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 1604 contributions
Criminal Justice Committee
Meeting date: 24 May 2023
Pauline McNeill
Good morning. I am trying to take this all in; I will ask a few questions. I have always been a strong believer in devolution, so I am always concerned if the UK Government attempts to undermine devolution in any way or to act without the Scottish Government’s consent. Will you say more about the UK Government’s rationale in this case?
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
I am happy to give way to the cabinet secretary.
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
Would the effect of amendments 68 and 69 be to revert to the original law?
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
In other words, the effect would be to isolate the Friday. The committee report spoke to the Friday being the problem. That is the effect of your amendments.
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
Jamie Greene and Russell Findlay have raised some pertinent questions about the sentencing of short-term prisoners. My understanding is that short-term prisoners are those serving four years or less. I am still not too clear about what Russell Findlay’s amendment would do, so it would be useful to hear about that when he sums up. However, my reading of it is that it would require that short-term prisoners could be released on licence only if recommended by the Parole Board. Would that change the current arrangements so that every short-term prisoner would need to be released on licence, meaning that, if they offended, they would go straight back to prison? That is what it means to be on licence, is it not?
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
I am trying to understand that. Do you regard that as quite a big change to the system?
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
However, it would go through the Parole Board.
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
That is helpful.
Everyone seems to be content that the Government should have emergency powers. However, I make a plea for clarity and for it to be easy to read the provisions and know what the power is about. It is about risk to life and, ordinarily, there will be regulations—it is about future proofing.
I do not know what the cabinet secretary’s position is on amendment 90, but, as I said, I am sympathetic to it. My only concern is that I do not know whether it is proportionate to say that, in every case, the period should be 180 days. It is important that we get section 8 right, so I make a plea that the Government give consideration to that if amendment 90 is agreed to.
On a point that Jamie Greene made, in the scenarios that we are talking about, I do not see why the bill cannot include a requirement to notify victims. That would be in line with a principle that we all believe in, but it seems to be missing from the bill.
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
It is helpful. The Government might therefore want to consider ensuring that it is clear in the bill that risk to life is the basis for such decisions. You could understand why ministers would want the power if there was risk to life, but I do not think that the bill contains those terms.
Criminal Justice Committee
Meeting date: 17 May 2023
Pauline McNeill
Yes. I thought that I would raise these matters now to give you a chance to address them in summing up.
I have a similar concern in that sentencing policy is a massive area, and I want to be sure what we would be setting up for if we were to vote for the amendment. The automatic release of short-term prisoners halfway through their sentence is an on-going topical issue. I welcome the fact that it has been brought to the committee, but, as we did not take any evidence on it, we need to be clear—I take Jamie Greene’s point and I will let him intervene in a moment—that, if we agree to the proposal because we think that it is right in principle, it will be for the system to resource it properly.