Seòmar agus comataidhean

There is a significant number of foreign nationals in our prisons—the latest figure that I have is 723. However, not all of them will be eligible for the early removal scheme, given that it applies only to those serving less than four years. The figure for those in the short-term population who might be eligible—after all, there are various statutory exclusions—is around 119.

We have talked about this before, but when you get into different categories of prisoner, you are talking about a whole different process. Today is perhaps not the day to be going into extradition arrangements and country-to-country negotiations.

The power that we have is to transfer prisoners. This is stating the obvious, but I do not have the power to remove them from the UK.

I appreciate that it is always difficult for me to give precise answers when we are still waiting on the UK budget. The Scottish budget is to follow on 13 January. However, I can assure the committee that I will, at every twist and turn, advocate for the best possible deal for the justice portfolio. As I have intimated, the economic and financial situation remains exceptionally challenging. Unless things change today, we know from previous information from the UK Government that the resource budget overall for Government is set to increase by 0.5 per cent in real terms. However, once we strip out some demand-led obligations, that will equate to a real-terms cut.

Capital remains particularly challenging. The information that is currently available—as I said, it may all change—is that capital will be lowered in nominal terms in 2026-27 compared to 2025-26, which could amount to a 2.5 per cent real-terms cut. I cannot deny that we are in a challenging position. I very much hope that the overall numbers that are flowing to the Scottish Government as a whole are an improvement, but we will find out today. The Scottish Government’s position is that we need to prioritise public services, because that is in the interests of the people we serve and our communities. It is also about supporting the future and continuing that innovation journey.

On more justice-related specifics, we will continue to work with all our partners to fully understand their needs, particularly around changing demands. One example would be the number of High Court solemn cases, which has increased and is set to continue to increase. Although overall recorded crime has fallen, we see a change in the nature of crime. One example of that is cyber-related incidents.

We want to scrutinise the information, as the committee has been doing, and there will be hard choices to make. I suspect that I will be unable to give everyone everything that they are asking for, and some of the challenges are not helped by employer national insurance contributions, to give one example.

Nonetheless, in past years, we have managed to provide increases in the resource and capital budgets. For example, for the Scottish Police Authority, the resource budget increased by 4 per cent and capital by 16 per cent; and, for the Scottish Courts and Tribunals Service, the resource budget increased by 10 per cent and capital by 11 per cent. There are other such examples across the piece, so we will always do our very best.

I accept that up to a point. There are some large rural parts of England as well, and we also have some densely populated urban areas. We have a ratio of 30 full-time equivalent officers per 10,000 population; in England and Wales, the level is 24, which I think is a significant difference. I understand that our justice partners—and, indeed, politicians—will always argue for more, and I am very respectful of that.

A contract has been signed, which locks in the costs and provides a legal commitment to build the new HMP Glasgow and, of course, to pay for it. Overall, the cost is the best part of £1 billion. There is a profile of the capital cost—increased investment will be required in the forthcoming year in comparison with this year. There is a profile of spend, although that does not mean that it will not change from one year to another—that would not be unusual with large-scale construction projects. However, we are financially and legally committed to the project. I am sure that I do not need to tell anybody on the committee that there is a necessity to replace HMP Barlinnie with HMP Glasgow.

We are on the same page. The answer to that is no. Those who have committed an offence only need to notify the police of an outstanding gender recognition certificate application. Where it has not been finally determined at the relevant date, or is made after the date, or where a full GRC is obtained on or after the date, the relevant date is set out in the Sexual Offences Act 2003 and is normally the date of conviction.

There is a very persuasive case to broaden the role of firefighters. I understand that there is great interest in that from the Fire Brigades Union and the Scottish Fire and Rescue Service. We have been exploring that for some time, and I am particularly interested in it, because it makes sense. The full cost of broadening the role of firefighters is £26 million per year, so it has just been the reality that, in an environment of sometimes difficult choices, we have been unable to resource that. However, I am keen to keep the option on the books and alive. I have asked my officials to explore with the Scottish Fire and Rescue Service whether we could look at a phased approach, because it would be another step in our innovation and reform journey. We continue to look at that issue.

Yes, of course. I hope that I intimated that to Ms McNeill, particularly in relation to reserves; we can set out in more detail the work that we are doing to provide certainty where we can. That is the raison d’être of three-year resource budgets and four-year capital budgets, notwithstanding that a lot can change in that time. It is a very interesting area, and we can put on record some of the limitations with regard to additionality. It is not just a case of whether Police Scotland is able to borrow, because the money still needs to be found, and there needs to be cover for that, at which point we get into where the additionality is for public services and investment.

No. They are automatically excluded.