Summary

  • The petitions committee takes evidence on home management for interstitial lung disease

  • Extensive coverage of FMQs from noon

  • An SNP MSP celebrates Kilmarnock FC's 150th anniversary

  • MSPs debate the Management of Offenders (Scotland) Bill at stage 1

  1. That's all from Holyrood Live!published at 17:15 Greenwich Mean Time 7 February 2019

    John Swinney was standing in for Nicola Sturgeon at first minister's questionsImage source, bbc
    Image caption,

    John Swinney was standing in for Nicola Sturgeon at first minister's questions

    That's all from Holyrood Live - we'll return after recess on Tuesday 19 February.

    Deputy First Minister John Swinney defended plans that could see motorists taxed for parking at work amid claims that it will "fleece" workers for hundreds of pounds a year.

    Proposals for a workplace parking levy were included in last week's budget agreement between the SNP and Greens.

    Deputy First Minister John Swinney told MSPs that it would be up to individual councils whether to introduce it.

    Scottish Conservative deputy leader Jackson Carlaw said a £400 annual charge "would be equivalent to increasing the basic rate of tax paid by a worker on the real living wage from 20p in the pound to 30p in the pound".

    Mr Carlaw questioned why the government had promised in its budget agreement that the levy would not apply to NHS workers - but there was no mention of teachers, police officers or other public sector workers.

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  2. Here's what else happened at FMQs...published at 17:13 Greenwich Mean Time 7 February 2019

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  3. Minister 'listened very carefully' to views of MSPs to improve billpublished at 17:00 Greenwich Mean Time 7 February 2019

    Justice Secretary Humza Yousaf says is it clear MSPs want to see this bill go further and therefore he has listened very carefully and will look to take on their ideas as much as he can.

    We have the highest prison population per 1,000 in Western Europe, he admits, not something he is proud of.

    "Short sentences do not work," he adds.

    The minister explains this bill will enhance how individuals who have committed a crime are monitored in the community.

    Justice Secretary Humza YousafImage source, bbc
    Image caption,

    Justice Secretary Humza Yousaf

    He tells the chamber his officials have had discussions with Scottish Women's Aid on issues around domestic abuse and electronic tagging.

    Mr Yousaf says he will look at bringing forward an amendment referring to pre-conviction bail and electronic tagging.

    He reemphasises the point that there have been key changes about the risk assessment for home release curfews.

    The justice secretary pledges to provide more detail on this going forward.

  4. Zero-tolerance on breaches requires swift action and response says Tory MSPpublished at 16:53 Greenwich Mean Time 7 February 2019

    Tory MSP Gordon Lindhurst
    Image caption,

    Tory MSP Gordon Lindhurst

    Tory MSP Gordon Lindhurst says confidence in the parole board process has been eroded by recent cases.

    Zero-tolerance on breaches requires swift action and response, he says.

    One question which must be addressed going forward is why cutting off a tag is not considered an automatic offence, Mr Lindhurst adds.

    He insists we must think about the message sent to victims and their families if breaches of orders of any kind occur without consequence.

    The Tory MSP also wonders what support provisions are available for vulnerable prisoners at parole board meetings and requests a meeting with the justice secretary on this.

  5. Labour MSP argues this is a bill that needs to be improvedpublished at 16:43 Greenwich Mean Time 7 February 2019

    Labour MSP Daniel JohnsonImage source, bbc
    Image caption,

    Labour MSP Daniel Johnson

    Labour MSP Daniel Johnson says it is hard not to acknowledge the shadow of the tragic murder of Craig McClelland that has been cast over this debate.

    Mr Johnson adds that the question of an independent inquiry into Mr McClelland's death remains.

    He says 20% of our prison population is on remand and he argues we need to ask why that is happening.

    The Labour MSP thinks this is a missed opportunity to look at electronic tagging as a way to tackle this.

    Mr Johnson concludes arguing this is a bill that needs to be improved.

  6. Could electronic monitoring be used as alternative to remand asks Lib Dem MSPpublished at 16:29 Greenwich Mean Time 7 February 2019

    Lib Dem MSP Liam McArthur
    Image caption,

    Lib Dem MSP Liam McArthur

    Lib Dem MSP Liam McArthur says we must be careful in managing expectations when it comes to what electronic monitoring means.

    Importantly, we must ensure other support is available to people released from prison rather than relying on just monitoring, he adds.

    Breaches must carry consequences the Lib Dem MSP insists.

    Mr McArthur says he would be keen to explore using electronic monitoring as an alternative to remand.

    Briefly on disclosure, he says he hopes for an end to the tickbox about convictions on application forms.

  7. Postpublished at 16:27 Greenwich Mean Time 7 February 2019

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  8. Background: Police watchdog calls for new home curfew breach lawpublished at 16:24 Greenwich Mean Time 7 February 2019

    James Wright (left) and Craig McClelland (right)Image source, Facebook/Police Scotland
    Image caption,

    James Wright (left) murdered Craig McClelland in an attack in Paisley

    A new law should be introduced to prosecute offenders who breach their curfew, after a father-of-three was murdered in a random street attack.

    The police watchdog made the recommendation after examining the murder of Craig McClelland in Paisley.

    His killer, James Wright, breached his home release curfew five months earlier and was "unlawfully at large".

    A report also called for stricter guidelines on the eligibility of offenders for home detention curfew.

    Justice Secretary Humza Yousaf told MSPs he will accept all of the reports' recommendations and will consider creating a new criminal offence.

    Read more here.

  9. Greens to endorse general principles of the legislationpublished at 16:18 Greenwich Mean Time 7 February 2019

    Green MSP John FinnieImage source, bbc
    Image caption,

    Green MSP John Finnie

    Green MSP John Finnie says his party will endorse the general principles of the legislation and he welcomes the direction of travel.

    Mr Finnie calls for a criminal justice social worker for every trial and for significant resources to be made available.

    He criticises the private model, praising progressive countries like Norway and Sweden for their public approach.

    We must not have a risk averse public sector as that would be "throw away the key", he says.

    Mr Finnie wants to see a situation where people leave custody without stigma, although he understands concerns around domestic abuse.

  10. Background: Reoffending rates fall in Scotlandpublished at 16:09 Greenwich Mean Time 7 February 2019

    Prison

    Almost a third of offenders sentenced to community payback orders (CPOs) went on to commit a further crime, official figures have shown.

    However, the statistics also showed the reconviction rate of 30.8% in 2015/16 was down from 32.9% in 2014/15.

    The report by Scotland's Chief Statistician, external said overall reconviction rates had fallen, continuing the trend over the past decade.

    The rate of reconvictions has fallen by 22% since 2006/07 to a 19-year low.

    Read more here.

  11. 'Dereliction of duty' to allow people to leave prison without housing or healthcarepublished at 16:00 Greenwich Mean Time 7 February 2019

    Mr Johnson says we cannot allow people the leave prison without knowing where they will live or how they will access healthcare.

    To do so would be a dereliction of duty, he says.

    Scottish Labour will support the bill at stage 1 but that support is not unequivocal.

    This bill requires further scrutiny to ensure the recommendations from the HDC reports are upheld, he concludes.

  12. Breaching conditions should be treated as if 'someone has gone over the wall'published at 15:51 Greenwich Mean Time 7 February 2019

    Mr JohnsonImage source, bbc

    Mr Johnson argues there needs to be a robust reporting regime in the use of the measures and offences committed by those subject to them.

    The Labour MSP says there is a responsibility on all of us following the tragic circumstance of Craig McClelland's death that the legislation is robust.

    It is extremely disappointing that this bill does little to look at the underlying causes of reoffending, he says.

    Mr Johnson insists that breaching the conditions should be treated as if "someone has gone over the wall".

  13. Background: Former chief inspector asks 'what next for Scotland's jails?'published at 15:44 Greenwich Mean Time 7 February 2019

    David Strang
    Image caption,

    David Strang stood last May after five years as HM Chief Inspector of Prisons for Scotland

    The former prisons' inspector called for greater emphasis on developing offenders' potential for good rather than focusing on their past wrongs before stepping down last year.

    In a valedictory address David Strang said the purpose of the criminal justice system is to reduce the number of victims of crime by preventing offending.

    And he asked if imprisonment contributes to crime reduction.

    Scotland has one of the highest rates of imprisonment in Europe and Mr Strang, a former chief constable of Lothian and Borders, said during his inspections he had seen too many people jailed for short terms whose incarceration was more likely to result in further victims of crime.

    Read more here.

  14. Labour MSP 'unconvinced' that changes or new offence will deal with breaches sufficientlypublished at 15:36 Greenwich Mean Time 7 February 2019

    Labour MSP Daniel Johnson says the expansion of electronic monitoring has the potential to improve community justice.

    Real benefits can be gained by transitioning individuals back into society with monitoring, he says.

    But public protection must trump all other factors which feed into who will be given this option, the Labour MSP insists.

    Labour MSP Daniel Johnson
    Image caption,

    Labour MSP Daniel Johnson

    We failed to consider properly what happens to those who breach their curfews until too late, he says.

    He adds it became clear that those who make these decisions do not have access to all the information necessary.

    I am unconvinced that the changes, or the new offence to be proposed, will be sufficient Mr Johnson tells the chamber.

  15. Electronic tagging requires robust assessment tool insists Tory MSPpublished at 15:28 Greenwich Mean Time 7 February 2019

    Mr Kerr insists there must be a robust and trusted assessment tool before we increase electronic tagging.

    The Tory MSP says he does not understand why public protection is not paramount in the bill.

    He tells the minister that the support of the Tories relies on getting electronic tagging right and ensuring public protection.

    If, during parliamentary scrutiny, it looks like the opposite is happening his party will vote against it, warns Mr Kerr.

  16. Public protection must be starting point for this bill insists Tory MSPpublished at 15:24 Greenwich Mean Time 7 February 2019

    Turning to the disclosure elements of the bill, Mr Kerr accepts getting a job can often be one of the best routes out of offending behaviour.

    It is right that it only applies to the basic disclosure scheme, he says.

    But he notes "with concern" possible changes to the higher disclosure scheme mentioned by the cabinet secretary and warns against any downgrade to this.

    Mr Kerr

    On electronic monitoring, the Tory justice spokesperson says his party can only support the bill at stage 1 because it sees opportunities to improve the bill at stages 2 and 3.

    Protecting public safety must be the starting point for this bill, but we are being asked to pass it without knowing what other provisions will be in place regarding people who committed violent offences Mr Kerr says.

    He calls for these amendments to be brought forward at stage 2.

  17. Background: Use of electronic tags to be extendedpublished at 15:16 Greenwich Mean Time 7 February 2019

    Electronic tag

    The use of electronic tagging on criminals could be extended under proposals put forward by the Scottish government, external.

    The Management of Offenders Bill would see new GPS monitoring technology used for the first time.

    Electronic tags are currently only used to ensure offenders stay within their own home for certain periods of time.

    But the new technology could be used to also ensure the tagged person does not enter specific locations.

    Read more here.

  18. Tories to vote for general principles of bill but with serious caveatspublished at 15:15 Greenwich Mean Time 7 February 2019

    Tory MSP Liam KerrImage source, bbc
    Image caption,

    Tory MSP Liam Kerr

    Tory MSP Liam Kerr begins by saying his party will vote for the general principles of the bill, but with serious caveats.

    Mr Kerr explains last year he joined the Stewart family's calls for Michelle's law, which would give greater victim input to temporary release.

    The family of Michelle Stewart, 17, who was stabbed to death by her ex-boyfriend John Wilson in 2008, launched a campaign calling for more input from families of victims in approving temporary release.

    He says the third part of this legislation is missed opportunity in terms of including victims in parole release decisions.

    Michelle Stewart was 17 when she was stabbed to death by her ex-boyfriendImage source, COLLECT
    Image caption,

    Michelle Stewart was 17 when she was stabbed to death by her ex-boyfriend

  19. Breaches must be responded to quickly says Justice Committeepublished at 15:12 Greenwich Mean Time 7 February 2019

    Monitoring and evaluation are important, says the Justice Committee convener.

    The committee recommended that monitoring arrangements must be agreed to and put in place in advance of HDC, she highlights.

    Ms Mitchell says any breaches of orders must be investigated and responded to quickly.

    This is particularly important when it comes to exclusion zones designed to protect victims of domestic abuse and sexual offences, she insists.

    She also says that people cannot be released under the electronic monitoring without any further support - this is just "setting them up to fail" she warns.