Hansard

Presiding Officer, thank you for the opportunity to briefly explain why the proposals in the draft Community Orders (Coronavirus) (Scotland) Regulations 2021 are necessary as part of our response to the coronavirus pandemic.

The regulations propose to vary all unpaid work requirements in existing community payback orders by reducing the hours that are imposed in each order by 35 per cent. There are some exceptions for CPOs that are imposed either entirely or partially for domestic abuse, sexual offences or stalking.

The action is necessary to ease pressure on local authorities as the coronavirus pandemic continues. Liam Kerr asks why we did not plan for it. Local authorities have told us that they have not been able to carry out the unpaid work hours simply because the restrictions make it impossible to do so. They cannot put 10 people into a minibus and take them to paint a community centre, clear up allotments or do whatever the unpaid work may be because coronavirus restrictions simply would not allow that to happen.

In fact, Social Work Scotland, Community Justice Scotland, local authorities, the Convention of Scottish Local Authorities, and the Scottish Association of Social Work all tell us that if we did not implement the regulations, the system would be completely overwhelmed. Due to the coronavirus restrictions being in place, 800,000 hours have built up. If we did nothing, come the summer, the number would be more than 1 million.

On 23 February, I gave evidence to the Justice Committee, which voted by seven votes to two in support of approval of the regulations. The two members who voted against were the two Conservative members. I acknowledge that the regulations contain extraordinary powers—Liam Kerr is right: we would not plan to do this in normal times. However, these are not normal times.

Liam Kerr talks about judicial confidence. I have spoken to members of the judiciary—I do not know whether he has—who tell us that if the system was to collapse, they would have no choice but to send people to prison. Maybe that is what the Conservatives would like to happen.

The draft regulations focus specifically on unpaid work or other activity requirements, with all other requirements remaining in place. I assure victims of crime and others that the justice system continues to hold those who commit offences to account and to keep our communities safe.

I am disappointed, although not surprised, that the Tories contest the regulations. If we took their position, the entire community justice system would collapse. The throw-them-in-jail-and-chuck-away-the-key approach would make us less safe, increase reoffending and increase the number of victims.

We will follow the evidence and make the hard, but right, decisions. I am proud to follow the smart justice approach, as opposed to a populist and arcane justice policy that would make us less safe as a country.

I encourage all members to support the regulations, which strike an appropriate balance between removing enough hours to assist local criminal justice social work services and ensuring that individuals complete the majority of their unpaid work requirements, as imposed by the court.