 The next item of business is an urgent statement by Angela Constance on Emma Caldwell's case. Before the statement begins, I wish to ensure that all members are aware that as the legal proceedings in the case remain live, the sub-judice rule is engaged and I therefore request that members focus on the issues discussed in the statement itself and avoid any speculation or discussion on the detail of the individual case. The cabinet secretary will take questions at the end of her statement and so there should be no interventions or interruptions. I call on Angela Constance up to 10 minutes cabinet secretary. Thank you, Presiding Officer. Before I make the statement, it is important to be clear that while legal proceedings in the Emma Caldwell case remain live, I must be careful and not reference any details of the criminal case itself. Also, I know that members will understand that at this time there are restrictions on what I can say and on the level of detail I can offer both in the statement and in any responses to questions asked. Presiding Officer, I know of no greater loss than that which comes with the loss of one's child. It seems unimaginable that loss, grief and pain, a pain that Margaret Caldwell describes as enduring and excruciating, could be further compounded with almost two decades of not knowing what happened to your child and why they were taken from you. The courage and conviction of the Caldwell family and of Emma's mum, Margaret, is something that will have left a lasting impression on all those who have had the privilege of engaging with the family. Mrs Caldwell has lived through what no one should ever live through, so let me repeat the words of the First Minister when he and I met the family earlier this week. We are so deeply sorry for your and your family's loss and for your pain and your grief that you have all had to endure and for the two decades of fighting a fight that you and William before he passed and your family should never have had to go through. When we met on Tuesday Mrs Caldwell reminded us that at the heart of all this is Emma, a gentle and kind daughter who was deeply loved and incredibly close to her mum, her dad and her siblings. 19 years have elapsed between Emma's murder and a conviction, and there can be no doubt of the serious failings that brought a grieving family to have to fight for their right for Emma's right to justice. I know that Mrs Caldwell has met the chief constable and it is right that Police Scotland has publicly and personally apologised for letting Emma and her family down in the original investigation by Strathclyde Police. To quote the chief constable, a significant number of women and girls who showed remarkable courage to speak up at the time also did not get the justice and support they needed and deserved from Strathclyde Police. That said, Presiding Officer, I would like to commend those involved in the recent reinvestigation of the case and I know that Mrs Caldwell and the family have also thanked those involved in securing last week's conviction. I am clear and confident that Police Scotland is, like society changing, a different organisation today than of the legacy forces of the past, but that is not enough to comfort the Caldwell family and nor does it do justice to Emma's memory. The First Minister was clear last week that we would give serious consideration to the Caldwell family call for a public inquiry into Emma's case and that we would take a decision only after we had heard directly from Margaret Caldwell and her family. Following that meeting with the Caldwell family, I can't today announce that there will be an independent judge-led statutory public inquiry and preparations will begin immediately. I have not taken this decision lightly. I recognise that a statutory public inquiry is a very significant undertaking and it will take time to set up, to hear evidence and to reach its findings. Nonetheless, given the gravity of this case, the length of time that it took for justice to be served, the horrific extent of the sexual violence suffered by the victims and survivors and the suffering endured by their families, the case for holding a public inquiry is clear and compelling. It is time to apply fresh scrutiny to this case to understand what went wrong, to ensure that lessons are learned for the future and to provide answers to all victims and survivors in this case. I have asked my officials to start immediate preparatory work to set up the inquiry. As part of that work, they will explore different options for who would lead such an inquiry. After discussing this with the family, we are in agreement that what is most important is that the person who leads the inquiry has the confidence of the family, understands their trauma and has the necessary expertise to lead an inquiry of this nature and importance. That includes looking at judiciary within and out with Scotland. To be clear, I have faith and confidence in the independence and integrity of the Scottish judiciary. However, there is some precedence in looking beyond Scotland for a chair and at this stage it is important to explore every option. As an intimation of intention to appeal has been lodged in this case, I cannot go into any further details today. I do however commit to updating Parliament when all legal proceedings in the case are at an end and when we have appointed a chair. We will work alongside the chair and the family in setting and agreeing a terms of reference. I welcome Police Scotland's statement that time is no barrier to justice and support its call for anyone who has been a victim of sexual violence to come forward and to speak to them no matter when the offences took place. We must go further and faster in order to eradicate the scourge of violence against women, tackling the root causes. That means focusing on challenging misogyny and the toxic masculinity that underpins this behaviour. It means we need to champion and address gender inequality. It means when those unacceptable behaviours turn into violence and abuse, we must ensure that men and the perpetrators is almost always a man, that they are held to account for their actions and brought to justice. A equally safe strategy sets out these priority areas and details the approach we are taking to prevent and tackle violence against women and girls, focusing on early intervention, prevention and support services. As part of my role in progressing the victims' witness and justice reform bill, I have heard from many victims and survivors that for them the justice system is distressing and disempowering. Women and girls have told government and the criminal justice committee that their experiences of the justice system have been worse than the crime itself. That is completely unacceptable and must be addressed. It is why I urge those in the chamber to look at the proposals in our bill and the reforms that we want to drive forward so that we have a justice system that works for sexual offence complainants. A consistent and robust response throughout the justice system from initial complaint to the end of any trial is critical in our efforts to prevent violence against women and girls. We must all do better to support those courageous women who speak up and to all the women and girls in our country who feel that they do not have a voice, including those that are on the margins of society through trauma or addiction who need us, that they too will be heard. Let me finish where I began. To the Caldwell family, no matter what I say today or announce in this chamber, it will not be enough to respond to your loss and tragedy. I, the Government and I very much believe that this Parliament wants to do everything that we can. For you, Margaret, for William, for your family and for women and girls across this country, but most of all for Emma, I am pleased to tell Parliament today that there will be a public inquiry. I will continue to give all that I have to eradicate violence against women and girls across this country so that no one has to endure what you have endured. I want to leave Margaret with the final words today, which she shared with me earlier. My daughter Emma and the many victims who so courageously spoke up deserve nothing less than a robust independent public inquiry and a judge who will act without fear or favour. There are those who say that such inquiries take too long, but my family has struggled for 19 years to get justice, and we will wait however long it takes to see the truth and will accept nothing less. Thank you. The cabinet secretary will now take questions on the issues raised in her statement. I intend to allow around 20 minutes for questions after which we will move on to the next item of business. I would be grateful if members who wish to put a question were to press their request-to-speak buttons. I thank the cabinet secretary for advance sight of her statement. I also begin by paying tribute to Margaret Caldwell and her family who are in the public gallery today. None of us can truly imagine the depth of her suffering over the past two decades. A daughter lost to cancer, her other daughter murdered, her husband William, also taken by cancer. Margaret's agony compounded by what appears to be corruption at the heart of Scotland's criminal justice system, deceived and lied to by those in positions of power and trust in the police and the Crown Office. I have just met Margaret and her family. Their strength and dignity are truly humbling. Her campaign for Emma has been backed by good police officers, lawyers and journalists, but let me be clear that the only reason that her daughter's killer is now behind bars is because of her love and her strength. Left to Police Scotland and the Crown Office, I believe that Ian Packer would almost certainly still be out there raping women with impunity. Today's announcement of an inquiry is welcome, but a key question remains unanswered. Margaret believes that only a judge, with no connections to Scotland's criminal justice establishment, must be appointed. To be credible and to be trusted, the inquiry must be truly independent. So I'm hoping that the cabinet secretary can today agree to Margaret's call for an external judicial appointment. Thank you. Today, of all days, I have no intention of uttering the name of anyone convicted of such heinous crimes. The only name that I will utter today is that of Margaret and Emma, and of course the Caldwell family. Mr Finlay is quite correct to pay tribute to a curious and tenacious family that has endured what no family should ever endure. And they are a credit to Emma and to her memory, and also, I think, to the safety and wellbeing of women and girls across this country as we go forward. The priority right now for me is to set up the inquiry. I do give the chamber the undertaking to keep them informed. As I've said in my statement in terms of the next steps, I will continue to engage with the family and obviously others such as the Lord President and the Lord Advocate, others who I am required to engage with. I am open to a chair outwith Scotland. And there is indeed, as I said in my statement, precedent for this. Members may recall the fingerprint inquiry where Sir Anthony Campbell led that independent public inquiry, but today, Presiding Officer, is for us all to put our shoulder to the wheel to ensure that the inquiry is set up on the strongest and most stable footing so that we can all say to the Caldwell family that, while we recognise that their pain never fades, we can open a new chapter in their journey for justice. It is the job of this Parliament to ensure that no family should ever have to wait two decades for justice. The long and commendable fight that the Caldwell family that I also had, the humbling pleasure of meeting today, have endured to get justice for their daughter Emma, has also served to question the fate of other women such as the four vulnerable women murdered in the 1990s in Glasgow, and they have highlighted the injustice of serious violence against women so prevalent in our society. Scottish Labour stands full square behind the Government and Angela Constance today in her decision to hold a public inquiry to establish why, among other things, there was no prosecution in 2008 when it appeared that the Crown and the Police had enough evidence to do so. A public inquiry must get to the truth of this, and that includes questioning all of the criminal justice agencies who have questions to answer. What happened between 2008 when we believed that we had the evidence and 2024 when there was finally a sentence and conviction? The cabinet secretary has said that she will consider appointing a leader of the inquiry outside of Scotland, and Scottish Labour would support that, given the unique nature of the inquiry that is required here, so that the family can have full confidence in the inquiry when it concludes. I wonder if I could just press the cabinet secretary, notwithstanding what she has said about the judiciary matters in relation to the appeal, I am sure that she would agree that following that it should be conducted in a timely manner. I appreciate Ms McNeill's support in this matter. Of course, the resendetra, the purpose of this public inquiry is to provide fresh scrutiny over the full course of events over the past 19 years. That will, of course, scrutinise all aspects of our justice system. I can, of course, give Ms McNeill and chamber the assurance that clearly whoever leads the independent inquiry at the end of the day cannot have had any previous involvement in that case. I know that that is perhaps stating the obvious, but it is important to put on record. Ms McNeill also touches on the importance of the many victims in this case, and, of course, there are other on-going inquiries in terms of unsolved murders. In terms of Police Scotland, I would like to put on the record that, since the establishment of Police Scotland and when we look at the information from 2013-14 up until 2022-23, statistics published last October show that all 591 homicides, which account for 602 victims, have all been solved. Of course, there are historical cases. I do not like to phrase cold cases, but there are historical cases in which families still wait for justice, and they still wait for their day to be able to breathe again. I associate myself with the comments of the cabinet secretary and express my deepest sorrow to the family of Emma Caldwell on their loss. We know that inquiries can take time, and we would not want anyone involved in the case to have to wait any longer than necessary for the answers that they are looking for. Will the cabinet secretary have the opportunity to discuss the long timescales often involved in any inquiry with the Caldwell family so that they know the process that will follow? One of the many reasons that I wish to engage directly with the Caldwell family along with the First Minister was to share our knowledge and experience of previous inquiries and on-going inquiries. It is important that people have full sight of the complexity of the work that is required to establish an inquiry and the length of time that it takes. That was also a point that Pauline McNeill raised earlier, which I omitted to address. I am acutely conscious that the family has already waited a long time. I want to make decisive progress forward, but we also need to invest the time now up front to ensure that this inquiry gets off to a strong and stable footing and has full confidence of this Parliament, but also the Caldwell family. There are some aspects of this that most certainly will take time. If I could once again end on the words of Margaret McNeill when she said that there are those who say that such inquiries take too long but that my family has struggled for 19 years to get justice. However, we will wait however long it takes to see the truth and accept nothing less. It was very important that I had this conversation directly with the Caldwell family. I have a duty of care towards them and I wanted to ensure that they were appraised of what establishing a public inquiry involves. Margaret Caldwell came in today and spoke with my colleagues. One thing that she was clear about was that she wanted the Scottish Government to confirm that they will discuss and agree the exact terms of the inquiry with her and her family. She also hoped that her family would be given full representation within the proceedings of the inquiry. Will the cabinet secretary give that undertaking today to Margaret and her family? I reassure the member the Caldwell family and indeed this chamber that I will have full on-going engagement with the family and other victims as required. There are some aspects that Ms Dowey narrated that will be for the chair but I am committed to investing the time right now. Yes, we want some pace in this but we will do it right. We will get the right person, we will get the right terms of reference because I want us all, given the magnitude of this case, to be marching forward together. We know that many survivors of sexual offences do not want to report it straight away so therefore I too welcome Police Scotland's statement that time is no barrier to justice. What more could be done to encourage victims of sexual violence and domestic violence to come forward no matter when the offences took place? In recent years, we have seen an increase in reporting of historical sexual offences cases. It is driven in part by the Me Too movement and I hope also increase confidence in the police and our justice system. I encourage anyone who has been a victim of crime to report it. However, we also know that sexual offences remain significantly under-reported. I must continue our work to reform the justice system to ensure that it commands the support of victims and survivors. This is one of the reasons that we have set out proposals in the Victims, Witnesses and Justice reform bill. It is our collective responsibility to ensure that when victims do report crimes that they are treated with compassion and respect by an effective and objective transparent system from the moment of the complaint to the end of any subsequent trial. The chief constable has said that the police have reflected and learned from the initial investigation and subsequent reinvestigation but, as the cabinet secretary has said, there are still huge concerns about how women are treated by the justice system. The family has been waiting for 19 years and I hear what the cabinet secretary has said regarding their role in setting the terms of reference. What discussions will the cabinet secretary be having with them about the remit of the inquiry and whether the investigation would be dealt with in the same way if it was to happen now? Just for clarity and for the record so that the members are aware that it will not be possible to formally appoint a chair or settle the terms of reference until all legal proceedings are disposed of. It is important to say that. On the broader point about policing in Scotland, I think that policing, like society, has, but crucially continues to change. It has rightly apologised, but that does not remove the need for a public inquiry. I welcome the fact that the chief constable is supportive of a public inquiry and committed to co-operating fully with that inquiry. As you would expect, this is, of course, a statutory public inquiry with all the legal powers that surround us. I would want to point members to the HMICS thematic inspection on organisational culture, which was published just December there. It narrates that journey of change and how Police Scotland is heading in the right direction. Theer earlier thematic review on domestic abuse, which was published at the start of last year, spoke of the proactive steps that Police Scotland is taking to change societal attitudes to gender-based violence, including domestic abuse. However, there is no part of our justice system beyond scrutiny, beyond challenge, or beyond change. That applies to us all, within the Government, within the chamber, as well as the justice system in its entirety and all its component parts. Fulton MacGregor, to be followed by Liam McArthur. I say that my thoughts are with Margaret Caldwell and the Caldwell family. Can I ask the cabinet secretary what more can be done to encourage women to have confidence that they will be listened to and what difference does she think that the passing of the victims' witnesses and justice reform bill currently waking its way through this Parliament might make to this objective? I am obviously very conscious that the victims' witness and justice reform bill is currently under stage 1 scrutiny. I am aware that the Criminal Justice Committee that Mr MacGregor sits on has taken extensive evidence on this matter rightly so. Many of the members in this chamber today will be familiar with our propositions around the sexual offences court, around our trauma-informed practice, around independent legal representation and, of course, it has other measures in it where I have contend, as I always do, that there is no part of our system that is beyond scrutiny. I am conscious that we are about to engage more fully in that stage 1 process and the legislative process as a whole. The basic point to reiterate is that it is imperative that victims and witnesses trust the way in which a justice system responds, in particular, to rape and sexual assault, so that we can continue to encourage people to report crimes, so that we can hold perpetrators to account, so that we can support complainers to give their best evidence, while reducing the risk of re-traumatisation. However, it is imperative that we focus on that end-to-end justice journey, and we all have a part to play in making life better in pursuit of the delivery of justice. I echo the cabinet secretary's sentiments in those expressed by others in paying tribute to Margaret Caldwell and Emma's family for their tireless and courageous campaign for justice and I welcome confirmation of the inquiry. I welcome to the cabinet secretary's confirmation that she will look at this being led by a judge out with Scotland and also her commitment to keep Parliament updated. The cabinet secretary fairly outlined the issues around the length of time that such public inquiries can take, so will she give a commitment to the chamber to discuss with Margaret Caldwell and her family the possibility of an interim report being provided as part of the inquiry process? I appreciate the tone and tenor, as I always do in Mr McArthur's questioning, in terms of matters in and around the approach that is taken, whether a modular approach is taken, whether interim reports are taken, whether it looks at it from a chapter basis. Those are ultimately matters for the chair. I do, however, think that there is some recent practice that I think we can all learn from. We have to ensure that a public inquiry is equipped to do a thorough job given the investment that we will all have in it, but, of course, where possible we want things to be done in a timely fashion. Mr McArthur is also correct to point to that there is a considerable programme of work that will now be required in terms of agreeing and engaging with the family and others around terms of reference, in terms of identifying a chair. We have to establish a formal set-up date. You know that there will be issues in and around premises secretariat, legal teams, infrastructure, how evidence is managed and gathered, as well as hearings and how the deliberations are managed. Then, of course, there is the reporting. There is an immense amount of work that we are starting today, but we are committed to doing that properly, but where possible, Tim Aslee? It is clear that a significant number of women were failed not just by a culture of misogyny within Strathglad Police, but by a misogynistic system that criminalised them rather than the men who were exploiting and causing harm. Can I ask the cabinet secretary to outline what steps the Scottish Government is taking to ensure that this injustice within our criminal justice system is addressed so that the burden of criminality never falls on victims of male violence? As I have said already, I hope that no matter your background or your past or present, it is imperative that everyone who has been a victim trusts the way in which our justice system responds to rape and sexual assault so that we can continue to encourage anyone who has been a victim to report a crime irrespective of their background or the trauma that they have endured. This Government has always been clear that prostitution is a form of violence against women and girls and, as utterly unacceptable, we need a victim-centred trauma and formed justice approach. That requires a collaboration with various justice partners, including Police Scotland, to ensure that women involved and impacted by prostitution are recognised as victims and offered support and advice so that they feel safe and outlining their circumstances and concerns and the knowledge that the services are equipped to provide non-judgmental informed support. Of course, we have published a strategy fairly recently about taking our work forward and lessons will be learned from that work and also the pilot that will take the strategy forward. That will help to inform all future options, including future legislative considerations, which include whether to criminalise the purchase of sex. I thank the cabinet secretary for her statement, and I pay tribute to Margaret Caldwell and her family. Waiting 19 years for justice is not just. Having women and vulnerable people ignored, not listened to and not treated with compassion or dignity when they make complaints or report crimes is just not good enough. Further to her previous answers about support for complainers, what assurances can the cabinet secretary give to victims, survivors and witnesses who feel they have been let down by the justice system when they have made complaints? This morning, I attended a workshop in my capacity as co-chair of the Victims Task Force. The Victims Task Force is chaired by myself and the Lord Advocate. The purpose of the work was to map out in detail the end-to-end justice journey and the improvements that are required at each and every point that is often described as a pain point in our system by victims and survivors. I assure the member that we continue to invest records levels of funding and, crucially, into a range of front-line services. Just this week, the Victims Minister announced an additional £2 million of funding to Rape Crisis Scotland and Scottish Women's Aid so that they can reduce their waiting list for women who need support services, including refuge places and councils. Magdalyn Robertson is Packers' first-known victim, raped as a teenager, yet she was ignored and misled by the criminal justice system. Then there are Packers' dozens of other victims and none were believed, some no longer alive to see that justice is done. Will the cabinet secretary give an undertaking that every single victim's voice will be heard? The purpose of a public inquiry, as I have outlined already, is to examine the scope and magnitude of events over nearly two decades and an acknowledgement that there have been far too many victims who have waited too long for justice. Cabinet secretary, what role do people, mainly men, have to play in calling out the actions and behaviours of other men who perpetuate misogyny and sexism, which can then lead to violence against women and girls? The short answer is that we all have a role to play in the eradication of violence against women and girls, but it has to be acknowledged that this cannot be achieved without men recognising the vital role that they must play on a daily basis in tackling deep-rooted sexism and misogyny. That is inherent in the perpetration of such offences. Those who perpetuate violence and abuse, the majority of whom are men, must change their actions and behaviour, and it is vital that the violence and abuse and misogyny that women face is seen as a societal issue, not as a women-only issue, and that it is only through fundamental change across our society that women can indeed be protected.