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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
Paterson, Gil SNP Clydebank and Milngavie Watch on SPTV

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-section of the public as a very important issue to which they can relate with regard to their own safety in the community in which they live.

I acknowledge that, following evidence to the Justice Committee, Michael Matheson MSP, the Cabinet Secretary for Justice, said that he would extend the provisions in the bill to cover all long-term prisoners, which is to his and the Scottish Government’s credit. He has shown leadership by listening to reasoned argument and responding accordingly. In my book, it is a good thing when Governments and ministers listen and perhaps come to a conclusion that is different from their former conclusion.

During my speech, I will aim to focus on the prisoners who commit serious sex offences and how the bill will impact on them and offer some comfort to their victims. As a former board member of Rape Crisis Central Scotland, I am sadly familiar with that aspect of crime through my work on behalf of the victims of sexual assault.

Many people in Scotland have never understood why serious sex offenders were automatically released early, before they had served their full sentence. The victims of those offences are petrified at the thought of the early release of the person who attacked them in what they understandably believe is the ultimate crime. They live in fear of one day being confronted by their attacker.

On what many of the public think about early release, a large number of those who have been victims disagree with the present system. Nonetheless, I fully support the Parole Board making the final decision on whether serious sex offenders should be released before completing their sentence. The Parole Board has the benefit of knowing how rehabilitation programmes have worked on the individual.

I particularly support the work carried out in Peterhead prison, which has introduced programmes designed to change the behaviour of serious sex offenders. The work carried out in that institution has had a tremendous record of success, and I wonder whether people tend not to reoffend as a result.

I acknowledge that prisoners volunteer for those programmes for a host of reasons. Some volunteer in order to influence the Parole Board. They want to show that they are putting some effort into changing their behaviour in the hope that they are rewarded by being granted early release. There are, however, many prisoners who volunteer because they sincerely believe that they need help, and that they need to change their behaviour, better themselves and ensure that they are never sent back to prison.

No matter the motivation, we can see the success of such a system in the fact that someone who is cold released or automatically released early is approximately seven times more likely to breach their licence conditions than someone who is released after a decision by the Parole Board.

To victims and to members of the public who are fearful of early release and the impact that it will have on them and their community, I offer this message. What is being proposed by the Scottish Government should give some comfort because the public and communities will know that tried, tested and effective rehabilitation courses will be available to offenders while they are serving their time in prison. Further, supervision in the community will also be in place, whether or not prisoners participate in rehabilitation within prison.

I would far rather that, after deliberating, considering detailed reports and assessing behaviour programmes, the Parole Board granted someone who may have, say, one year left of their sentence early release, knowing that they are unlikely to reoffend. I hope that that is some comfort to the public. That is where rehabilitation and the work of the Parole Board play such an important role. Roderick Campbell mentioned that.

Although I have focused primarily on those who have been imprisoned for serious sex offences, I would argue that the same balanced viewpoint will work across all crimes. The bill goes some way towards ensuring that the policy of ending automatic early release for all long-term prisoners will have at its heart public safety and the need for effective rehabilitation and supervision.

Section 2 is plain common sense and I welcome it. Knowing that the services were not available, it was wrong of us to send people out who really needed help not to reoffend. Section 2 will have a big effect on people when they are released and, in the long run, will help them and society to get a better understanding of how things work.

Although work is still to be done at stage 2 in committee, I feel that we are more than on the right track and I commend the bill to Parliament.

15:50  

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?