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Seòmar agus comataidhean

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 2 November 2025
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Displaying 3743 contributions

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Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

The result of the division is: For 4, Against 3, Abstentions 0.

Motion agreed to,

That the Criminal Justice Committee recommends that the Early Release of Prisoners (Scotland) Regulations 2025 [draft] be approved.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

Our next item of business is consideration of the motion to approve the affirmative SSI on which we have just taken oral evidence. I invite the cabinet secretary to move motion S6M-19222, which is in her name, and to make any brief additional comments that she wishes to make.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

Are members content to delegate responsibility to me and the clerks to approve a short factual report to the Parliament on the affirmative instrument?

Members indicated agreement.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

That will be published shortly. We will have another short suspension to allow for a changeover of witnesses.

10:58 Meeting suspended.  

11:02 On resuming—  

Criminal Justice Committee (Draft)

Prostitution (Offences and Support) (Scotland) Bill

Meeting date: 29 October 2025

Audrey Nicoll

I will bring in Jo Phoenix, as I think that she wants to respond—I ask you to be brief, Jo.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

I am conscious of the time, so I will open up questions to committee members.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

Thank you for that. My second question touches on orders of lifelong restriction, about which the committee has been in correspondence with you in the past. Indeed, your letter of 2 October indicates that you note that the individuals serving an order of lifelong restriction are excluded from the early release scheme, as you set out earlier. We are aware that, as of April this year, 277 people were serving OLRs, with 224 being past the punishment part but only 14 having been released.

Given recent commentary from the Scottish Human Rights Commission and Lady Poole’s recent judgment highlighting the importance of access to rehabilitation, can you provide a response or some reassurance that all those who are on an OLR continue to present a risk to the public or are assessed as continuing to present a risk to the public and that no individuals are being held back just by virtue of the delays that we are experiencing across the prison estate?

09:45  

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

I am conscious of the time, but a number of members are still waiting to come in. In the interests of having robust questioning, I propose to let the session overrun slightly, but I ask for succinct responses.

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

Emergency release—in particular, the release process that we are discussing today—places significant additional pressures on local services. Cabinet secretary, in your opening statement, you alluded to the additional pressures that it places on local authorities, health services and the third sector. Obviously, they will be familiar with previous emergency release processes. However, are you able to reassure us that local services will be supported to manage the next lot of releases, should the proposed provisions be agreed to today? If those services require additional resource or assistance, will that be forthcoming?

Criminal Justice Committee (Draft)

Subordinate Legislation

Meeting date: 29 October 2025

Audrey Nicoll

There will be a division.

For

Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)

Against

Dowey, Sharon (South Scotland) (Con)
Kerr, Liam (North East Scotland) (Con)
McNeill, Pauline (Glasgow) (Lab)