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Chamber

Meeting of the Parliament 23 June 2015

23 Jun 2015 · S4 · Meeting of the Parliament
Item of business
Prisoners (Control of Release) (Scotland) Bill

Oh, it is me. I thought I heard “followed by”.

If the decision to pass the bill is taken at 4.30 pm, the Parliament will be able to take absolutely no pride in it. It follows on the heels of the corroboration debacle—a mess that the cabinet secretary has been credited with sorting out—but here we are again with the legitimate concerns and criticisms of key stakeholders, who have a wealth of knowledge and experience in the criminal justice system and the treatment of prisoners, being unceremoniously swept aside.

The bill does not end automatic early release. Its stated aims were to reduce reoffending and improve public safety, but it does neither. Its proposals are undermined by evidence and knowledge of practice that the Government has chosen to ignore. A bill that was deeply flawed to begin with has been made worse by the lack of scrutiny and the failure to allow sufficient time to consider the major amendments at stage 2.

To put the unacceptable lack of proper scrutiny in context, the Law Society of Scotland points out that the current law was enacted following two inquiries. The Scottish inquiry, under the chairmanship of Lord Kincraig, a senator of the College of Justice, conducted its deliberations over 14 months. During the same period, the Scottish Prison Service published two consultation documents, so prison reform was the subject of full debate. How ironic it is that devolution should lead to a weakening of the scrutiny, transparency and accountability of Government in Scotland.

The elephant in the room is the bill’s failure to consider short-term sentences, as prisoners who serve such sentences have the highest rates of reoffending. According to the Scottish Government’s 2013-14 figures, 602 individuals received custodial sentences for attempted murder and serious assault. A staggering 82 per cent of them were given sentences of less than four years. However, those offenders will be released automatically halfway through their sentence.

The bill does not provide the clarity and honesty in sentencing that victims and their families want and have the right to expect. The Scottish Conservatives have long called for automatic early release to be abolished for all prisoners, regardless of their crime or the length of their sentence. Based on the evidence that we heard at stage 1 and stage 2, it is impossible to allow the bill to continue its parliamentary progress in good faith.

My amendment would have provided the opportunity to examine the criminal justice system—including short-term sentencing, early release and the associated recidivism rates—in the round and to scrutinise further the other key issues that emerged in evidence to ensure that they were properly debated and scrutinised. The fact that it was rejected marks a low point in the Parliament’s scrutiny process, which is already attracting widespread and justified criticism.

For those reasons, the Scottish Conservatives will not support the bill.

16:14  

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-13597, in the name of Michael Matheson, on the Prisoners (Control of Release) (Scotland) Bill. 15:22
The Cabinet Secretary for Justice (Michael Matheson) SNP
I welcome the opportunity to open the stage 3 debate on the Prisoners (Control of Release) (Scotland) Bill. First, I offer my thanks to the Justice Committee...
The Deputy Presiding Officer Con
I call Dr Elaine Murray. You have seven minutes. As we are now quite tight for time, please make it a pretty exact seven minutes. 15:32
Elaine Murray (Dumfriesshire) (Lab) Lab
The term “ending automatic early release” has been used so often over the years that its meaning has not been questioned. That was the case until the Justice...
Christian Allard (North East Scotland) (SNP) SNP
Will the member take an intervention?
Elaine Murray Lab
No, sorry. I do not really have much time. In the ministerial statement prior to this debate, Fergus Ewing reminded us that irrational decisions can result ...
John Finnie (Highlands and Islands) (Ind) Ind
Will the member give way?
Elaine Murray Lab
I am sorry, but I do not have much time. The Government has not been able to provide evidence that a six-month supervisory sentence for all long-term prison...
Margaret Mitchell (Central Scotland) (Con) Con
I pay tribute to the Justice Committee clerks for their hard work and to the witnesses who provided such vital and insightful evidence at stage 1 and stage 2...
Christian Allard SNP
Will the member give way?
Margaret Mitchell Con
If Mr Allard does not mind, I will make progress. We are now in a situation in which the legitimate concerns and criticisms of stakeholders, which range fro...
Christian Allard SNP
Will the member take an intervention?
Margaret Mitchell Con
No. If the member does not mind, I have some progress to make. That in turn has proportionality implications that may lead to potential human rights challen...
Roderick Campbell (North East Fife) (SNP) SNP
We must acknowledge that the bill has moved since stage 1 and that it operates in the context of the 2007 and 2010 legislation in the area, as yet to be impl...
The Deputy Presiding Officer (Elaine Smith) Lab
I have a little bit of time in hand at this stage. 15:48
Graeme Pearson (South Scotland) (Lab) Lab
I am pleased to speak in this afternoon’s debate. However, I am disappointed because introducing the legislation in this way is a missed opportunity. Rod Ca...
Christian Allard SNP
It is important to understand what the academics told the committee. They said that cold release is the problem. A vast amount of cold release is happening. ...
Graeme Pearson Lab
I am grateful for that intervention. I accept that the days of cold release should be history. Unfortunately, they will not be. Over the past few months, I h...
Alison McInnes (North East Scotland) (LD) LD
It is important to remember that automatic early release is a management device. It was introduced as a safety valve to ease the pressure caused by escalatin...
John Finnie (Highlands and Islands) (Ind) Ind
The policy memorandum talks about helping to reduce offending and improve public safety, and it is important that we have an evidence base for that. People h...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
Much has already been said about this short bill, so I will try not to repeat too much. I think that we all agree that ending automatic early release is, in ...
Jayne Baxter (Mid Scotland and Fife) (Lab) Lab
The core principle behind the bill is recognised across the chamber: automatic early release of prisoners does not engender confidence in our criminal justic...
John Finnie Ind
Will Jayne Baxter give way?
Jayne Baxter Lab
No. We must ensure that each offender’s risk profile is central to the debate about whether they are released early. For those who have committed serious of...
The Deputy Presiding Officer Lab
We come to the closing speeches. I call Margaret Mitchell. 16:10
Margaret Mitchell Con
Oh, it is me. I thought I heard “followed by”. If the decision to pass the bill is taken at 4.30 pm, the Parliament will be able to take absolutely no pride...
Hugh Henry (Renfrewshire South) (Lab) Lab
I cannot find any fault in the idea that we should end automatic early release. Victims, and indeed the general public, deserve some clarity from our legal s...
Christian Allard SNP
Will the member give way?
Hugh Henry Lab
No, thank you. Roderick Campbell criticised Elaine Murray, saying that there was no evidence for her amendment. That was echoed by Christine Grahame, who sa...
Michael Matheson SNP
I have listened with interest to the issues and points raised, although some of them were echoes of concerns that were raised at stage 1 of the bill. I said ...