Chamber
Meeting of the Parliament 02 May 2013
02 May 2013 · S4 · Meeting of the Parliament
Item of business
Community Justice System
It is clear that there is a fair degree of agreement across the chamber this afternoon. I associate myself with many of the comments that other members have made.
We know that the most persistent reoffenders are those who serve short-term sentences. The revolving door in and out of prison is used by many in our communities. If we could slow down that movement, we would see an easing of prisoner numbers and of other pressures on the justice system. For that to happen, we require those who enter the justice system—many of whom live chaotic lives, whether due to poverty, drugs or the psychological problems that they suffer—to be shown a path other than to the front door of a prison. We require a management system that can be at home in a national policy context but which is flexible enough to allow local decisions to be made that ensure that local priorities are met.
Therefore, I welcome the consultation document as well as the report of the commission on women offenders, which was chaired by Dame Elish Angiolini. Both documents are valuable, in that they bring to the debate information that could previously have been seen as anecdotal.
I am a member of the Public Audit Committee, which last year scrutinised Audit Scotland’s report, “Reducing Reoffending in Scotland”. A clearer picture has emerged of the actions that are required. CJAs across the country are not uniform. They have different governance systems, arrangements and lines of accountability and there are different levels of success on reoffending. Certainly, CJAs have brought organisations together, but it was obvious that they work, as people say in horrible managementspeak, in silos. Communication between many CJA partners is limited and, as a result, the system can fail the people whom it was designed to deal with.
Dealing with cross-territory prisoners is another problem. A good example would be a woman serving a short-term sentence at Cornton Vale prison who comes from, say, Aberdeen or Galashiels. On release, does she have a family and home to return to? She is highly unlikely to have a job lined up, so does she have a point of contact to help her, especially if she is released on a Friday afternoon when there is little time to arrange benefits or council services?
Throughcare is difficult enough at local level, let alone on a cross-territory basis. It is also something that CJAs and other partners have difficulty managing. That is why I am not all that keen on option B in the consultation. I am also not convinced that local authorities are fully geared up to provide throughcare and other services on their own. The third sector, the national health service and others must have a part to play, particularly in evolving a national strategy.
However, local authorities are vital partners in delivering with other stakeholders a plan for their own area and tying in national and local priorities. I have no real view at this time of whether I prefer option A or option C—I am certainly not going to introduce an option D, as Christine Grahame suggested she might—but if we are to go down the road of national management, a form of true local accountability will have to be found.
Every speaker in the debate will have some real-life stories to tell. I will give members two examples. A few months ago, David McLetchie and I visited Saughton prison in Edinburgh. We looked at the facilities and talked to staff and prisoners. We tried to ascertain the difficulties faced by staff and prisoners—in particular, how to get prisoners back on track through the prison system. We met two prisoners who were being released the following week and who had quite clear views that the 18 months that both had served was nothing more than—I quote—“an inconvenience”. It was not the first sentence that they had served, they had not learned anything in their time inside, and I do not suppose that it will be the last sentence that they will serve. Facilities are geared up for longer-term prisoners. The system cannot work for short-term prisoners; there is just not enough time for the rehabilitation side of things to work.
The second example involves a male aged around 17 whom I met with members of the Streetwork organisation. He was leading a group of younger boys. In front of them, he was bullish. He was proud to have already done time in a young offenders institution. He also appeared proud that he had another charge against him and that it was likely that he would find himself sentenced to time inside an adult prison for the first time. Only afterwards, when we started to talk to him after we got him away from the youngsters he was with, did we realise that perhaps he was not quite so bullish after all. He saw his life in prison as inevitable, but if he had the full support that perhaps he deserves, there would be a way out for that lad.
Those are two examples of why we need a total redesign. The partners that we have already are vital. They have experience, but the issue is the management of bringing the system together. I thoroughly believe that there is hope for the people out there, that we have a way forward and that there is common ground across all these benches. We can make this work and ease the pressure on the prison system.
I am convinced that we should get rid of short-term prison sentences. When I became an MSP, I came here thinking that many of the problems that we face locally should be sorted out by sending people to prison. I have learned that sentences of anything less than two and a half to three years are a waste of time—I have been converted to that. There are better ways to deal with people in our system.
I support the cabinet secretary’s motion.
15:49
We know that the most persistent reoffenders are those who serve short-term sentences. The revolving door in and out of prison is used by many in our communities. If we could slow down that movement, we would see an easing of prisoner numbers and of other pressures on the justice system. For that to happen, we require those who enter the justice system—many of whom live chaotic lives, whether due to poverty, drugs or the psychological problems that they suffer—to be shown a path other than to the front door of a prison. We require a management system that can be at home in a national policy context but which is flexible enough to allow local decisions to be made that ensure that local priorities are met.
Therefore, I welcome the consultation document as well as the report of the commission on women offenders, which was chaired by Dame Elish Angiolini. Both documents are valuable, in that they bring to the debate information that could previously have been seen as anecdotal.
I am a member of the Public Audit Committee, which last year scrutinised Audit Scotland’s report, “Reducing Reoffending in Scotland”. A clearer picture has emerged of the actions that are required. CJAs across the country are not uniform. They have different governance systems, arrangements and lines of accountability and there are different levels of success on reoffending. Certainly, CJAs have brought organisations together, but it was obvious that they work, as people say in horrible managementspeak, in silos. Communication between many CJA partners is limited and, as a result, the system can fail the people whom it was designed to deal with.
Dealing with cross-territory prisoners is another problem. A good example would be a woman serving a short-term sentence at Cornton Vale prison who comes from, say, Aberdeen or Galashiels. On release, does she have a family and home to return to? She is highly unlikely to have a job lined up, so does she have a point of contact to help her, especially if she is released on a Friday afternoon when there is little time to arrange benefits or council services?
Throughcare is difficult enough at local level, let alone on a cross-territory basis. It is also something that CJAs and other partners have difficulty managing. That is why I am not all that keen on option B in the consultation. I am also not convinced that local authorities are fully geared up to provide throughcare and other services on their own. The third sector, the national health service and others must have a part to play, particularly in evolving a national strategy.
However, local authorities are vital partners in delivering with other stakeholders a plan for their own area and tying in national and local priorities. I have no real view at this time of whether I prefer option A or option C—I am certainly not going to introduce an option D, as Christine Grahame suggested she might—but if we are to go down the road of national management, a form of true local accountability will have to be found.
Every speaker in the debate will have some real-life stories to tell. I will give members two examples. A few months ago, David McLetchie and I visited Saughton prison in Edinburgh. We looked at the facilities and talked to staff and prisoners. We tried to ascertain the difficulties faced by staff and prisoners—in particular, how to get prisoners back on track through the prison system. We met two prisoners who were being released the following week and who had quite clear views that the 18 months that both had served was nothing more than—I quote—“an inconvenience”. It was not the first sentence that they had served, they had not learned anything in their time inside, and I do not suppose that it will be the last sentence that they will serve. Facilities are geared up for longer-term prisoners. The system cannot work for short-term prisoners; there is just not enough time for the rehabilitation side of things to work.
The second example involves a male aged around 17 whom I met with members of the Streetwork organisation. He was leading a group of younger boys. In front of them, he was bullish. He was proud to have already done time in a young offenders institution. He also appeared proud that he had another charge against him and that it was likely that he would find himself sentenced to time inside an adult prison for the first time. Only afterwards, when we started to talk to him after we got him away from the youngsters he was with, did we realise that perhaps he was not quite so bullish after all. He saw his life in prison as inevitable, but if he had the full support that perhaps he deserves, there would be a way out for that lad.
Those are two examples of why we need a total redesign. The partners that we have already are vital. They have experience, but the issue is the management of bringing the system together. I thoroughly believe that there is hope for the people out there, that we have a way forward and that there is common ground across all these benches. We can make this work and ease the pressure on the prison system.
I am convinced that we should get rid of short-term prison sentences. When I became an MSP, I came here thinking that many of the problems that we face locally should be sorted out by sending people to prison. I have learned that sentences of anything less than two and a half to three years are a waste of time—I have been converted to that. There are better ways to deal with people in our system.
I support the cabinet secretary’s motion.
15:49
In the same item of business
The Deputy Presiding Officer (Elaine Smith)
Lab
The next item of business is a debate on motion S4M-06433, in the name of Kenny MacAskill, on redesigning the community justice system.
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
I know that the mood in the chamber is more sombre than usual, given events and the debate that has just taken place, but I am grateful that members have agr...
Jenny Marra (North East Scotland) (Lab)
Lab
Can the cabinet secretary clarify whether, if option B was chosen, consideration would be given to the fact that some local authorities that have areas of ve...
Kenny MacAskill
SNP
Those matters will have to be discussed in detail. The funding formula that we use takes account of the additional pressure that many areas face as a result ...
Lewis Macdonald (North East Scotland) (Lab)
Lab
I welcome the cabinet secretary’s closing comments. We will take up his offer of further discussion outwith the forum of parliamentary debate.There is genera...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
I think that Lewis Macdonald will be aware that, with the new governor at Polmont prison, there is a new culture and determination that the expression “purpo...
Lewis Macdonald
Lab
I am grateful for that intervention. I do not doubt for a moment the commitment of many leaders in the Scottish Prison Service to achieving precisely that ch...
Margaret Mitchell (Central Scotland) (Con)
Con
I welcome the debate because it gives Parliament the opportunity to examine why the current arrangement for strategic and operational responsibility with reg...
The Deputy Presiding Officer
Lab
We move to the open debate, with speeches of six minutes. We have a little bit of time in hand for interventions.15:30
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
This week, I had the good fortune to be briefed by Rob Strachan, the chief officer of Lothian and Borders community justice authority. It is important to sta...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
The debate’s timing is rather unfortunate. The consultation principle has always been central to the Parliament, and it would have been better to wait until ...
Colin Keir (Edinburgh Western) (SNP)
SNP
It is clear that there is a fair degree of agreement across the chamber this afternoon. I associate myself with many of the comments that other members have ...
Graeme Pearson (South Scotland) (Lab)
Lab
I acknowledge the speeches from all members thus far and I associate myself with many of the comments that have been made. I welcome the cabinet secretary’s ...
Margaret Mitchell
Con
Does Graeme Pearson agree that the meaningful and purposeful activity that he refers to can be delivered in so-called short-term sentences? Putting people in...
Graeme Pearson
Lab
Yes. When a prisoner is in custody 24/7, there are always avenues for delivery, if there is the will to deliver, the necessary support, the health interventi...
Roderick Campbell (North East Fife) (SNP)
SNP
Recorded crime is at a 37-year low, and the number of first-time offenders is falling. However, around half of the number who receive a short custodial sent...
Alison McInnes (North East Scotland) (LD)
LD
We know that the economic and social cost of offending and reoffending is immense, and we pour so many resources into picking up the pieces. Lives are ruined...
Sandra White (Glasgow Kelvin) (SNP)
SNP
Perhaps I am the only one—I do not know—but I am pleased to speak in the debate. I take on board what everyone has said, but the more we discuss the communit...
Mary Fee (West Scotland) (Lab)
Lab
Today’s debate seems premature given that the consultation finished only two days ago and we are awaiting the responses and conclusions. However, like other ...
Sandra White
SNP
Perhaps Mary Fee will be able to educate me on the CJAs. She said that various members of CJAs had contacted her. Would she say that the CJAs work differentl...
Mary Fee
Lab
I think that CJAs work in broadly the same manner in different local authorities. I am perhaps fortunate in that I was a local authority member before I came...
Christine Grahame
SNP
Can I tempt Mary Fee with option D?
Mary Fee
Lab
I thank Christine Grahame for her intervention—I will hold my decision on option D for a bit longer, if that is all right.Before the debate, I had the opport...
Willie Coffey (Kilmarnock and Irvine Valley) (SNP)
SNP
It has been highlighted already that the total economic and social cost of reoffending in Scotland is about £3 billion a year. According to the Audit Scotlan...
Jamie Hepburn (Cumbernauld and Kilsyth) (SNP)
SNP
I welcome the debate and, like Sandra White, I am quite happy to speak on an important subject. It is important to get the structure to deliver community jus...
The Deputy Presiding Officer (John Scott)
Con
We move to closing speeches. I call Annabel Goldie, who has six minutes or thereby.16:36
Annabel Goldie (West Scotland) (Con)
Con
I welcome both the Scottish Government’s recent consultation and this afternoon’s debate on redesigning the community justice system. That matters not only b...
Jenny Marra (North East Scotland) (Lab)
Lab
I reiterate what other members have said about the timing of today’s debate. Two days after the closure of the consultation is perhaps a little too soon to d...
Kenny MacAskill
SNP
Did the member not listen when we said quite clearly that the proposal—whether it is A, B or C—would not come into effect until the spring of 2016? Given tha...
Jenny Marra
Lab
Fanciful or not, those are not my words but the words of a leader of a community justice authority, and they are a response to the cabinet secretary’s motion...