The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1459 contributions
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
I understand the point, but there is not a savings account with money sitting in it. Of course, the figures for the savings that have been made over a number of years are accurate, and that speaks to the fact that one of the outcomes of the reforms is the financial sustainability of services as well as improved outcomes. It is important that we remember the improved outcomes and deliverables from Police Scotland and the Scottish Fire and Rescue Service, both of which are exemplars with regard to reform.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
It is the recovery money—the recover, renew and transform programme funds. I understand the arguments, and we are giving due consideration to the request for that budget to be baselined.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
In broad terms, tackling the climate emergency is a priority for the Government as a whole, as has been set out and articulated by the First Minister. Justice is part of that priority in the same way as other portfolios. We will all be expected to make a contribution.
Following on from our discussion about HMP Glasgow, I should say that the new HMP Highland will have zero direct emissions, and no fossil fuels will be burned in the running of the new HMP Glasgow, because it will all be electric. Net zero ambitions are particularly important when it comes to building public facilities. That was certainly a feature when the new HMP Stirling was built. The Scottish Futures Trust also has net zero in its public buildings standards. Such endeavours are sometimes mocked and, at times, they may well add to the cost of building public buildings. However, there is an important expectation for the justice portfolio and elsewhere to consider sustainability in public services.
Our agencies are also expected to do that. Last year, the Scottish Courts and Tribunals Service published its “Sustainability Strategy 2024-2027”. The Scottish Fire and Rescue Service has been working on plans to build a new community resilience hub in Skye, which will be carbon neutral. Police Scotland is held to account by the SPA, which has key environmental targets, notably in relation to reducing carbon emissions. The SPA also produces an annual report on sustainability.
There is a lot of information available, but I will be happy to follow up with further detail if the convener wishes me to do so.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
The SSI will not change the process for obtaining a GRC. The chair of the panel, like Scottish Trans, is supportive of the SSI. If, based on the wider risk assessment, the police had concerns about someone who had applied for a GRC, they could write to the gender recognition panel, which is a UK tribunal. There are certain considerations that the panel has to assess in terms of legal requirements and issues that are germane to the individual.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
In due course, I will take a moment to address the point that the DPLR Committee raised.
We propose to use existing legislative powers to amend legislation in order to align arrangements for the removal of foreign national offenders from prison with other release legislation in Scotland.
The Management of Offenders (Scotland) Act 2019 and the Prisoners (Early Release) (Scotland) Act 2025 (Consequential Modifications) Regulations 2026 is the first of two instruments relating to early removal of foreign national offenders. I announced our intention to introduce them during a statement on the prison population on 2 October.
On the DPLR Committee’s reflections, I agree that using consequential powers in an act to create a subordinate legislation-making power is “unusual”, and that, ordinarily, it would not be desirable. However, on this occasion, we have done so because it is one of the various measures that we are taking forward to help alleviate the prison population issue.
The purpose of the instrument that the committee is considering today is to facilitate the earlier removal from prison of prisoners who are liable for removal from the United Kingdom on immigration grounds or who have the settled intention of residing permanently outside of the United Kingdom once removed from prison.
The instrument will align the provisions that are being amended with other aspects of release legislation in Scotland, and it will help to enable the earlier removal of those prisoners, which, in turn, might help to mitigate the high prison population.
If approved by Parliament, the instrument will change the release point from which early removal arrangements work, in order to align it with the automatic early release point for short-term prisoners, as changed by the Prisoners (Early Release) (Scotland) Act 2025, which amended section 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. The period in which early removal is possible will be calculated from the applicable automatic release point for short-term prisoners, which was amended earlier this year, rather than the previous automatic early release point, which was when 50 per cent of a sentence had been served.
If approved, the instrument will also add to the existing order-making power that is contained in the provisions to allow Scottish ministers to change, by order, the minimum period of sentence that must be served before a prisoner can be removed from prison for removal from the UK.
It is planned that, under that order-making power, a separate instrument will be laid in January. That instrument will propose an amendment to the number of days prior to the prisoner’s automatic release point within which the prisoner can be removed. If the instrument is approved, it will also change the minimum period of sentence that has to be served before a prisoner can be removed from prison for removal from the United Kingdom.
The second order will align the release provisions with recent changes that were approved by this Parliament to home detention curfew, which is not available to prisoners who are liable for removal from the UK. The minimum amount of a sentence that will have to be served will be 15 per cent, rather than one quarter, and the number of days would change from 180 to 210. These changes would provide a greater and earlier timeframe for removal from prison for the purpose of removal from the country.
I hope that the committee is content to approve the instrument, which helps to provide greater cohesion with regard to sentence management arrangements as they apply to short-term prisoners. It might also help to mitigate the high prison population, albeit in a limited way.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
That will depend on their offence. There are exclusions—
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
It is the automatic early release point that is relevant to the individual prisoner, which relates to their offence or existing statutory exclusions. If the automatic release point is 50 per cent or 40 per cent, we are not changing that—that legislation has been passed.
I will perhaps ask officials to put this into plain English, but if, for example, someone is due to be released at 40 per cent of their short-term sentence, we will be able to release them earlier, back to their own country. Is that right?
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
Is that in plain English enough?
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
There has to be an assessment process, in the same way that assessment processes underlie the vast majority of decisions in the justice system. I do not know whether David Doris can add to that on an operational level.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
Thank you for the invitation to take part in the committee’s pre-budget scrutiny process and for the opportunity to make a few brief opening remarks.
Before we look ahead to 2026-27, I will reflect on the justice budget position that was reached this year. We are investing almost £4.2 billion across the portfolio, which is an additional £194 million in comparison with last year. That recognises the fundamental importance of the justice system in supporting safe, thriving and inclusive communities and its role in supporting the First Minister’s priorities. That investment is supporting vital front-line justice services, providing support for victims and witnesses and tackling the underlying drivers of offending.
In looking ahead to next year’s budget, we recognise that the current fiscal and economic environment poses considerable challenges to Scotland’s public finances and that those are forecast to continue into the future. We expect to hear more about that from the Chancellor of the Exchequer when she announces the United Kingdom budget later today.
I restate my commitment to securing the best possible budget settlement for the justice portfolio, where we have a good track record to build on. Crime, including violent crime, has fallen under this Government, with recorded crime down by 39 per cent since 2006-07, which means that there are now thousands fewer victims every year in Scotland than there were in 2006-07. However, I recognise that the demands on the justice system continue to increase and I know that the committee has heard some stark statistics while taking evidence in recent weeks.
Alongside that, the Scottish Fire and Rescue Service is experiencing a shift in demand due to climate-related incidents, wildfires and a number of emerging risks. The justice organisations are all considering how best to deal with those additional operational demands in a challenging financial environment. I recognise the need to continue supporting that system to reform and innovate, putting it into a more sustainable position and making it more able to deal with new and increasing demands while continuing to deliver high-quality public services.
As I said, Scotland’s justice system has a strong track record of reform and innovation, including reform of the police and fire services. I will continue to support our public services and will invest across the justice system in 2026-27 to prevent crime, reduce reoffending and create safer communities with fewer victims of crime. I will continue focusing on ensuring that victims and witnesses are at the heart of our justice system.
I will, of course, work on delivering the justice vision, the First Minister’s priorities and the priorities that are set out in the programme for government, including supporting our front-line organisations to keep people safe. We will continue investing in the prison estate, progressing the next phase of HMP Glasgow and with HMP Highland on track for completion next year.
We will invest in community justice to continue to expand the use of community interventions, and we will continue to invest in third sector organisations to support and bolster social work services to work with other partners. We will support initiatives that target prevention—the key there is to reduce demand. As I said earlier, we will continue to support victims and witnesses of crime.
I will continue to work with our public bodies and my Cabinet colleagues to ensure that we maximise the benefits of our investment, while also supporting on-going reforms and transformation to deliver a more effective and efficient justice system.
I am happy to answer questions.