MSPs vote to treat prisoner release Bill as emergency legislation

MSPs have voted to treat a Bill which would grant early release to hundreds of prisoners as emergency legislation.

It means the Prisoners (Early Release) (Scotland) Bill, part of SNP ministers’ plans to ease crowding in prisons, can become law more quickly.

Under the plans, between 260 and 390 prisoners could be released by early February in three tranches over six weeks.

The Bill would change the automatic release point for sentences of four years or less from 50% to 40% of their term.

Prisoners who have been convicted of sexual or domestic violence offences will not be allowed early release under the plans.

Emergency Bills can pass through the three-stage process in the Scottish Parliament in one day before going to the Royal Assent phase, though the Government said it would allow time for scrutiny on both Thursday and Tuesday.

Parliamentary Business Minister Jamie Hepburn said that without action the prisoner population would reach a “critical level” in 2025.

He said: “Progressing this Bill under the emergency procedure is necessary because of the urgency of the situation and proportionate to the scale of the challenge we face.”

Scottish Conservative Justice spokesman Liam Kerr said his party opposed the move, saying the Government had already released a number of prisoners over the summer in a “panicked” response to the issue – with some going on to reoffend and return to jail.

Mr Kerr said: “What is clear is that the Government has no coherent strategy to address the prison population.

“Instead it seeks something – anything – that that will keep criminals out of prison, whether or not it will actually impact on numbers other than the short term and whether or not it is safe.”

Labour’s Pauline McNeill said the Bill does not meet the criteria for emergency legislation while Lib Dem MSP Liam McArthur said his party had similar reservations.

Mr Hepburn’s motion passed with 67 voting in favour, 50 against and four abstentions.

Earlier, the Justice Secretary, Angela Constance, said the Scottish Government is in talks with UK ministers over the deportation of criminals to serve sentences in their home countries.

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

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

Asked on the BBC’s Good Morning Scotland programme if she has discussed the proposals for foreign nationals with UK ministers, Justice Secretary Angela 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?”

Victim Support Scotland called for changes to be made to the Bill, including a governor’s veto, an “express duty” to share information with victims/victim support organisations”, and investment in electronic tags.

Its chief executive, Kate Wallace, said: “While we acknowledge the challenges around the prison population, it is important that any changes do not place the public or victims more at risk.

“We agree that prison capacity needs to be addressed, but solutions must be realistic, sustainable, and have public safety at their heart – that is the intention behind our proposed amendments.”