Chamber
Plenary, 27 Jun 2001
27 Jun 2001 · S1 · Plenary
Item of business
Serious Violent and Sexual Offenders
I am glad to have the opportunity today to discuss another aspect of the Scottish Executive's work that is aimed at protecting our communities. Managing the risk that offenders pose and safeguarding the public are about protecting our communities and are crucial in creating a safer Scotland—a Scotland in which our people feel safer because they are safer.
Community safety links all the initiatives that have been touched on this afternoon. It also underscores other work that is being done, which will interact with the proposals in the white paper.
It is important that we remain aware that the work of improving community safety does not begin and end with our proposals for high-risk offenders—of whom, as Jim Wallace indicated, there is a relatively small number in any year—nor with the review of the Sex Offenders Act 1997. We also need to help people on the ground to act and act together to improve community safety.
That is why police forces and local councils, with our support, have set up local community safety partnerships throughout Scotland—indeed, in all 32 local authority areas. Those partnerships involve the public, private and voluntary sectors working together in tackling crime. From the grass roots to the high tariffs, all measures must work towards the safety and security of our people.
The debate has rightly focused on our new proposals for serious violent and sexual offenders, which we presented in our white paper that was published on 11 June. The proposals are comprehensive and innovative. One of the key innovations in the proposals is the new body that we propose to set up: the risk management authority. That is a new approach to assessing and managing risk. The RMA will exist to ensure that best practice is followed by every agency throughout Scotland.
A number of speakers have made the point that a large range of agencies throughout Scotland have a role to play in managing and minimising risk. That is the case. No longer can we accept a situation in which pockets of excellence are isolated throughout the country. More to the point, and as Pauline McNeill made clear, no longer can we tolerate gaps in practice in the field. The RMA will have the role of spreading best practice throughout the agencies and throughout Scotland.
The point has been made on various occasions that the risk management authority may feel that the agencies with which it is working or which it is advising have difficulty in delivering what is required of them because of problems with funding. The RMA will be able to advise and recommend to the Scottish Executive specific funding that might be required to be allocated to agencies with whom it works in order for it to deliver its responsibilities. The final decision on that funding will of course remain with Scottish Executive ministers.
In discussing the risk management authority, I would like to reassure one or two members, including Roseanna Cunningham, who spoke about the status of the RMA, specifically about the fact that it will be a non-departmental public body, that we considered very carefully the question of whether there was any other way in which to deliver our proposals effectively.
The body of course has to be efficient and effective, and has to be independent. Believe me, following what the Minister for Finance and Local Government has announced on the matter, this is not a good time to argue for the setting-up of a new NDPB, unless it is the right thing to do. In the circumstances, we believe that that is the correct way to go.
On funding, which of course is required for the RMA to work, we have budgeted £3 million for the set-up and initial running costs of the RMA in 2002-03, and £5 million in the following year, within the justice budget.
The RMA will be able to provide advice and guidance whenever that is needed. When it comes to the highest-risk offenders, it will be required to ensure that the multi-agency risk management plans meet the best standards.
In response to Phil Gallie, it is true that the decision on release will lie with the Parole Board, which indeed holds that function for other categories of prisoner. That will parallel the arrangements for mandatory and discretionary life prisoners, and we believe that to be the fairest approach: it guarantees the offender's rights to a regular review of his or her detention while using the Parole Board's expertise to ensure public safety. As is the case with life prisoners, either the Parole Board or Scottish ministers can recall an order-for-lifelong-restriction prisoner for breach of conditions. If the offender is recalled, the Parole Board will have to be again satisfied that he or she does not pose a high risk, before it will consider re-releasing the offender.
Community safety links all the initiatives that have been touched on this afternoon. It also underscores other work that is being done, which will interact with the proposals in the white paper.
It is important that we remain aware that the work of improving community safety does not begin and end with our proposals for high-risk offenders—of whom, as Jim Wallace indicated, there is a relatively small number in any year—nor with the review of the Sex Offenders Act 1997. We also need to help people on the ground to act and act together to improve community safety.
That is why police forces and local councils, with our support, have set up local community safety partnerships throughout Scotland—indeed, in all 32 local authority areas. Those partnerships involve the public, private and voluntary sectors working together in tackling crime. From the grass roots to the high tariffs, all measures must work towards the safety and security of our people.
The debate has rightly focused on our new proposals for serious violent and sexual offenders, which we presented in our white paper that was published on 11 June. The proposals are comprehensive and innovative. One of the key innovations in the proposals is the new body that we propose to set up: the risk management authority. That is a new approach to assessing and managing risk. The RMA will exist to ensure that best practice is followed by every agency throughout Scotland.
A number of speakers have made the point that a large range of agencies throughout Scotland have a role to play in managing and minimising risk. That is the case. No longer can we accept a situation in which pockets of excellence are isolated throughout the country. More to the point, and as Pauline McNeill made clear, no longer can we tolerate gaps in practice in the field. The RMA will have the role of spreading best practice throughout the agencies and throughout Scotland.
The point has been made on various occasions that the risk management authority may feel that the agencies with which it is working or which it is advising have difficulty in delivering what is required of them because of problems with funding. The RMA will be able to advise and recommend to the Scottish Executive specific funding that might be required to be allocated to agencies with whom it works in order for it to deliver its responsibilities. The final decision on that funding will of course remain with Scottish Executive ministers.
In discussing the risk management authority, I would like to reassure one or two members, including Roseanna Cunningham, who spoke about the status of the RMA, specifically about the fact that it will be a non-departmental public body, that we considered very carefully the question of whether there was any other way in which to deliver our proposals effectively.
The body of course has to be efficient and effective, and has to be independent. Believe me, following what the Minister for Finance and Local Government has announced on the matter, this is not a good time to argue for the setting-up of a new NDPB, unless it is the right thing to do. In the circumstances, we believe that that is the correct way to go.
On funding, which of course is required for the RMA to work, we have budgeted £3 million for the set-up and initial running costs of the RMA in 2002-03, and £5 million in the following year, within the justice budget.
The RMA will be able to provide advice and guidance whenever that is needed. When it comes to the highest-risk offenders, it will be required to ensure that the multi-agency risk management plans meet the best standards.
In response to Phil Gallie, it is true that the decision on release will lie with the Parole Board, which indeed holds that function for other categories of prisoner. That will parallel the arrangements for mandatory and discretionary life prisoners, and we believe that to be the fairest approach: it guarantees the offender's rights to a regular review of his or her detention while using the Parole Board's expertise to ensure public safety. As is the case with life prisoners, either the Parole Board or Scottish ministers can recall an order-for-lifelong-restriction prisoner for breach of conditions. If the offender is recalled, the Parole Board will have to be again satisfied that he or she does not pose a high risk, before it will consider re-releasing the offender.
In the same item of business
The Presiding Officer (Sir David Steel):
NPA
The next item of business is the debate on motion S1M-2041, in the name of Mr Jim Wallace, on serious violent and sexual offenders, and an amendment to that ...
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
I am pleased to move the motion today. First, it confirms that we have delivered on all of our programme for government commitment to"review the law by 2001 ...
Phil Gallie (South of Scotland) (Con):
Con
When reading this white paper, we have no choice but to go along with the stated aim of the minister: to make Scotland a safer place to live in. That is the ...
Mr Mike Rumbles (West Aberdeenshire and Kincardine) (LD):
LD
Will Phil Gallie give way?
The Deputy Presiding Officer (Patricia Ferguson):
Lab
The member is about to wind up.
Phil Gallie:
Con
I am sorry. I would have liked to take an intervention from Mike Rumbles.I have a number of other queries. One relates to the time that it may take to make a...
Roseanna Cunningham (Perth) (SNP):
SNP
As the lack of an SNP amendment to the motion suggests, I have no hesitation in welcoming the publication of the white paper on serious violent and sexual of...
Gordon Jackson (Glasgow Govan) (Lab):
Lab
It will come as no surprise to members to learn that I, too, welcome unreservedly the contents of the white paper. I have also been pleased to hear a degree ...
The Deputy Presiding Officer:
Lab
No.
Gordon Jackson:
Lab
I am very sorry, but I thought I got a wee look.I always like to add a wee "but" just for the sake of it—old habits die hard. The white paper is a start, but...
The Deputy Presiding Officer:
Lab
For Mr Jackson's information, he will know when I am winding him up.
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
The debate has always been emotive and controversial. It concerns the most difficult offenders in our society. The debate is about creating safe communities....
Lord James Douglas-Hamilton (Lothians) (Con):
Con
Although the number of members in the chamber is somewhat depleted, there have been some extremely good speeches. Pauline McNeill was right to stress the imp...
Kay Ullrich (West of Scotland) (SNP):
SNP
As many members know, in a previous existence, I spent many years working with victims of violent and sexual offending and with perpetrators of those awful c...
Donald Gorrie (Central Scotland) (LD):
LD
I would like to focus on one aspect of the excellent white paper. The paper tries to fulfil the recommendations of the MacLean committee and, on the technica...
Dr Richard Simpson (Ochil) (Lab):
Lab
I commend the Executive for the process so far of developing a modern approach to the difficult issue of serious violent and sexual offenders.The Minister fo...
Mr Gil Paterson (Central Scotland) (SNP):
SNP
Like many members, I very much welcome the recommendations in the MacLean report and I thank the Executive for accepting them. The MacLean report will ensure...
Bill Aitken (Glasgow) (Con):
Con
Sentencing is always a difficult issue, particularly when the crimes for which a sentence is being imposed are especially serious and sometimes horrific. The...
Roseanna Cunningham:
SNP
On a point of order, Presiding Officer. I realise that this is a matter of convention, but does the fact that the Executive front benches are entirely empty ...
The Deputy Presiding Officer (Mr George Reid):
SNP
It is not for me to comment. It is a convention for ministers normally to be present during a debate and I am sure that civil servants or Government whips wi...
Elaine Smith (Coatbridge and Chryston) (Lab):
Lab
The Executive should be congratulated on bringing forward the white paper in line with the commitment in the programme for government and on accepting all th...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
Like Kay Ullrich, I bring personal experience to the debate, as I am a former psychiatric nurse who worked in a locked ward. I was 17 years old at the time; ...
Robert Brown (Glasgow) (LD):
LD
In this debate, we have seen the Scottish Parliament at its best. There is a kind of seminar atmosphere about the proceedings. I mean that in the highest sen...
Christine Grahame (South of Scotland) (SNP):
SNP
The SNP welcomes these progressive proposals. We all hope that, once they are fleshed out, they will facilitate a balance between the release of those who ha...
The Deputy Presiding Officer:
SNP
We are falling slightly short of time. I may have to suspend business for two or three minutes before 5 o'clock. We shall see.
Mrs Lyndsay McIntosh (Central Scotland) (Con):
Con
I am mindful of your concern about the timing, Presiding Officer, and I will try to as brief as I can.
The Deputy Presiding Officer:
SNP
The problem with the time is the other way round.
Mrs McIntosh:
Con
People have other places to go. I will not keep them any longer than I have to.We broadly accept the MacLean report findings and recommendations and we welco...
The Deputy Presiding Officer:
SNP
Iain Gray will wind up for the Scottish Executive.You have 14 minutes, minister. If you just want to take your allotted 10 minutes, I will stop for three min...
The Deputy Minister for Justice (Iain Gray):
Lab
I am glad to have the opportunity today to discuss another aspect of the Scottish Executive's work that is aimed at protecting our communities. Managing the ...