing solicitors to provide certain legal services. In addition, the legal aid traineeship fund is part of our longer-term commitment to improving the sustainability and capacity of the legal aid profession.”
“Siobhian Brown: I hope that the member is able to look back at my initial response, in which I set out the work that we are currently doing. We understand that we need to improve our understanding of the prevalence of non-fatal strangulation, and we know that more needs to be done. Alongside our robust Scottish laws, we are clear that more needs to be done to understand the prevalence of non-fatal strangulation. Through the Scottish crime and justice survey, we have taken steps to find out about its prevalence in Scotland, and the initial results will be available for 2026-27. The forthcoming Scottish Government consultation will also seek views on how the matter can best be addressed and how we can legislate in future. RAAC in Housing Leadership Group 6.”
“It will also include specific consideration on how better to record data in the criminal justice system on cases involving non-fatal strangulation. Sue Webber: I struggled to hear most of that response, but I will do my best. A Centre for Women’s Justice article, posted on its website, said: “Many survivors describe how they truly believed they were going to die whilst they were being strangled. Some report such offending as taking place in full view of their children. Not being able to breathe is terrifying”. The bringing in of a stand-alone offence in England and Wales has been welcomed by front- line organisations such as Women’s Aid and the Domestic Abuse Commissioner. Why are the Scottish victims still being left behind? What message does the minister think that it sends that victims here get less protection?”
“Non-fatal strangulation is heinous behaviour that is criminal under Scots law and can be dealt with using a range of offences. We resource Police Scotland and the Crown Office and Procurator Fiscal Service, which independently enforce the criminal offences such as assault and domestic abuse that can be used to hold perpetrators to account. We have also ensured that new laws criminalising strangulation in pornography, introduced through the United Kingdom Crime and Policing Bill, will extend to Scotland. We keep laws under review and a public consultation will be published shortly, seeking views on a range of gender-based violence issues, including non-fatal strangulation. That is in line with our programme for government commitment.”
“If the member had introduced it in May 2024, we could maybe have worked together to get it in. [Interruption.] Regretfully, the Scottish Government cannot support the bill. Although we strongly support the principle of criminalising those who purchase sex, the bill’s aim is to protect women, and legislating on principle alone is not sufficient to ensure that we deliver that aim. It is necessary to have a workable, effective bill that can command the confidence of Parliament. [Interruption.] I will take an intervention from”
“I recognise that sharing personal experiences can be hard, and I am grateful to them for doing so. Michelle Thomson: Will the minister take an intervention? Siobhian Brown: I will take an intervention, but in a moment. I want to make a little bit of progress first. I also acknowledge the important role that the cross-party group on commercial sexual exploitation has played in ensuring that the social implications of commercial sexual exploitation, including trafficking and prostitution, have remained a matter of priority throughout this session of Parliament. Members will be aware that, regretfully, the Scottish Government cannot support the bill at stage 1, due to the short time left in the session to address the significant issues. [Interruption.] I think that I need to be clear that the bill was introduced just eight months ago.”
“Can the minister explain why she met lobby groups and people who said that they did not agree with the bill, but she refused to meet the survivors, who could have told her about the real reality of prostitution? Siobhian Brown: I am sorry, but I do not think that that is at all an accurate reflection from Ms Regan—absolutely not. [Interruption.] As I have said throughout, the bill has reinforced the clear and unequivocal position that prostitution is violence against women and girls. [Interruption.] It is the Scottish Government’s view, as set out in our equally safe strategy, that men should not be able to purchase sex—quite simply, women are not for sale. I thank the committee for its scrutiny, which has been thoughtful and considered. I am also grateful to all those who have provided evidence and those who have written to and met me.”
“I commend Ash Regan for the work that she has undertaken on the bill, which has brought prostitution to the top of the political agenda. Through the stage 1 process, Parliament has been able to hear directly from women who have lived experience of prostitution, which would not have happened were it not for the bill. Ash Regan: Will the minister take an intervention on that point? Siobhian Brown: Yes. Ash Regan: I have been very concerned—I would have made an intervention on the committee convener had she had time to take it— about the seeming lack of comparativeness between those who advance the argument that they do not agree with the bill and say that they have lived experience, and survivors with lived experience.”
“The Deputy Presiding Officer: Thank you, minister. That concludes the debate. 13:39 Meeting suspended. 14:15 On resuming— Business Motion”
“Their compassionate and considered contributions brought to light why the message of this year’s theme—“Bridging Generations”—is so vital in these precarious times and why, by carrying forward the voices of the past, we can work collectively towards a better future. We are now, more than ever, duty bound to preserve the memories of Holocaust survivors. This responsibility takes an even greater resonance as we seek to guard against growing distortion and those whose motivation is to undermine the truth and the horrors that human beings can inflict on one another. By remaining unified in our resolve to resist exclusionary and dehumanising narratives and instead champion the inclusive values that underpin our society, we together can have a Scotland where each of us may flourish, in safety and in peace.”
“Before I close, I would like to take a moment to reflect on the Scottish ceremony that was kindly hosted at the Parliament last Thursday night by our friends at the Holocaust Memorial Day Trust, which Karen Adam referred to in her contribution. It was an honour to share the platform with two remarkable individuals: Joan Salter, a survivor of the Holocaust, and Var Ashe Houston, a survivor of the Cambodian genocide. They shared with us very personal and, at times, emotional and heartbreaking yet inspiring stories of survival in the face of some of the worst adversities that one could possibly imagine. Also in attendance and providing a range of poignant reflections, as Jackson Carlaw referred to in his contribution, were a number of young people, including ambassadors from the Anne Frank Trust and the Holocaust Educational Trust.”
“We see Holocaust education as a vital component of that work, which is why we continue to be committed to providing opportunities for Scotland’s children and young people to learn about the Holocaust and contemporary antisemitism in our curriculum. That includes providing grant funding of up to £200,000 in this financial year to the Holocaust Educational Trust’s lessons from Auschwitz programme, which gives students and teachers an opportunity to visit Auschwitz. We also give £40,500 of funding to Vision Schools Scotland, which encourages effective school-based Holocaust education by supporting teachers in their teaching of the Holocaust and in addressing antisemitism.”
“Our hate crime strategy aims not only to ensure that victims of prejudicial criminality are cared for and supported but to strategically address the roots of such behaviour by engaging constructively with partners in the justice system. Schools play a vital role in supporting children and young people to challenge prejudices such as antisemitism, and they help our young people to value a diverse and respectful Scotland. By educating our young people about all cultures, faiths and belief systems, we support them to become responsible and truly global citizens, while helping to counteract prejudice and exclusion at the earliest opportunity.”
“Such deplorable events have left lasting scars on our world, and they are a stark warning of the terrible consequences if we stand idle in the face of bigotry and discrimination. Committing to confronting and learning from the horrors of the past must never serve only as words but must be a moral obligation and a call to action that unites each and every one of us. The recent horrific attacks that occurred in Manchester and at Bondi beach, in my home city of Sydney, show us that there must be a zero-tolerance approach to antisemitism. That is why the Scottish Government is taking decisive measures to ensure that all our diverse communities are robustly protected against those who seek to cause them harm.”
“It was instead the result of creeping yet purposeful dehumanisation of the Jewish people, whose very basic human rights were eroded in a climate of the most extreme hatred. When I had the privilege of visiting Srebrenica last year with fellow member Paul O’Kane as part of a delegation to commemorate the 30th anniversary of the Bosnian genocide, I was overwhelmed by the care that was given to building a lasting legacy to the 8,000 Muslim men and boys who were massacred by Bosnian Serb soldiers. That was the largest incident of mass murder in Europe since the second world war, but much like the Holocaust, its roots can be tracked back to intensifying levels of prejudice, which sowed the seeds of the genocidal acts that would later follow.”
“Genocide is not consigned to the history books, and it is important that we bridge the generations. Today, we honour the 6 million Jewish men, women and children who were murdered as well as the millions more who were targeted, persecuted and killed by the Nazis. We also pay our respects to the countless number of innocent people whose lives were callously cut short in the genocides that followed in Cambodia, Rwanda, Bosnia and Darfur. Holocaust memorial day marks the liberation of Auschwitz, a place of unspeakable cruelty and an inescapable reminder of the atrocities perpetrated by the Nazi regime. It is vital to understand that that crime against humanity was not sudden in nature, nor was it inevitable.”
“He gave a very in-depth historical overview, outlining how deep-rooted Jewish hatred can be and how it must be challenged. Jackson Carlaw set out his very personal journey, over many years, of trying to understand why this happened, only to find that there is no answer. He made it clear that antisemitism is on the rise and that we all have a responsibility to challenge it and to confront it at every opportunity, and the same view was echoed by Maggie Chapman and Beatrice Wishart. Paul O’Kane and Stephen Kerr raised the importance of education. As Mr O’Kane said, our Parliament must move forward in leading the nation in remembrance and also education. We need to bridge the gap and ensure that living testimony continues through education. I thank Beatrice Wishart so much for her very emotive contribution.”
“First, I thank Kenny Gibson for lodging the motion for today’s debate, which provides us with an invaluable opportunity to commemorate Holocaust memorial day. Whenever we have this debate, I always find it deeply moving to hear all the heartfelt reflections that members offer, but I find it equally uplifting that, during such a vital period of remembrance, we can all stand shoulder to shoulder. There were so many excellent speeches; every single one was excellent, but I am just going to highlight a few. Kenny Gibson gave a very powerful speech. Kenny, I sometimes think that you are a walking encyclopaedia— The Deputy Presiding Officer: Minister, could you please speak into the microphone? Siobhian Brown: I am sorry. I sometimes think that Kenny Gibson is a walking encyclopaedia.”
“Siobhian Brown: Our equally safe strategy recognises that women in rural and island communities, and the specialist organisations that support them, can face particular challenges, and that abuse can be even more hidden there than in urban areas. We fund vital specialist support services in every local authority area across Scotland, including, and importantly, in our rural and island communities, through our delivering equally safe fund. From the £21.6 million that we have allocated for 2026-27, more than £5.4 million will go to projects that support women and girls in our most rural and island communities. The Deputy Presiding Officer: That concludes portfolio question time on justice and home affairs. Scottish Hospitals Inquiry”
“We remain steadfast in our commitment to preventing and eradicating violence against women and girls and have allocated more than £30 million in 2026-27 to this vital work through the Scottish budget. The funding will enable the delivering equally safe fund, the victim-centred approach fund and Scotland’s domestic abuse and forced marriages helpline to continue to support vital work to prevent violence and support survivors of gender- based violence. We will also allocate £2 million from our ending homelessness together fund to the national fund to leave, which supports women and children to leave abusive relationships and remain safe. Evelyn Tweed: Rural gender-based violence services face different challenges. How does the draft budget support services that work in rural areas?”
“Funding is provided through the Scottish Legal Aid Board to 16 projects in areas including Dumfries and Galloway to provide assistance and representation.”
“Finlay Carson: Even before Covid, Rape Crisis Scotland warned that survivors in Wigtownshire were waiting more than two years for justice. In Stranraer, things are only getting worse, with just one sheriff and no local jury trials. Victims and witnesses are having to travel 75 miles to Dumfries, often alone, just to give evidence. The latest figures from the Scottish Courts and Tribunals Service confirm that the average wait for a sheriff summary evidence-led trial is now increasing further. Will the minister, as a matter of urgency, examine whether reinstating jury trials in the town could help survivors in rural areas such as my constituency by speeding up matters and preventing that intolerable wait for justice? Siobhian Brown: It would be for the Scottish Courts and Tribunals Service to make that decision.”
“The Scottish Government is committed to ensuring access to justice in rural areas. The Scottish Legal Aid Board has recently undertaken a comprehensive analysis to collect evidence at a geographical level of the degree of civil legal aid activity that is taking place in order to find out where the gaps are. In saying that, we recognise that there are some challenges in relation to certain locations. Through our on-going reform programme, we are considering targeted interventions, including grant funding and capacity building initiatives, to strengthen access to legal aid where it is most needed. The Regulation of Legal Services (Scotland) Act 2025 will also remove restrictions that prevent charities, law centres and citizens advice bodies from directly employing solicitors to provide certain legal services.”
“On broadening the firefighter role, I meet Fire Brigades Union Scottish officials regularly, and I recognise that they have a sound working relationship with SFRS senior managers. In those meetings, they are effective in lobbying for additional funding, and I know that the firefighters will be disappointed that we have not been able to afford the significant additional cost of broadening their role. Although there are clear public sector reform advantages in firefighters doing more to keep our communities safe, the tough choices that the Government faces—”
“That was done to reduce duplication and to save money while protecting front-line service delivery, and the SFRS has achieved that. The previous model was simply not sustainable. The reduction in the number of firefighters consists of 661 whole-time firefighters, 515 on-call firefighters and 63 in operational control. However, the majority of those on-call posts are actually vacancies, and the SFRS continues to work to fill those posts wherever possible. As part of the measures to reduce duplication, the SFRS has moved from having eight control rooms to having three, which is why there has been a reduction of 63 control-room staff. On whole-time firefighters, the SFRS has also reduced duplication in the number of middle managers while ensuring that the vast majority of the 356 fire stations across Scotland remained operational.”
“The Scottish Fire and Rescue Service needs to be effective and efficient. The nature of risk is changing and, with that, there needs to be change in how the SFRS configures its response capability. In saying that, I state that I will, of course, have to be absolutely assured that public safety will not be unduly compromised as a result of any changes that the SFRS makes. However, I know that the SFRS will properly assess the impact of any change, and I will continue to seek assurance from it on that matter. I will move on to public sector reform and reduction in firefighter numbers. It is important to remember that, through the Police and Fire Reform (Scotland) Act 2012, this Government introduced a major piece of legislation on public sector reform to create a single national fire and rescue service in Scotland.”
“Katy Clark: The minister must be concerned about not only the continued increase in response times, but the prediction that they are going to increase if current policies are continued. She must surely be considering, as one of the aspects of the review, whether any changes will bring down response times. Siobhian Brown: Of course—I will come to response times further on in my speech, if I may. Deputy Presiding Officer, can I get some time back? The Deputy Presiding Officer: I can give you the time back for the intervention. Siobhian Brown: I have made it clear that I view the decisions on where the resources should be placed as a matter for the chief officer and the SFRS board. It is not appropriate for me, or for any politician, to attempt to intervene in those operational issues.”
“I am told that it is not about austerity, although I understand that people think that it is. I will try to make a bit of progress, if I can. The SFRS’s public consultation on its service delivery review concluded in September. However, the SFRS board has requested that further work be undertaken on the independent analysis of the consultation responses, along with a fresh and independent look at the equality impact of the possible options for change. That work is on- going, and that is why things have been delayed. The SFRS is not able to provide a precise timetable for when the work will be completed. I would like to clarify that the SDR is a change programme, which will be implemented over a five-year period.”
“The review looks like it is targeted, and it looks like it is an austerity measure. The Deputy Presiding Officer: We are going to need briefer interventions, if they are to be taken. Siobhian Brown: I totally appreciate and understand what the member says. I have regular meetings with the SFRS, which has made it very clear to me—I know that this has come up at committee, too—that it would be considering the proposed changes even if it had all the money. I get independent advice from His Majesty’s Fire Service Inspectorate in Scotland, and the chief inspector has said to me that he would be very concerned if the SFRS was not considering reform. I understand that people are concerned about austerity, but I have had those conversations about how the review can deliver over the next five years.”
“I am sure that all of us in the chamber, regardless of our political colours, would agree with that. Maggie Chapman: I do not think that there is anybody in the chamber, including among the representatives of the SFRS and the FBU, who does not think that there needs to be some change. The fire service cannot go on as it is, because the risks certainly are changing. However, part of the problem is that, given how and where things are being targeted, the review is clearly being viewed as an austerity measure, not as a strategic piece of work in the round. I think that we all agree that we need to have conversations about how we address the changing nature of the role of firefighters, including how they deal with floods, wildfires and the like, but that is not what the service delivery review is doing.”
“Colin Brown of the FBU told me: “Overall casualties and fatal casualties from all incident types have risen sharply”. The Deputy Presiding Officer: Minister, I can give you the time back. Siobhian Brown: Thank you, Deputy Presiding Officer. I am just going on the information that I have in front of me today. I will write to the member about that point. I would also say that, although house fires and casualties have reduced, the number of incidents such as flooding and wildfires has increased, of which we are all acutely aware. That is why it is right that the Scottish Fire and Rescue Service carefully considers how to adapt to changing risks in order to remain effective and efficient, to ensure that firefighters are in the right place and at the right time.”
“I heard what Richard Leonard said about his conversations. I do not know whether the figures that he mentioned are accurate, but that is not the information that I have been given. The statistics show that there has been a 33 per cent reduction in non-fatal fire casualties between 2009-10 and 2023-24, but there has been a 32 per cent reduction in fatal fire casualties over the same period. It is very important that we get that across. Richard Leonard: I had a look this morning at a graph on page 18 of the incident statistics document. If the minister looks at the statistics, she will see that they show that there has been a drop between 1990 and 2014, but from 2014 to the present day the line is pretty much flat: the number of fatalities has not dropped in the same way. I will also say this: this is not just about house fires.”
“I thank Maggie Chapman and all the members who have contributed to this important debate. As the minister with responsibility for fire and rescue, I express my appreciation for the staff of the Scottish Fire and Rescue Service, who work tirelessly to keep our communities across Scotland safe. I welcome to the public gallery representatives of the FBU, along with representatives of the Fire and Rescue Services Association whom I met this morning when we had some very helpful conversations. I want to get a few points across about the service delivery review first, because the debate is very broad. As we know, the nature of the emergencies to which the SFRS responds has changed significantly over the years. As an example, the number of dwelling fires has reduced by more than 20 per cent since 2013.”
“Will the Scottish Government finally press the United Kingdom Government for a clear national framework on registration, insurance and licensing instead of letting the problems get worse? Siobhian Brown: We have had lots of meetings about the matter over the past year and will, I hope, have another one with MSPs who have an interest in it. Jim Fairlie and I wrote to the UK Government regarding it in October. I received a letter last week saying that the Labour Government did not feel that any legislation was necessary, which is disappointing, but I will keep members updated on that. Swimming (Open Letter from Elite Swimming Athletes) 6.”
“Operational policing decisions, including taking enforcement action against illegal and antisocial e- scooter use, are rightly a matter for Police Scotland, and the member will be aware of my commitment to working collectively to address concerns that were raised during the debate on 9 December. I welcome the positive examples of Police Scotland’s enforcement activity in this area. Sue Webber: I struggled to hear the answer, so I will do my best. In Edinburgh, in my region, the number of e- scooter confiscations has tripled in just two years, while some areas have recorded none. E-scooter use is clearly a growing menace to everyday Scots, who feel unsafe just walking about in their high streets. The statistics show that there is a lack of consistency, but the minister has denied that there is a postcode lottery in public safety.”
“The Scottish Government does not accept that reliance on local enforcement creates a postcode lottery in public safety. Police Scotland operates within nationally set strategic police priorities, which apply to the whole of Scotland and emphasise public safety, prevention and consistency, while allowing appropriate local flexibility to respond to community needs. The Scottish Government continues to support policing capacity through record funding of £1.64 billion in this financial year. Scotland has a higher number of police officers per capita than England and Wales, and Scottish Government funding enabled Police Scotland to take on more recruits in the most recent financial year than at any time since 2013.”
“Siobhian Brown: As, I am sure, the member is aware, the Judiciary and Courts (Scotland) Act 2008 guaranteed judicial independence and established the Lord President as the head of the Scottish judiciary, responsible for the efficient disposal of business in the Scottish courts. Although the Scottish Government supports the ethical and responsible use of AI in public services, it has no role in judicial decision making and cannot intervene in matters that fall within the remit of the courts and the judiciary. The Deputy Presiding Officer: That concludes portfolio questions on justice and home affairs.”
“Murdo Fraser: I thank the minister for her response, but I am astonished that Scottish ministers do not regard it as a serious matter that artificial intelligence could be used to compile judgments in our courts. The publication of the recent tribunal judgment in the case of Sandie Peggie v NHS Fife raised serious concerns, given the number of manifest errors in it and the unprecedented number of corrections that had to be made. That led to suspicions that artificial intelligence was used to produce the judgment. Should the Scottish Government not be speaking urgently to the Lord President about those matters, to ensure the maintenance of public confidence in our judicial system?”
“The Scottish Government does not consider it appropriate to comment on the judiciary’s use of artificial intelligence. That is because the judiciary is independent of the Scottish Government, in order to preserve the independence of the legal system and to protect it from political interference. Legislation places a duty on all Government ministers, law officers and members of the Parliament to uphold judicial independence, barring them from trying to exert influence over judicial decisions. Decisions about judicial processes, including whether to use AI in composing judgments, are solely for the judiciary to determine. As head of the judiciary, the Lord President is responsible for making and maintaining appropriate arrangements for the training and guidance of Scottish judicial office-holders.”
“Furthermore, access to solicitors can be facilitated remotely in several ways, and funding is available to allow solicitors to travel to rural and remote parts of the country to carry out work, which means that individuals do not have to rely on local provision alone when they seek publicly funded legal assistance.”
“Can the minister set out what more can be done to assist in attracting trainee solicitors to our islands to practise law and improve access to rural legal aid, and what the Government will be able to do in its next conversations with the SLAB and the Law Society of Scotland on those issues? Siobhian Brown: Scotland’s universities are rightly regarded as world leading in educating solicitors and legal professionals. The Scottish Government recognises the need to ensure that talent is deployed across all parts of the country, including in rural and island communities, where access to legal aid can be challenging. I am willing to consider all further measures with stakeholders—including trainees themselves—to find out what more can be done to attract trainees and newly qualified solicitors to rural Scotland and improve access to justice.”
“The Scottish Government is committed to ensuring access to legal aid in rural and island communities. Although private solicitors cannot be compelled to undertake legal aid work, we continue to invest in the system to ensure availability. Funding is available to allow solicitors to travel to rural and remote parts of the country to carry out work, which ensures that individuals do not have to rely on local provision alone when they seek publicly funded legal assistance. Through our on-going reform programme, we are considering making targeted interventions, including grant funding and capacity-building initiatives, to strengthen access to legal aid where it is needed most. Alasdair Allan: I welcome the Scottish Government’s work with the Scottish Legal Aid Board and others on those issues.”
“Those changes will ensure that financial support that is intended to help care-experienced young people does not create unintended barriers to accessing justice.”