Meeting of the Parliament 28 January 2015
I am so pleased that the Cabinet Secretary for Justice has reflected on the plan for HMP Inverclyde and listened to the progressive voices that were raised against it. The Howard League for Penal Reform, Families Outside and many others across civic Scotland played an important role in securing that outcome. His decision has presented us with another opportunity to do things differently and to redefine the experiences of women who come into contact with our justice system.
In responding to the Angiolini report almost three years ago, Kenny MacAskill said:
“how women are dealt with in the criminal justice system is one of the most pressing social justice issues of recent times.”
I agreed then and I agree now. What dismays me is how faltering the progress has been in the interim. Efforts must now be redoubled to bring about the radical and more ambitious approach that the cabinet secretary talked about. I have long campaigned for that, and the Scottish Liberal Democrats will offer steadfast support if the Government is up for such radical change.
We should take a moment to praise the staff at the Scottish Prison Service who were tasked with delivering HMP Inverclyde. Led by Kate Donegan, a former governor of Cornton Vale, they had to operate within the constraints that the Scottish Government set. It is evident that they worked extremely hard to ensure that the facility would be as sympathetic as possible to women offenders’ needs, and I am certain that much of their enlightened thinking could be usefully adopted elsewhere in the prison estate. However, I agree that the fundamental plan for a prison of the proposed size in the proposed location was too significant a departure from the Angiolini report. Building to meet projections only risks entrenching the mistakes of the past.
The commission on women offenders made scores of recommendations. I ask the cabinet secretary to end the fragmented approach to their implementation and to commit today to implementing the package in the round. It really is the radical, ambitious and sophisticated programme that he mentioned and is seeking. Many of the reforms are complementary and require a multi-agency, holistic response. The cabinet secretary will therefore need health boards, local authorities, the judiciary and others to buy into the vision.
That brings me to my amendment. The current lack of judicial diversity is indefensible and has contributed to serious failings in the sentencing of women. The Judicial Appointments Board’s diversity strategy acknowledges that the composition of the judiciary must reflect the diversity of society and that
“A judiciary whose members are drawn from a wide range of backgrounds and life experiences will bring varying perspectives on legal issues and is likely to enhance public confidence”.
However, the statistics reveal a different story. Just nine of the 34 senators of the College of Justice are women. Only 30 of the 139 sheriffs sitting on the bench and one of the six sheriffs principal are women.
Indeed, Scotland is among the worst in Europe for equality among the judiciary. Last October, the Council of Europe reported that, of the 47 council members, only Azerbaijan has a worse gender balance. In contrast, the gender balance around Europe is almost equal. In France, Spain, Italy, Holland, Finland and Denmark, the majority of judges are female.
It cannot be that only in Scotland are such a small number of women able and experienced enough to sit on the bench. Why is the number of women in the eligible pool increasing faster than the number of applications for judicial office from women?
Only a third of women remanded in custody go on to receive a custodial sentence. In 2011-12, four fifths were serving sentences of six months or less. The number of women convicted of a crime has gone up by 14 per cent in the past 10 years, but the number in custody has more than doubled, yet all the while the gravity of offending has remained the same. When all that is the case, we are surely compelled to consider how the judiciary can better utilise the available disposals. How can we ensure that judges have greater confidence in community-based services and innovative approaches such as restorative justice?
The commission on women offenders identified that there was scope to expand the breadth, depth and regularity of training on sentencing. The Scottish sentencing council could make a difference by promoting understanding and consistency in sentencing practice. The Lord Justice Clerk, Lord Carloway, believes that the council can generate a shift from punishment to rehabilitation. He suggested that
“It will advance Scotland into a more civilised era where retribution other than in relation to the most serious of crimes, will have a smaller plate at the sentencing table.”
Reducing the prison population, reducing the number of people held on remand and ending senseless short-term sentences all hinge on sentencing policy, yet the council still has not been established, four years after Parliament legislated for it.
At the heart of improving the situation for every woman who comes into contact with Scotland’s justice system is the need to break down such barriers, overcome misconceptions and increase understanding. That is the only way to ensure that sentencing is focused on rehabilitation and addresses the specific and distinct needs of women.
I move amendment S4M-12160.1, to insert after “women offending”:
"; considers that further judicial training, greater judicial diversity and the establishment of a Scottish sentencing council would help ensure that sentencing is focused on rehabilitation and addresses the specific needs of women offenders”.
Motions, questions or amendments mentioned by their reference code.
- S4M-12160.1 Women Offenders Motion