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Chamber

Meeting of the Parliament 02 April 2015

02 Apr 2015 · S4 · Meeting of the Parliament
Item of business
Prisoners (Control of Release) (Scotland) Bill: Stage 1

If Mr Allard does not mind, I will make some progress.

That is not a precedent that the Scottish Parliament should set or encourage, and nor is the cabinet secretary’s piecemeal filtering down of more information as recently as yesterday, in an attempt to address the numerous unanswered questions that the proposed change has prompted, any more acceptable.

Furthermore, evidence from witnesses such as the University of Strathclyde’s Professor Cyrus Tata highlighted the fact that the proposals could result in a prisoner being released without supervision on what has been termed “cold release”. He confirmed that, in such cases, released prisoners would be more likely to reoffend.

Moreover, instead of clarifying already complicated sentencing policy, the bill—to quote Dr Monica Barry from the University of Strathclyde—merely “muddies the water”.

Victim Support Scotland wants

“greater clarity and transparency in the system, so that victims and the community are better able to understand sentencing.”—[Official Report, Justice Committee, 24 February 2015; c 14.]

That is why it supports the Scottish Conservatives’ call for the ending of automatic early release for all prisoners, which would provide clarity and honesty in sentencing.

Witnesses have also raised issues regarding the shortage of places on rehabilitation programmes in prison. With demand outstripping supply, there is—as Professor Miller confirmed—an issue about the human rights impact statements being inadequate. Therefore, the committee recommended that an independent assessment of the provision and availability of rehabilitation programmes in prison be carried out. I look forward to hearing the cabinet secretary’s response to that.

The Justice Committee’s task was to scrutinise the bill. In addition to dealing with all the flaws that I have just identified, it is being asked to form a view on a policy change that has been announced at the final hour, without having sight of a revised policy memorandum, financial memorandum or explanatory notes. That is hardly conducive to effective scrutiny. Stakeholders across the board have echoed that view, and many witnesses are calling for the bill to be withdrawn.

For those reasons, I dissented in committee from agreeing to the general principles of the bill. Those reasons are also why the Scottish Conservatives will abstain at stage 1.

15:11  

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
Good afternoon. The first item of business is a debate on motion S4M-12878, in the name of Michael Matheson, on the Prisoners (Control of Release) (Scotland)...
The Cabinet Secretary for Justice (Michael Matheson) SNP
I begin by apologising for my late arrival, which was entirely my fault and responsibility. I welcome the opportunity to speak in this debate at stage 1 of ...
The Deputy Presiding Officer Lab
I call Christine Grahame to speak on behalf of the Justice Committee. 14:46
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
Thank you, Presiding Officer. I welcome the opportunity to speak in the debate and, as you say, I speak as the convener of the Justice Committee. I will spea...
Elaine Murray (Dumfriesshire) (Lab) Lab
I thank the clerks and the witnesses for their efforts in bringing a lot of issues to the committee’s attention during the stage 1 process. The Scottish Nat...
Margaret Mitchell (Central Scotland) (Con) Con
This stage 1 debate on the Prisoners (Control of Release) (Scotland) Bill is an important one. I thank the clerks, the convener and my fellow members of the ...
Christian Allard (North East Scotland) (SNP) SNP
Will Margaret Mitchell take an intervention?
Margaret Mitchell Con
If Mr Allard does not mind, I will make some progress. That is not a precedent that the Scottish Parliament should set or encourage, and nor is the cabinet ...
Nigel Don (Angus North and Mearns) (SNP) SNP
I speak on the bill in my capacity as convener of the Delegated Powers and Law Reform Committee. Although the bill contains only one delegated power, the com...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
Is it the committee’s view that that is not simply a matter in relation to this bill, but a principle that it wants to apply in similar circumstances in simi...
Nigel Don SNP
Stewart Stevenson’s point is absolutely fair. As a member of the DPLR Committee, he will accept that that is our concern. We have tried to bring principled a...
Roderick Campbell (North East Fife) (SNP) SNP
In historical terms, parole is quite recent, and the Parole Board for Scotland was set up only in 1968. Parole was subject to an important review by Lord Kin...
Jayne Baxter (Mid Scotland and Fife) (Lab) Lab
There is little doubt that the criminal justice system in Scotland is in desperate need of reform. The aspect of that system that the bill seeks to address—s...
Christian Allard (North East Scotland) (SNP) SNP
First, I would like to thank all the Justice Committee members and the organisations and individuals who came to give evidence. It was a long session and our...
Patricia Ferguson (Glasgow Maryhill and Springburn) (Lab) Lab
I am sorry to interrupt the member, but my reading of what the Law Society said to members was not that the 2007 act was inadequate but that, if the bill was...
Christian Allard SNP
What I said was my interpretation of what the Law Society said. As I was saying, it all comes down to implementation. If the Government has a problem with im...
Alison McInnes (North East Scotland) (LD) LD
I apologise to members in advance, as I have a sore throat. If automatic early release for long-term prisoners is to be abolished, the alternative must pass...
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
I am pleased to take part in the debate as a member of the Justice Committee. The ending of automatic early release for prisoners is seen by a large cross-...
Margaret McDougall (West Scotland) (Lab) Lab
As we have heard, the bill before us—which proposes to end automatic early release for sex offenders serving four years or more and other offenders serving 1...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
I very much welcome the opportunity to speak on this important subject. We all know that control over the release of prisoners is a subject that has needed t...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
I am not, and never have been, a member of the Justice Committee, but looking back over the eight years that I have spent in the Parliament and the debates o...
Patricia Ferguson (Glasgow Maryhill and Springburn) (Lab) Lab
As an MSP who is not a member of the Justice Committee and is therefore not as familiar with the systems and processes that are involved in our application o...
Christine Grahame SNP
Does the member accept that the Justice Committee will have the opportunity to take evidence on what might be substantial amendments at stage 2 if it wishes ...
Patricia Ferguson Lab
I absolutely accept that, but it is still quite a strange way to legislate. The committee and Parliament should really have had those materials at stage 1 if...
Clare Adamson (Central Scotland) (SNP) SNP
The decisions that we make as the bill goes through Parliament will affect our prison communities. A prison community is much more than the prisoners; the st...
John Finnie (Highlands and Islands) (Ind) Ind
I, too, thank the many people who gave the evidence that formed the basis of the Justice Committee’s report. I will quote straight away from one of them, Pro...
Annabel Goldie (West Scotland) (Con) Con
The debate has revealed a conundrum. People either support or oppose automatic early release. Those who support it want it; those who oppose it do not want i...
Christian Allard SNP
Will the member give way?
Annabel Goldie Con
Let me just expand my argument. As a political principle, my party’s credentials could not be clearer on the issue. In 2007, it was heartening to find that ...
Stewart Stevenson SNP
Will the member take an intervention?