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)
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 the previous one that we disposed of on the emergency provisions that had to be put in place as a result of Covid restrictions, in terms of the quality in general and the debate that took place. The decision to move ahead with the extension of restrictions in this SSI to the context of young offenders institutions has not had a similar airing. I attach considerable weight to the views of staff in those establishments, but there are other views that need to be heard. That is all the more important when we are dealing with a negative instrument as opposed to an affirmative one. It is absolutely right that we find ourselves in a bind here, which is not helped by the fact that we are in the dying days of the parliamentary session. I do not think that we have an alternative, in a practical sense, to passing the SSI, but I would want to make sure that the committee states in terms our dissatisfaction with the way in which the matter has been handled. We are told that there was an internal consultation and then the other stakeholders were informed—the fact that steps were taken to inform the other stakeholders rather suggests a belief that those stakeholders have an interest in and a perspective on the contents of the SSI. The situation is highly regrettable. I am pleased that the Howard League Scotland has clearly set out its dissatisfaction and concerns about the process. The committee needs to reflect those to the cabinet secretary and probably also to the Scottish Prison Service. 10:45
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...