Committee
Justice Committee 16 March 2021
16 Mar 2021 · S5 · Justice Committee
Item of business
Subordinate Legislation
Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2021 (SSI 2021/80)
It is not my intention to prolong procedures on that, but the letter that we have received from the Howard League, which I often find myself aligning with, raises important issues. Prisons and young offenders institutions are unique establishments, and it is right that there is rigorous monitoring. We know that people have found themselves being held in their cells for close to 24 hours a day for the past 18 months. The most pertinent point raised by the Howard League in relation to what is, in effect, legislation—this is clearly the law of the land—is that the consultation was entirely internal. That is worrying. We have heard the phrase “marking your own homework” a lot lately, and this is making up your own rules. I do not question the integrity of the Scottish Prison Service or that its intention was other than to have safe establishments. However, the process looks to have been entirely insular. We need a broader examination, which would include Her Majesty’s Inspectorate of Prisons for Scotland and the Scottish Human Rights Commission and seeking views from others, such as the staff associations. Although I do not intend to oppose the instrument, points are raised that I would hope people would have regard to. If there is an opportunity to have an early review and revise some of those issues, that would be positive.
In the same item of business
The Convener
Con
Agenda item 2 is consideration of three negative statutory instruments. I refer members to the relevant paper in our pack, which is a note on the instruments...
Annabelle Ewing (Cowdenbeath) (SNP)
SNP
There has been some to-ing and fro-ing with correspondence on the regulations. I have read the correspondence, but I think that the amended regulations are p...
Liam Kerr (North East Scotland) (Con)
Con
Broadly, I understand what Annabelle Ewing has said. There is no doubt that the public response is largely in favour of the regulations, and I do not necessa...
The Convener
Con
On what the committee can do, procedurally, given that these are negative instruments, if any member wanted to object, they would have to lodge a motion to a...
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
I broadly agree with what you and Annabelle Ewing have said. I want to reflect the situation for my constituents because, as I imagine is the case for us all...
Liam McArthur (Orkney Islands) (LD)
LD
I echo the points that the convener, Annabelle Ewing and Fulton MacGregor have made. There has been quite a bit of back and forth, and the issues have been t...
Liam Kerr
Con
I do not disagree with anything that I have just heard, and I will not look to stretch out the process any further. I would be interested in the minister’s r...
The Convener
Con
That is all on the record, and we can certainly draw it to the attention of the minister’s officials, if that would reassure you, Liam. That concludes member...
John Finnie (Highlands and Islands) (Green)
Green
It is not my intention to prolong procedures on that, but the letter that we have received from the Howard League, which I often find myself aligning with, r...
The Convener
Con
I do not always agree with Mr Finnie, but I associate myself with every one of those remarks. When I read the correspondence from the Howard League, I was qu...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
I absolutely agree with everything that John Finnie said. I suppose that that leaves us with the question of whether we should vote against approving the ins...
The Convener
Con
As I understand it, the committee does not have an opportunity to vote against it today, as these are negative, not affirmative, instruments. If any member w...
Liam McArthur
LD
Like Rhoda Grant, I whole-heartedly agree with the concerns that John Finnie laid out. I would contrast what we are dealing with in relation to this SSI with...
Fulton MacGregor
SNP
I echo what other members have said. I am glad that John Finnie raised the issue, and I completely agree with what others have said. As someone who, in a pre...
The Convener
Con
I am grateful to all members who have contributed to our discussion of the SSI. All those who have spoken are agreed that we should write, in quite strong te...