Portfolio Question Time – in the Scottish Parliament at on 5 June 2024.
Sarah Boyack
Labour
To ask the Scottish Government what its response is to reports that the Scottish justice system is “close to collapse” and that solicitors are taking industrial action. (S6O-03529)
Siobhian Brown
Scottish National Party
I am aware of the position that has been adopted by the Scottish Solicitors Bar Association. Legal aid solicitors play a crucial role in our justice system, which is why, since 2021, there has been investment of £31 million in legal aid. We will continue to work with the legal profession and others to identify measures to improve and reform Scotland’s legal aid system.
We will continue to work with and support our justice partners in achieving the outcomes described in “The Vision for Justice in Scotland” by taking forward a programme to drive key areas of reform, including criminal justice efficiency under a criminal justice efficiency programme. The 2024-25 budget provides almost £3.8 billion to be invested across the justice system.
Sarah Boyack
Labour
I thank the Minister for that answer. One of the reasons for the industrial action is the Scottish Government’s proposal in the Victims, Witnesses, and Justice Reform (Scotland) Bill for a pilot of rape trials being conducted by a single judge without a jury. The proposed pilot trials have had a mixed reaction from victims and survivors of rape. Survivors have shared with the Criminal Justice Committee their concerns that not even judges are without unconscious bias and that decisions will rest with one judge. It is clear that the Scottish Government has not been able to secure widespread support for the pilot project from the legal sector or survivors, so will the minister support amendments at stage 2 to remove the provisions from the legislation?
Siobhian Brown
Scottish National Party
The Cabinet secretary will consider the stage 1 recommendations from the Criminal Justice Committee and stakeholders.
Rona Mackay
Scottish National Party
Can the Minister reaffirm that the Scottish Government is committed to the principle of legal aid, which ensures that free legal services are available to those who are most in need?
Siobhian Brown
Scottish National Party
Yes, the Scottish Government remains committed to the principle of legal aid. We have maintained resourcing of legal aid and have not actually cut its availability. It is a demand-led budget that is directly linked to application numbers; all those who are eligible will continue to benefit from legal aid.
Question Time is an opportunity for MPs and Members of the House of Lords to ask Government Ministers questions. These questions are asked in the Chamber itself and are known as Oral Questions. Members may also put down Written Questions. In the House of Commons, Question Time takes place for an hour on Mondays, Tuesdays, Wednesdays and Thursdays after Prayers. The different Government Departments answer questions according to a rota and the questions asked must relate to the responsibilities of the Government Department concerned. In the House of Lords up to four questions may be asked of the Government at the beginning of each day's business. They are known as 'starred questions' because they are marked with a star on the Order Paper. Questions may also be asked at the end of each day's business and these may include a short debate. They are known as 'unstarred questions' and are less frequent. Questions in both Houses must be written down in advance and put on the agenda and both Houses have methods for selecting the questions that will be asked. Further information can be obtained from factsheet P1 at the UK Parliament site.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.
It is chaired by the prime minister.
The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.
Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.
However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.
War cabinets have sometimes been formed with a much smaller membership than the full cabinet.
From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.
The cabinet normally meets once a week in the cabinet room at Downing Street.
