Sheku Bayoh

Part of the debate – in the Scottish Parliament on 12th November 2019.

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Photo of Humza Yousaf Humza Yousaf Scottish National Party

I cannot add much to what I said to James Kelly on immunity. That would be for the Lord Advocate. I do not think that a determination has been made, although I caveat that by saying that that is my understanding thus far. However, any future decision on immunity will absolutely be for the Lord Advocate, so he would be answerable for such a decision.

I understand that, under the Inquiries Act 2005, witnesses can be compelled and not complying with an instruction from the chair of the inquiry could lead to offences being committed. That is why a public inquiry under the 2005 act, with all the powers that that grants the chair and the inquiry, is the right way to proceed.