Seòmar agus comataidhean

It is quite a wide range.

Alison Penman, in your statement, you mentioned the bairns’ hoose approach. Could you expand on how that will help you to support offenders and victims?

I will be quick. I agree with a lot, if not all, of what Katy Clark said. First, regarding women going to the custody units, I have heard that there might be an issue relating to eligibility criteria. It would be useful to ask whether eligibility has been set too high and whether the criteria are realistic. We should definitely chase that up, as well as Katy Clark’s points about remand, data and so on.

Secondly, we have talked about young people being put in YOIs instead of secure care when there is capacity in the latter. I understand that point, and it would be useful to find out why that is happening. The situation might change when the new legislation is passed, but that really should not be happening now anyway.

Lastly, a thread runs through many of the responses, in that there are references to reviews and reports being published in spring. It might be helpful for us to have a wee table of stuff—I do not want to put more work on the clerks; the Scottish Parliament information centre might be able to produce it—so that we know what is coming, what is late and what is expected, because there are so many reviews and reports out there.

The discussion has been useful. We are now getting into the finer detail. I do not think that the committee is necessarily opposed to the principle of the measures in section 8, unless I have misunderstood. I am sure that the detail could be explored at a later stage, but I am happy to press amendment 90.

I echo what my colleague Fulton MacGregor said. I do not think that Mr Greene responded to his question about the fact that we did not hear any arguments in support of such a change during our evidence taking. I will not support amendment 70 for that and other reasons.

Will the member take an intervention?

I am struggling a wee bit with your explanation about why you object to that approach. The very nature of an emergency means that there is not time for scrutiny, and regulations need to be made incredibly quickly. I cannot see the reason for objecting to that—an emergency is an emergency. As I said, having that facility available is just a safety net. I cannot see that there is any hidden meaning behind it—what it is for is clear cut.

Thank you for that clarification. I have nothing else to add, convener.

Amendment 90 agreed to.

Amendments 12 and 13 moved—[Angela Constance]—and agreed to.

Amendments 91 and 92 moved—[Rona Mackay]—and agreed to.

Amendment 93 moved—[Jamie Greene].

The amendments that I am proposing seek to bring the emergency release provision in the bill into line with changes that were made to the comparable provision in the Coronavirus (Recovery and Reform) (Scotland) Bill at stage 3. The Coronavirus (Recovery and Reform) (Scotland) Act 2022 provides the power to release from prison early groups of prisoners who fall within a particular category specified in regulations. That must, of course, be done in response to the effect that the coronavirus is having, or is likely to have, on a prison or on prisons in general.

The power contained in the Bail and Release from Custody (Scotland) Bill is a wider and permanent power that will be used in response to the effect that an emergency situation is having on a prison or on prisons in general. It is clear that, by its nature, that power would rarely, if ever, be used, but I believe that it is an important safety net to have.

Given that the amendments that were made to the Coronavirus (Recovery and Reform) (Scotland) Bill at stage 3 were agreed to after the Bail and Release from Custody (Scotland) Bill was introduced, it is appropriate that those amendments be replicated here.

Amendment 90 seeks to limit the application of the early release powers to ensure that prisoners cannot be released any earlier than six months prior to their scheduled release date. Amendment 92 seeks to exclude people convicted under the Domestic Abuse (Protection) (Scotland) Act 2021 from the early release provision. I think that that is absolutely crucial. Finally, amendments 91 and 94 are technical amendments resulting from amendments 92 and 90.

All of those amendments reflect amendments to the comparable power in the 2022 act, and I believe that they are necessary to ensure the safety of victims and give them some piece of mind in the unlikely event that they would be needed.

I move amendment 90.

I put on record my thanks to Katy Clark for lodging amendment 37 on data for women on remand. It is a crucial issue and the data is very much needed. I am so glad that she has opened up the matter for discussion, and I am very pleased that the cabinet secretary is willing to look into the issue and bring back something at stage 3. Gathering the data is very worthwhile, and I agree with everything that Katy has said.