Bill to release short-term prisoners early passes at Holyrood

The legislation was proposed to reduce the pressure on Scotland’s ailing prison service, which is currently struggling with overcrowding, but will not allow the early release of those convicted of sexual or domestic violence offences.

The Bill was passed by 67 votes to 54 at stage three on Tuesday after MSPs voted to treat it as emergency legislation, allowing the second and third stages to be passed in a single day.

As of November 22, the prison population was 8,277, compared with an operative capacity of 8,007.

Amendments from opposition parties which would have given prison governors a veto on those who were being released as well as enforcing a community payback order on those released fell.

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An amendment from the Scottish Government aimed at ensuring the legislation covered prisoners transferred to Scotland and another forcing the Scottish Government to publish a report on the effectiveness of the Bill passed.

The Bill also includes the power for ministers to change the early release point again in future through regulation – which can only be voted on in Holyrood rather than amended – despite attempts on Tuesday by opposition MSPs to amend the provision.

Justice Secretary Angela Constance said previously the release of those impacted immediately by the changes will take place in February and would happen over three tranches within a six-week period.

Speaking in favour of the Bill, Ms Constance said: “Provisions within this Bill allow for the prison population to be reduced at pace and for this reduction to be maintained, but I have recognised that this legislation alone cannot solve the complex issue of why we have one of the highest prison populations in western Europe.

“What it does is create vital space within our prison system now, which will be maintained.

The Prisoners (Early Release) (Scotland) Bill is expected to see the release of between 260 and 390 prisoners (Image: PA)

“This will allow for the medium-term measures, such as enhanced processes for releasing home detention curfew and ongoing work to encourage more widespread use of alternatives to remand.”

The Justice Secretary added: “We cannot ignore or tolerate the position we are currently in due to the high and complex population.”

But Scottish Tory justice spokesman Liam Kerr hit out at the Bill, claiming it may “threaten victims’ personal safety, jeopardise public safety, fail to deal with rehabilitation and reintegration, load pressure and cost on to councils, the third sector and all justice organisations, while costing the taxpayer a huge amount of money”.

He added: “The Government wants to suggest this is about relieving a prison system bursting at the seams, but really it is about the SNP’s failure over 17 years to develop a proper holistic strategy around the justice ecosystem, to build new prisons or get the staffing and resourcing right in those that we have.”

Mr Kerr went on to criticise the lack of a “sunset clause” in the Bill which would bring its provisions to an end at a specified point in time.

Labour’s Pauline McNeill said the passing of the Bill was a “sad day for criminal justice” now that prisoners on short-term sentences would be released after serving only two fifths of the sentence imposed.

While she accepted high prisoner numbers had led to a “crisis” in Scotland’s jails, she said the legislation had “no governor’s veto to provide a safeguard”.

She branded the Bill a “short-term fix for current problems” adding that “we do not know for how long the crisis will last, but the policy will remain”.

Ms McNeill also voiced concerns about the legislation giving powers to ministers which could “potentially radically change” the release system for longer-term prisoners, serving sentences of more than four years.

The MSP insisted “much closer scrutiny” should have been applied before such changes were made.

“I don’t accept this is the way we should do legislation in this Parliament,” Ms McNeill added.

Liberal Democrat justice spokesperson Liam McArthur also spoke out against this, saying it would reduce the future role Holyrood would have in scrutinising such changes.

“That for me, for the Scottish Liberal Democrats is a step too far,” he said.

However Green MSP Maggie Chapman argued that reducing prisoner numbers would allow staff in jails more time to work with offenders to reduce reoffending rates.

She told MSPs: “If we are serious about rehabilitation, we must make space and time for it to happen.

“That requires staff, and that requires space and I believe that requires this Bill.”