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.”
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“The First Minister’s gathering on strengthening and protecting democracy brought key members of our society together to agree a common approach to asserting the values of our country and to creating a society in which everyone can flourish. Let us challenge anyone who would deny our values, and let us work co-operatively to stand against division. The Scottish Government will continue to do so. The Deputy Presiding Officer: That concludes the debate. 13:19 Meeting suspended. 14:30 On resuming— Portfolio Question Time Social Justice”
“We are indebted to Beyond Srebrenica for the power of work that it does across Scotland to educate about and commemorate the genocide. The delegation was an incredibly profound, moving and confronting experience that challenged us all to bring home what we had seen and experienced. We must lead by example and remain ever vigilant. Days such as white armband day are crucial to ensuring that the grave consequences of the past are never forgotten and never repeated. We are committed to combating all forms of hatred and prejudice, including through the delivery of our ambitious hate crime strategy. Preventative work that builds strong, respectful and cohesive communities can prevent the narratives that foster prejudice from taking hold.”
“We had the honour of meeting the tour de force that is Bakhira Hasečić, who established the Association of Women Victims of War, which is a charity that brings together victims of sexual assault and holds perpetrators to account. We met representatives of Žene za Žene, or Women for Women, which was founded in Bosnia to help women who have been displaced by war. We met representatives of the International Commission on Missing Persons, which conducts DNA identifications and challenges denial as it continues, 30 years later, to find the remains of the 8,000 boys and men so that they can be buried by their families. There was also a profound visit to the War Childhood Museum, which archives artefacts belonging to young children, encouraging us to confront truths from the past while instilling a sense of hope for a peaceful future.”
“On our descent down to Sarajevo city, we saw built-up areas in which we were told snipers had been positioned. Although that was 30 years ago, the evidence of the war is still engrained in Sarajevo’s everyday life. All around Sarajevo, the streets are damaged by historical artillery and bullet marks, which are painted red in remembrance of those who lost their lives. We heard reflections from ordinary people on the extraordinary methods that they use to protect themselves and their families, even to this day, 30 years later. Although some wounds deepen with time, there are also remarkable illustrations of strength, resilience and hope. We were fortunate to be led by our guides Suvad and Sabina, who shared their raw personal experiences of the historical events with bravery and grace. On our delegation, we visited many organisations.”
“In the memorial centre, we saw hard-hitting real- life footage of young men—some of whom I would call boys, as they were the age of my son—who had been brutally beaten and were being carted on a truck like animals, before being lined up and shot. That is the footage that Michelle Thomson referred to as being used in the court case and that Paul O’Kane mentioned in his speech, too. We saw shoes and other belongings that were left behind as people desperately attempted to flee to Tuzla, which was a journey that later became known as the death march. Although the war is over, many of its scars remain. In 1984, Sarajevo hosted the winter Olympic games and, as part of the delegation’s guided tour, we visited the site of the old bobsleigh track that was used during the games.”
“The delegation underlined the importance of standing up to hatred, of understanding and challenging the impact that prejudice can have, and of building a cohesive and resilient society. I travelled to Srebrenica and visited the cemetery in Potocari, which is the site of the graves of more than 8,000 men and boys. There, we heard from survivors Nedžad Avdić and Almasa Salihović, who shared the terror, destruction and violence that they had endured. As they told their experiences, it was like watching them relive every moment of terror that they had endured. It was a truly humbling experience. Despite the sheer inhumanity that they described, they and many others show remarkable resilience and commitment by returning to Srebrenica to preserve those memories and to challenge and confront those who deny them.”
“Violence in the region continued to escalate, including through concentration camps in the north-west, which were discovered and shared to a shocked world by journalists Ed Vulliamy and Penny Marshall in the early 1990s. In 1997, Ed Vulliamy described a camp in Omarska as a “dark inferno of mutilation, starvation, torture and murder.” Prijedor is the site of one of the largest mass graves in Bosnia, where the bones of several hundreds of people were unearthed. Thirty years later, across Bosnia, many mothers and wives have still not been reunited with the remains of their loved ones. In March, I had the privilege of joining a delegation to Bosnia and Herzegovina with the charity Beyond Srebrenica.”
“It represents the enforcement of a decree that was issued on the local radio that compelled non-Serb citizens to wear a white armband, segregating them simply for who they were. At the UN’s International Criminal Tribunal for the former Yugoslavia, witnesses from Prijedor shared that “life was very hard. Our movements were restricted. If you went to buy anything in a shop, you had to wear white armbands. On the windows of our houses and apartments, we had to hang out white flags.” That slow process of dehumanisation singled out many non-Serb citizens and set in motion heinous campaigns of brutality, violence and ethnic cleansing.”
“Members will be aware that Paul O’Kane and Beyond Srebrenica have organised a drop-in session this afternoon to raise awareness of white armband day, and I encourage members to attend if they can. There will also be a national commemoration of the Srebrenica genocide in Glasgow on 10 July. I hope to see members at those important events. I thank members for their very powerful contributions this afternoon. I think that those of us who had the honour and the privilege to go on the delegation to Bosnia will all agree that it was totally life-changing. It definitely was for me. White armband day, which will be commemorated on Saturday 31 May, provides an opportunity to recognise and honour the victims of the atrocities in Prijedor and the surrounding areas.”
“First, I express my gratitude to Michelle Thomson for sponsoring today’s motion. I also sincerely thank everyone who has kindly taken this opportunity to commemorate the 30th anniversary of the Srebrenica genocide, which will take place on 11 July, and white armband day. I echo the heartfelt words that have been offered by my fellow members in remembrance and recognition of the victims across Bosnia and Herzegovina, just as I did earlier this year when we came together to commemorate the 80th anniversary of the Holocaust. I also give a warm welcome to those in the gallery, including the young people and their teachers from the lessons of Srebrenica schools competition. I can also see Sabina Kadić- Mackenzie, who graciously led me and others on a delegation to Bosnia and Herzegovina, and Barry Fisher, the secretary for Beyond Srebrenica.”
“The bill will enhance the standards, accessibility and transparency of the legal profession, making it better equipped to serve the people of Scotland in an ever-evolving legal landscape. At its core, the bill seeks to deliver a framework that ensures that Scotland’s legal services are accessible, accountable and of the highest quality.”
“I thank the members and the clerks of the Equalities, Human Rights and Civil Justice Committee for their scrutiny work and engagement with me throughout the passage of the bill. Last, but definitely not least, I express my deepest gratitude to the bill team, who predate my responsibility for the bill and have been a huge support throughout, for working tirelessly on the bill for two years. There is no doubt that the Regulation of Legal Services (Scotland) Bill is a technical piece of legislation that may seem dry to many. However, it has provided Parliament with a major opportunity to modernise and improve the way in which we regulate legal services in Scotland.”
“I am pleased that we have completed stage 3 of the Regulation of Legal Services (Scotland) Bill with so much consensus on the final amendments to the bill, just as we had at stage 2. The bill’s journey from its introduction to this final stage has been a rigorous and collaborative process involving extensive consultation and discussion. I start, therefore, by acknowledging the contributions of all stakeholders, particularly the legal professionals, regulatory bodies, consumer representatives and members of the public who have shared their insights and views. I thank them for their input, which has been invaluable in shaping the bill and ensuring that it reflects the interests of all those who interact with the legal system.”
“If we do not get definitions of the status of registered foreign lawyers correct, in order to provide legal certainty that they are permitted to part-own authorised legal businesses as part of multinational practices, that could have a particularly concerning impact on the legal services market in Scotland. The ownership structures of some of our largest and best-known law firms could be threatened by the implementation and interpretation of the statute. It is difficult to overstate the level of concern that that has caused within the legal profession, because it is a significant issue that many lawyers feel has been left in the balance for the past two years. We are talking about the ability of some of the United Kingdom’s largest law firms to operate here in Scotland, which concerns thousands of jobs and tens of thousands of clients.”
“However, the minister’s written explanation to me about the necessity of the powers that are provided to the SLCC to direct minimum standards has been very helpful for my understanding of the purpose of the subsections. If the minister will provide detail of that on the record in her contribution, I would be most grateful and, subsequently, minded not to move those two amendments. I turn to my remaining amendments in the group, which are amendments 117 to 122 and 138, regarding qualifying individuals and the status of registered foreign lawyers. The issue is critical to the functioning of the legal services market in Scotland; it was debated extensively at stage 2 and we heard evidence on it at stage 1.”
“Instead, legal providers must adhere to professional principles, which are already covered elsewhere in the bill, so the subparagraph is an incorrect reference that has to be removed from the bill. I am grateful to the minister, again, for indicating that she is minded to support amendment 126, which seeks to clarify and clear up the bill as drafted—and, subsequently, if it is agreed to, the legislation. Amendments 124 and 125 would remove from section 44 a paragraph and a subparagraph that require practice rules to include the process for the making and handling of complaints. Given that complaints processes are currently set out in statute, there has been concern among stakeholders that the current provisions in section 44 might not be appropriate or, indeed, legally competent.”
“It deals with an ambiguity in Scots law regarding traditional partnerships to ensure that, where there are changes to membership, there is a swift transfer of authorisation of interests of the business. I am grateful to the minister for her indication that the Government is willing to support amendment 123, which will be important in delivering justice and support to those who require it when there is such a change, as I have outlined. Amendment 126 will remove section 44(2)(a)(ii), which currently requires practice rules of authorised legal businesses to have regard to “regulatory objectives”. Overarching regulatory objectives are applicable to regulators, and it is regulators who must adhere to them.”
“Given the minister’s assurances, I choose to withdraw amendment 116. Amendment 116, by agreement, withdrawn. Section 18—Professional indemnity insurance The Deputy Presiding Officer: Group 2 is on the regulation of legal businesses. Amendment 117, in the name of Paul O’Kane, is grouped with amendments 118, 1, 119 to 126 and 138. Paul O’Kane: I will deal with the more minor amendments in the group first, before dealing with the important issue of registered foreign lawyers. Amendment 123 will make changes to section 42 to allow category 1 regulators to make rules about the effect of an authorisation of a legal business that is a partnership or another unincorporated body where the membership of the legal business changes or another legal business succeeds to the whole, or substantially the whole, of its business.”
“As Mr O’Kane alluded to at the start of his speech, there are competing views, and, as we know, there is a history with this bill of trying to find a balance for both sides. Given the SLCC briefing that has been sent to members, I will continue to engage with the Law Society to monitor the operation of the new provisions. I consider that the matter would benefit from further consultation and consideration. I therefore ask Mr O’Kane not to press or move his amendments in the group. If he does so, I urge members to oppose his amendments. The Deputy Presiding Officer: I call Paul O’Kane to wind up and to press or withdraw amendment 116. Paul O’Kane: I think that our exchange of views on the issues raised by this section of the bill has been useful, and I am grateful to Maggie Chapman and the minister for their comments.”
“That requirement is then caught by the definition of “regulatory functions” in section 7. Amendments 129 and 139 to 141 would make provision to restrict conduct complaints that are brought against solicitors in relation to them discharging regulatory functions. The Law Society raised that matter with the Scottish Government following stage 2. Although I appreciate and understand the concerns that were raised, I consider that amendment 531, which was agreed to at stage 2, will give all relevant professional organisations the flexibility to discontinue a conduct complaint that has been remitted to it if the relevant professional organisation considers that it is in the public interest to do so. It provides a route to address the concerns that are raised.”
“I thank all members and stakeholders for their constructive engagement in respect of the bill. I understand that Paul O’Kane has lodged his amendments in this group on behalf of the Law Society of Scotland. I consider that amendment 116 is not necessary, as the bill already provides that the establishment and management of a compensation fund is a regulatory function of the Law Society as a category 1 regulator. That is because section 7 of the bill, which provides that “regulatory functions” include “complying with the requirements” under the bill, is to be read with section 14, which places a requirement on the Law Society to “establish and maintain” a compensation fund. It is clear from section 14 that a category 1 regulator “must establish and maintain” a compensation fund.”
“When did the Scottish Government last consider that it could be subject to a human rights claim due to the lack of access to legal aid, which is a result of the collapsing system of legal aid? What level of risk was that assessed as? Siobhian Brown: I regularly engage with the legal profession, and that issue has not been specifically raised with me in my meetings. I know that the Scottish Legal Aid Board can and often does provide funding for solicitors to allow services to be delivered to people all around the country. I also know that there are some gaps in our rural communities at the moment, and SLAB is looking at the geographical issues. That is one of the issues that we consider in the discussion paper on how we can improve things.”
“That includes a review of legal aid fees that will help develop regular assessments to ensure that systems remain fair and sustainable and deliver for the public purse. Martin Whitfield: In response to Craig Hoy’s question, the cabinet secretary noted how important legal advice is to the Scottish Government. However, the Law Society of Scotland has warned that the legal aid system is functionally collapsing in rural Scotland. Entire communities, particularly in the south of Scotland, face systematic exclusion from access to legal aid. Indeed, in the Borders, only three firms remain able to offer legal aid, and they are at or beyond capacity. Article 6(3)(c) of the European convention on human rights enshrines the right to legal assistance where the interests of justice require it.”
“Legal aid funding allows solicitors to deliver their services to people across Scotland, and those services can be delivered remotely as well as in person. Every year, legal aid helps many people with civil problems. Legal aid expenditure is on track to be more than £170 million this year, which is the highest ever level. However, I recognise that improvement is needed and that there are challenges in certain areas with certain types of legal aid work. Our programme for government commits us to taking forward the reforms that are set out in the recently published legal aid reform discussion paper, which will simplify the system for solicitors and those who need legal assistance, along with longer-term proposals for funding and improving the delivery of services.”
“We also do not comment on operational matters relating to Police Scotland, in order to ensure that Scotland’s criminal justice system remains free from political interference. I understand that the PIRC has made recommendations about Mr Fraser’s case, and I am sure that Police Scotland is currently considering the issue and will respond in due course. Supreme Court Cases (Costs of Defending) 4.”
“After my initial complaints were rejected, the Police Investigations and Review Commissioner ruled that the police had responded inadequately to my three grounds of complaint, and Police Scotland has been given until next Tuesday to give me a satisfactory response. If it continues to be unable to defend the lawfulness of its policy, at what point will the Scottish Government intervene? Siobhian Brown: I am confident that Police Scotland takes recommendations from the PIRC seriously. As Mr Fraser knows, ministers have no role in the investigation of complaint handling reviews against Police Scotland. It is not appropriate for me to comment on cases that are subject to an independent process.”
“The handling and recording of non-crime hate incidents is an operational matter for Police Scotland, and revised guidance on the handling of non-crime hate incidents was published by Police Scotland in August last year. We have regular discussions at official and ministerial level with Police Scotland on tackling hatred and prejudice, in line with our engagement with Police Scotland across the Government on a range of issues. Murdo Fraser: Should Police Scotland be operating an unlawful policy? That is surely a matter that should be of concern to the Scottish Government. For more than a year, I have been in correspondence with Police Scotland on non- crime hate incidents.”
“Sue Webber: Earlier this week, I met representatives of the Scottish Retail Consortium, who warned that retail crime is spiralling out of control, costing retailers more than £2.2 billion a year in stolen goods, with many incidents going unreported due to a lack of faith that shoplifters will face any punishment or consequences. They told me—”
“I am very concerned by the rise in shoplifting crimes and recognise the significant harm to retail businesses from theft, as well as threatening and antisocial behaviour, which is totally unacceptable. The Scottish Government is committed to supporting Police Scotland’s robust approach to addressing the issue, which is why we have made £3 million available this year to support Police Scotland’s work, alongside retailers, to tackle retail crime. That forms part of a record investment of £1.6 billion for policing this year, which is an increase of £90 million from last year’s budget.”
“In addition to the current judicare system, we have provided annual grant funding of £230,000 for the past eight years to the Scottish Women’s Rights Centre. I am aware that the Cabinet Secretary for Justice and Home Affairs has previously outlined some of the challenges with the implementation of part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021. The challenges are fully understood by our justice partners and external stakeholders. We will look to outline the next steps in the coming months. Shoplifting 2.”
“Bob Doris: The Social Justice and Social Security Committee has heard about issues for women who face financial abuse in accessing legal aid. The Scottish Legal Aid Board has admitted that flexibility could exist, but that women rarely apply for funding. We also heard that provisions on domestic abuse protection orders and notices of the Domestic Abuse (Protection) (Scotland) Act 2021, which would remove costs for women and make them safer, are still to be implemented. How is the Scottish Government seeking to resolve those matters? Siobhian Brown: I assure the member that we are determined to support women to get the right access that they need. We have provided a pilot project in Edinburgh that provides an early intervention service offering legal advice to women and children who are impacted specifically by domestic abuse.”
“The Domestic Abuse (Scotland) Act 2018 created the offence of domestic abuse that incorporates coercive and controlling behaviour, including financial abuse. Anyone who is experiencing domestic abuse is encouraged to seek help. Equally safe, which is Scotland’s strategy to prevent and eradicate violence against women and girls, explicitly recognises economic abuse. Our £26.1 million a year delivering equally safe fund supports survivors, including through the greater Easterhouse money advice project, which delivers specialist financial advice and support for survivors in Glasgow. The victim centred approach fund will provide more than £32 million to 23 organisations between 2025 and 2027, including £12 million for advocacy support for survivors of gender-based violence.”
“The final list of possible changes will be subject to public consultation and it has not yet been finalised. I am not hiding—it is just not appropriate for me to comment on individual options at this stage. The SFRS board and the chief officer are best placed to take decisions on how resources should be deployed, and it would be inappropriate for a minister to direct the SFRS on how it should deploy its resources. This is not a cuts exercise; it is about the SFRS carefully examining the risks that are present in our communities and configuring its resources in the best possible way to deal with those risks.”
“Already, in the past two weeks, 2,700 people have signed a local petition, such is the fear. Lochgelly community council has sent a clear message to the politicians that, instead of cutting things, now is the time to invest to ensure that Lochgelly fire station has the personnel, equipment and specialist units required to meet the growing challenges in the current climate. Removing the rope unit and fire engine would increase risk. Will the minister stop hiding behind operational matters and instead come to the Cowdenbeath area of Fife, meet the people and hear their fears? Siobhian Brown: I am always happy to go on visits to fire stations and listen to members of the SFRS. However, we have to be clear that the SFRS is undertaking staff and union engagement on the matter.”
“The Scottish Fire and Rescue Service is carrying out a service delivery review to ensure that its fire stations, appliances and crews are in the right place at the right time to deal with the current and future risks in our communities. Following pre-consultation engagement last year, the SFRS developed a list of possible service changes, and it is currently undertaking staff and trade union engagement on those proposals in advance of undertaking a full public consultation in the summer. I encourage anyone with an interest to engage in that consultation. The SFRS board will then carefully consider the responses in advance of any final decisions being made. Alex Rowley: Staff in Lochgelly have been told that they will lose an engine and possibly the rope unit, which is one of only four such units across Scotland.”
“Privately owned e-scooters cannot be legally used on public roads or pavements in Scotland, and off- road vehicles such as quad bikes require a licence to be used on public roads. While the Scottish Government has not so far specifically requested an additional licensing scheme for e-bikes, I recognise that there are calls for further legislation. That is why I am keen to work with the UK Government on a cross-party basis to explore practical solutions. The member says that he has raised the matter twice, and I know that several members in the chamber have also raised it. Jim Fairlie and I have set up a group with interested MSPs, and I am happy to invite Kevin Stewart to the next meeting. The Deputy Presiding Officer: I call Sue Webber to ask a very brief supplementary question.”
“The UK Government’s inactivity in dealing with the increasing problem of antisocial behaviour by e- bike users is galling, and I am afraid that its intransigence may lead to serious injury or even death. Has the Scottish Government asked the UK Government whether it will consider a licensing scheme to control e-bike use? Siobhian Brown: Antisocial behaviour involving vehicles is a shared challenge across the whole of the UK, and some powers, including those over vehicle licensing, are reserved. We are committed to working with the UK Government to improve community safety and to achieve our shared goal. E-bikes exceeding 250W or 15.5 miles per hour are classified as motor vehicles and require a driving licence, insurance and vehicle tax.”
“I completely understand the concerns over the misuse of e- bikes and other vehicles, and we are committed to collaborating with the UK Government where we can. I have therefore asked for work to be taken forward as a priority to develop a cross-party approach to the UK Government on how we can do more work together to tackle antisocial behaviour involving vehicles. We are also committed to supporting the police to tackle these issues, including by providing record funding of £1.62 billion to Police Scotland for 2025-26, to enhance its response. Kevin Stewart: This is the second time that I have raised the issue in the past couple of months. I am really concerned about antisocial behaviour in my city and elsewhere.”
“How is it ensuring that its approach to addressing antisocial behaviour is able to respond to local challenges such as those? Siobhian Brown: I recognise the direct impact of those incidents on communities, especially antisocial behaviour and fire raising, as Claire Baker has raised. I engage regularly with the Scottish Fire and Rescue Service, as it is in my portfolio remit. As yet, the issue of fire raising has not specifically been raised with me in those meetings. The independent working group on antisocial behaviour published a report in February this year, and I am working with the Convention of Scottish Local Authorities and Police Scotland to see how we can implement the report’s recommendations to tackle all types of antisocial behaviour. Gang-related Activity (Young People) 4.”
“Claire Baker: The minister may be aware of a number of recent reports of fire raising in Fife. More than 100 deliberate fires were recorded in March, with more incidents taking place throughout April. In the course of one day, seven deliberate fires were started, despite the extreme risk warning for wildfires that was in place. Fire raising creates huge risk of endangerment and damage to property, and the Scottish Fire and Rescue Service has said that the increase has put a needless drain on resources. I know that the police and fire services are doing local work to run high-visibility patrols and engagement with local schools, but how is the Scottish Government engaging with local services to ensure that they are properly resourced and supported in that work?”
“We are committed to supporting Police Scotland and local authorities, which lead local responses to antisocial behaviour, involving prevention, intervention and enforcement. That enables a partnership approach that focuses on community safety as a whole and takes into account local need. I recognise the impact that antisocial behaviour can have on local communities, which is why we have increased police funding to a record £1.62 billion this year. In addition, since 2008, through our cashback for communities programme, we have provided £130 million to support young people who are most at risk of being involved in violence, antisocial behaviour and crime. For example, between 2023 and 2024, £354,462 was invested in diversionary work with young people in the Fife Council area.”
“Before considering potential implications for Scotland and what options might be available for Scottish ministers in order to replicate the measures, my officials have requested updates from the Home Office on the regulation’s progress and, once it is implemented, its effectiveness in mitigating equipment theft.”
“In February of that year, it contacted the Scottish Government to discuss the bill and the policy position in Scotland. Instead of agreeing to discuss the bill, the Scottish National Party wrote back to say that it did not have any comments to offer, which I find extraordinary. Given the threat of cross-border criminal movement of farm machinery, which impacts many farmers in the Scottish borders, will the minister engage urgently with the UK Government to ensure that we can replicate the 2023 act as soon as possible? Siobhian Brown: The legislation has not yet been implemented down south, in England and Wales. My officials have been told that the Home Office is drafting the regulation, but the Labour Government cannot indicate a timeframe for that at this stage.”
“I know that the member has raised this issue before due to her interest in rural crime. It was previously thought that Scottish Government officials became aware of the Equipment Theft (Prevention) Bill, which was a United Kingdom Parliament private member’s bill, in May 2023. Ministers have now been made aware that there was some limited contact from the UK Government at official level in November 2022, which was not highlighted again until May 2023. Rachael Hamilton: I thank the minister for the answer, because she previously told me that the Government was only informed of the bill’s existence in May 2023, which gave it insufficient time to fully consider the bill’s implications for Scotland. However, she has just confirmed, and I am pleased to say, that the Home Office contacted the Scottish Government several months before.”
“However, what compliance looks like is complex and involves careful consideration of an array of statutes, policy areas and mechanisms that interact with each other.”
“I welcome this committee debate on the Aarhus convention. Scotland has a strong history of leading the response to environmental change and responding to the requirements of the Aarhus convention. Although I acknowledge that the Aarhus convention compliance committee—the ACCC—has never found the United Kingdom or Scotland to be fully compliant with the convention since it came into force in 2001, meaningful advances towards full compliance have taken place during the lifetime of this Government and that advancement was recognised by the compliance committee when it said, in 2017, that it welcomed the significant progress towards compliance. That progress has continued. The Government is clear that the Aarhus convention is an international treaty and that compliance is not optional.”
“Where it is appropriate and necessary, Police Scotland also has powers under section 60 of the Criminal Justice and Public Order Act 1994, which allows searches to be carried out in a particular locality for a specific period of time, and police can ask for the removal of face masks. The issue is important, and I am happy to meet the member to discuss it further.”
“Those issues have been rehearsed in the chamber. It is frustrating for the police, because the simple act of wearing a balaclava to conceal one’s identity in order to facilitate a crime is not a crime in and of itself, although it is a crime in other countries. In England and Wales, in certain US states, in France and in Queensland in Australia, the use of a disguise with intent to commit crime is an offence. It stands to reason that, if a person conceals their face in order to facilitate crime, the police should be able to stop them and that it should be a crime. Does the minister agree with that, and will the Government review the legal situation? Siobhian Brown: As I said, Police Scotland has stop and search powers.”
“The wearing of disguises is not a new phenomenon, and it is a matter for Police Scotland to take account of as part of its operational response. Any recorded instances are a very small proportion of reported crime. Police Scotland uses a range of powers to prevent and tackle antisocial and criminal behaviour. In certain circumstances, those can include stop and search and the removal of head and face coverings. A code of practice exists to ensure that that is done in a manner that is lawful, proportionate and accountable. Daniel Johnson: I thank the minister for that answer. We have become all too aware of instances of people wearing balaclavas in order to facilitate crime, whether that is riding illegal electric motorcycles or antisocial behaviour. It is definitely a component of the increasing violence against shop workers.”
“The Deputy Presiding Officer: As briefly as possible, minister. Siobhian Brown: I know that Scotland has a proud tradition of activism and peaceful protest. I am concerned to hear what Maggie Chapman has stated, and I will write to her on that. The Deputy Presiding Officer: That concludes portfolio questions on justice and home affairs. West Coast Ferry Services”