The Scottish Government is in talks with UK ministers over the deportation of criminals to serve sentences in their home countries to ease prison overcrowding.

Reports earlier this year suggested Sir Keir Starmer’s Government was looking at potentially fast-tracking the return of prisoners to their home countries.

Speaking on BBC Radio Scotland on Wednesday, Justice Secretary Angela Constance said she has been in talks with her UK counterparts over the plans.

Figures show there were 629 foreign nationals in Scotland’s jails as of the beginning of October – around 7.6% of the prison population – 325 of whom had been convicted of a crime.

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The Scottish Government this week published its proposals to ease overcrowding in jails.

The Prisoners (Early Release) (Scotland) Bill would allow for up to 390 prisoners to be freed by changing the automatic release point for sentences of four years or less from 50% to 40% of their term.

Asked if she has discussed the proposals for foreign nationals with UK ministers, Ms Constance confirmed she has, but she added that the ultimate power over the immigration system – and subsequently the return of foreign prisoners – lay with the UK Government.

“This is their responsibility, no matter where the prisoner is located in the United Kingdom,” she said.

“We are actively engaging with the UK Government to identify what the opportunities are to increase the efficiency of their proposed measures in Scotland.”

The issue was raised earlier in the same programme by Scottish Conservative leader Russell Findlay.

“I would ask Angela Constance what she’s done about identifying that cohort and speaking to their countries of origin and seeing if there’s any way these individuals can be returned there to serve their sentences,” he said.

“Where’s the serious thinking being done about what other options are available?

“Instead of, yet again, arbitrarily opening the prison gates and releasing people who shouldn’t be released because they’re dangerous.”

The Bill will go before MSPs on Wednesday who will vote on treating it as emergency legislation, allowing its passage to be expedited.

The Scottish Government – which estimates the legislation could cost up to £3.6 million to implement – has said the release of those covered by the Bill currently in prison could begin in February, taking place in three tranches over six weeks.

Ms Constance said there are some levers of justice the Government does not directly control, such as the sentences handed out to criminals by the judiciary.

But she added: “The prison population has continued to rise and it is projected to reach critical levels again and I will continue to take the action that we need to address that now, but also in the longer term.”