Summary

  • MSPs pass bills on fuel poverty and organ donation, scroll down the page for details

  • Holyrood passed the Human Tissue (Authorisation) (Scotland) Bill with 116 MSPs voting for it, three voting against and two abstentions

  • MSPs unanimously pass the Fuel Poverty (Targets, Definition and Strategy) (Scotland) Bill

  • Justice Secretary Humza Yousaf discusses the presumption against prison sentences of under a year

  • Education Secretary John Swinney makes a statement on P1 testing

  1. Background: Last week's evidence sessionpublished at 10:36 British Summer Time 11 June 2019

    Committee

    Last week the Justice Committee heard from:

    WitnessesImage source, bbc

    And then from:

    Click here and refresh the page for our reports on what they had to say.

    Or watch again here., external

  2. Clash over Prof Tata evidencepublished at 10:33 British Summer Time 11 June 2019

    Mr Yousaf asks if Liam Kerr is denying the fact that all the research shows community sentences are more effective than prison sentences.

    Mr Kerr replies that he is only reflecting back what Prof Tata told this committee, that there was shockingly poor data.

    Ms Mitchell says she thinks Prof Tata said people on short term sentences have no access to rehabilitation services and as a result resources are being directed towards these people and a huge amount can be done.

    Mr Yousaf insists prison can't do everything and community sentences are better in terms of rehabilitation.

  3. Background: Community payback not a 'soft option'published at 10:30 British Summer Time 11 June 2019

    ChapImage source, bbc

    James Younger has spent a total of 600 hours on community payback orders.

    He is now training to be a mentor who helps others understand the value of unpaid work schemes.

    "I feel as if I had a lightbulb moment," he said. "So my outlook is now completely different.

    "I am on a development worker programme which will help me share my life experience with other boys and help them to move on and do the right thing in theirs."

    James said community pay back orders are not a "soft-option".

    Read more.

  4. 1,300 people estimated to receive community sentences instead of jail termspublished at 10:25 British Summer Time 11 June 2019

    Tory MSP Liam Kerr
    Image caption,

    Tory MSP Liam Kerr

    Tory MSP Liam Kerr highlights the comments made by UK Justice Secretary David Gauke were about avoiding problems in Scotland with CPOs.

    He asks about the number of criminals expected to go into the CPO system instead of into prisons.

    Mr Yousaf says judges will ultimately have the decision to make about sentences, because this is only a presumption.

    Less than a third of people do not complete CPOs he accepts, adding the government will do more to lower this.

    Peter Conlong says there is a limit to how much can be extrapolated from the presumption against three month sentences, but he estimates there will be a 7.5% increase in community sentences.

    This equates to 1,300 people, he adds.

  5. What about the danger of 'up-tariffing'?published at 10:22 British Summer Time 11 June 2019

    Labour MSP Daniel Johnson
    Image caption,

    Labour MSP Daniel Johnson

    Labour MSP Daniel Johnson says since 2003 there has been approximately a halving of sentences up to three months being handed up.

    However sentences over one year to two years have doubled and he asks if sheriffs are "up-tariffing".

    Mr Yousaf accepts this is an important point, but says choosing to extend to 12 months for the presumption is to prevent "up-tarrifing".

  6. Justice secretary certain presumption is part of 19-year low in reconvictionspublished at 10:18 British Summer Time 11 June 2019

    Ms Mitchell asks if the minister is saying the presumption has achieved the 19-year low in reconviction rates.

    The justice secretary replies he is sure it has been part of it.

    Mr Yousaf accepts the 19-year low is not solely due to the presumption but is part of a broader package of reform.

    He points out the UK government has often lauded Scotland on this issue and adds Tory leadership candidate and former UK prisons minister Rory Stewart has been vocal on this.

  7. Where is the evidence that the presumption against short sentences works?published at 10:15 British Summer Time 11 June 2019

    Committee convener Margaret Mitchell
    Image caption,

    Committee convener Margaret Mitchell

    Committee convener Margaret Mitchell queries the evidence on the impact on the current presumption against three month sentences.

    Mr Yousaf replies there are several unequivocal studies backing the presumption and adds "the evidence is absolutely overwhelming for this progressive reform".

    Ms Mitchell says it seems fair, given the evidence the committee has heard, to say the presumption has not had a significant impact.

    She cites evidence from Prof Tata last week questioning the assertions backing the presumption.

    The justice secretary replies it would be incredible if you could find evidence that short sentences are not better for rehabilitation than CPOs.

  8. Background: Plans to restrict 12-month prison sentences publishedpublished at 10:12 British Summer Time 11 June 2019

    Chap in cuffsImage source, Getty Images

    Proposals to restrict the use of short prison sentences have been published by the Scottish government.

    If passed by MSPs at Holyrood, it will oblige courts to explain why custodial terms of less than a year were given.

    Ministers say the current presumption against sentences of three months or less has helped achieve a 19-year low in re-conviction rates.

    That is despite research published earlier this month suggesting the change has had little effect.

    Read more.

  9. Minister argues community sentences are not 'soft touch justice'published at 10:08 British Summer Time 11 June 2019

    Mr Yousaf

    Mr Yousaf says people released from short custodial sentences of 12 months or under are reconvicted almost twice as often as people who have received a community payback order (CPO).

    The minister argues community sentences are not '"soft touch justice".

    He reminds us that Scotland has the highest imprisonment rate in Western Europe – with 150 per 100,000 of the population incarcerated.

    "We need to have community sentences that sentencers, offenders, communities and victims can have confidence in," he adds.

    Mr Yousaf cites an additional £9.5m per year on community justice services compared to four years ago.

  10. Postpublished at 10:05 British Summer Time 11 June 2019

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  11. 'The presumption is not a ban'published at 10:03 British Summer Time 11 June 2019

    Panel

    Justice Secretary Humza Yousaf begins his opening statement saying the government is seeking to extend the presumption now that additional safeguards to protect victims in the Domestic Abuse Act are in force.

    Mr Yousaf stresses: "The presumption is not a ban."

    He tells the committee the judiciary will continue to be able to impose a custodial sentence under 12 months where alternatives are not appropriate.

    However he says the evidence that short periods of imprisonment do not work is clear.

  12. Presumption against short sentences evidence sessionpublished at 10:01 British Summer Time 11 June 2019

    Community Payback

    MSPs are now taking evidence on the Presumption Against Short Periods of Imprisonment (Scotland) Order 2019 [draft], external from:

    • Justice Secretary Humza Yousaf
    • David Doris from the Scottish government
    • Peter Conlong from the Scottish government
    • Isobel Joiner from the Scottish government

    Currently the presumption is against jail terms of less than three months.

    The Scottish government is proposing to increase this to sentences of less than one year.

    The committee papers are here., external

  13. The Justice Committee is next............published at 09:55 British Summer Time 11 June 2019

    The Justice Committee begins shortly.

    MSPs will take evidence on the Presumption Against Short Periods of Imprisonment (Scotland) Order 2019 [draft], external from:

    • Justice Secretary Humza Yousaf
    • David Doris from the Scottish government
    • Peter Conlong from the Scottish government
    • Isobel Joiner from the Scottish government
    JailImage source, Getty Images

    The committee will then continue to consider secure care for children and young people in Scotland, taking evidence from:

    • Kirsten Hogg from Barnardo's Scotland
    • Deborah Nolan from the Centre for Youth and Criminal Justice
    • Karen Dyball from Glasgow City Health and Social Care Partnership

    The committee papers are here., external

  14. Join us tomorrow from 2.40pm for the emissions statement.....published at 09:50 British Summer Time 11 June 2019

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  15. Welcome to Holyrood Live!published at 12:25 British Summer Time 10 June 2019

    Women in handcuffs, pupil with hand in the air, human tissue carrier, women next to heaterImage source, Getty Images
    Image caption,

    MSPs will consider the presumption against short sentences, P1 testing, fuel poverty and organ transplantation on a busy day at Holyrood

    Here's what Holyrood Live are covering on Tuesday 11 June 2019:

    • 10am: Justice Committee – Humza Yousaf gives evidence on the order to extend the presumption against short sentences to 12 months or less
    • 2.05pm: Topical Questions: MSPs ask about Scotland's fisheries interests around Rockall and broadband during topical questions
    • 2.20pm: Update on P1 Standardised Assessments Ministerial Statement
    • 2.50pm: Fuel Poverty (Target, Definition and Strategy) (Scotland) Bill Stage 3 Debate
    • 3.50pm: Human Tissue (Authorisation) (Scotland) Bill Stage 3 Proceedings
    • 5.05pm: The Way of St Andrews – Member’s Debate