Review infrastructure
Section 14 – Review oversight committee
155.Subsection (1) of this section provides for the creation of a review oversight committee which is to be responsible for securing the carrying out of reviews and overseeing the review process. Under subsection (2), the committee is to comprise a chair, a deputy chair, and such number of other members as the Scottish Ministers determine. Those other members will be appointed by the Scottish Ministers – from among nominations received from nominating bodies listed in subsection (3) as well as from those identified by Ministers themselves.
156.Subsection (3) sets out the nominating bodies. This list may be modified by the Scottish Ministers by regulations under subsection (5) (subject to the negative procedure) but only after they have consulted with the body to which the regulations would relate (see subsection (6)).
157.The intention is that these nominating bodies might in practice come together to provide for joint nominations (for example, a nomination on behalf of all health boards) but no stipulations are made about how the nominating process has to work, so there will be flexibility for the nominating bodies to nominate individuals as they see fit. There is no obligation on Ministers to accept these nominations (beyond the requirement in subsection (2)(c)(i) which essentially requires there to be at least one person nominated by others), but they would need to consider these nominees for appointment.
158.Where the Scottish Ministers are appointing people of their own accord, they are required under subsection (4) to do this in a way which ensures that the committee includes representatives of voluntary organisations which provide services to individuals in Scotland. For example, this might be charities which have specialist expertise in assisting victims of abusive behaviour, or those which specialise in matters such as substance abuse and which have experience and expertise in working with those who have suffered or been responsible for abusive behaviour in connection with that.
Section 15 – Case review panels
159.This section makes provision for the appointment of case review panels, which will be tasked with the carrying out of domestic homicide or suicide reviews. These panels will be appointed on an ad hoc basis as and when required for reviews.
160.Subsection (1) puts the review oversight committee in charge of establishing panels as and when they are required. Subsection (2) requires the Scottish Ministers to maintain a pool of at least three individuals who have been appointed as panel chairs, and who can therefore be called upon when a panel is being established.
161.Under subsection (3) a panel is to comprise a chair (selected from those appointed as panel chairs by Ministers) and such other members as the committee determines. The intention is that this will be a role performed by people who have valuable insights to offer but who will be able to do this alongside their everyday lives and work (e.g. police, COPFS and relevant victims’ organisations).
162.Subsection (4) specifies that an individual cannot be appointed to be a panel member (which would include being the chair of a panel) if the individual is, or within the past 3 years has been, a member of the review oversight committee.
Section 16 – Committee and panels: further provision
163.This section makes further provision about the review oversight committee and case review panels.
164.Subsection (1) introduces the schedule which makes detailed provision about the chair and deputy chair of the committee, about the appointment of a person to fill in for the chair and deputy chair, and about panel chairs.
165.Subsection (2) deals with the ordinary members of the review oversight committee (i.e. those other than the chair, deputy chair and any substitute). It provides that their terms and conditions are to be set by the Scottish Ministers, and allows them to be paid such expenses as the Scottish Ministers determine.
166.Subsection (3) deals with panel members other than panel chairs. It provides that their terms and conditions are to be set by the review oversight committee but these have to be approved by Ministers, and allows them to be paid such expenses as Ministers determine.
