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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 4 November 2025
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Displaying 3743 contributions

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Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

Our next item of business is the continuation of our inquiry into the harm that is caused by substance use in Scottish prisons. Today, we have an opportunity to take evidence from the Scottish Government and I am very pleased to welcome the following witnesses: Angela Constance, Cabinet Secretary for Justice and Home Affairs; Maree Todd, Minister for Drugs and Alcohol Policy and Sport; James McClellan, deputy director, community justice division; David Doris, prison policy team lead, criminal justice division; Richard Foggo, director of population health; and Alison Crocket, whole systems unit, drugs policy division. Thank you for joining us.

I refer members to papers 1 and 2. I intend to allow up to 90 minutes for the session.

I invite the cabinet secretary and the minister to make a short opening statement.

Criminal Justice Committee (Draft)

Interests

Meeting date: 24 September 2025

Audrey Nicoll

Thank you. That is noted.

Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

I will bring in Rona Mackay in a second, but, first, I will completely change the line of questioning.

We have heard a lot about the different ways in which drugs and substances are coming into prisons. Currently, one of the main ways is through the use of drones. Can either the cabinet secretary or the minister update the committee about communication with the UK Government on extending the no-fly zone regulations for prisons that are in place in England and Wales? As I understand it, some work has been going on to look at how those can be extended to Scotland.

Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

The remand prisoner population comes up a lot in committee. We know that access to support and recovery activities for the remand population is reduced compared to that for the convicted population. At the moment, a significant proportion of the prison population is made up of remand prisoners. Do you have any update, cabinet secretary, on how that is being managed?

Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

We will finish the evidence session with a question about stigma. The minister spoke earlier about the national mission on drug deaths. Within that, there has been a lot of work done with regard to the national collaborative’s charter of rights for people affected by substance use. During our evidence sessions, we have heard about the issue of stigma. In the context of the prison environment, stigma and judgment, by prison officers and staff, have come up as barriers. We know that that happens, and there is a lot of work on-going to address that.

I want to ask the minister for an update on the work on the charter of rights, which was featured heavily during the recent Scottish Drugs Forum national conference. To add to that, we have taken evidence from family members who have raised concerns about the lack of accessible information, both for them and for their loved ones in prison. Again, it is about the issue of rights and us respecting rights. What update can the minister provide on that?

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 24 September 2025

Audrey Nicoll

Thank you very much, cabinet secretary. We know that the consultation is under way and I think that I am right in saying that it closes around 10 October. Can I ask you for a wee bit more detail on the consultation process? Specifically, who are all the stakeholders who are being consulted?

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 24 September 2025

Audrey Nicoll

Thank you very much to the cabinet secretary and her officials. That brings the public part of our meeting to a close.

Next week, we will again hear from the cabinet secretary, this time on a package of legislative consent memos for the UK Crime and Policing Bill.

12:20 Meeting continued in private until 12:54.  

Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

I will first bring in the minister to respond, and then you can come back in, Fulton.

Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

I am aware that we are coming up to time, but I would like to give everybody a chance to come in with their questions. If the panel is willing to bear with us, we will stretch the meeting by another five to 10 minutes.

11:30  

Criminal Justice Committee (Draft)

Substance Misuse in Prisons

Meeting date: 24 September 2025

Audrey Nicoll

Thank you very much for that answer. I realise that we have slightly overrun, so I will bring the evidence session to a close. Thank you all very much indeed—this has been an informative session. We will have a suspension for five minutes to allow the minister and her officials to leave.

11:46 Meeting suspended.  

11:54 On resuming—