Justice Secretary Humza Yousaf says in the light of Craig McClelland's murder, a decision was taken to create the offence of unlawfully at large.

Mr Yousaf says the bill provides clarity on how electronic monitoring can be used and empowers minister to make regulations about the types of devices which can be used, for example GPS monitoring.

We will use electronic monitoring in a proportionate way to reduce reoffending, he tells the chamber.

The bill also deals with disclosure of offences to ensure people are able to move on with their lives after a crime, the cabinet secretary adds.

"This is not about hard or soft justice, but about smart justice."

Image source, bbc

MSPs debate the Management of Offenders (Scotland) Bill, external for the final time.

Onto the final amendment, Tory MSP Liam Kerr seeks to ensure the bill does take effect until the proportions of community payback order completions are increased.

Daniel Johnson says this is a wrecking amendment and adds this bill is simply to allow new technology to be deployed.

He warns the amendment would lead to significant delays to this new technology being used.

Humza Yousaf suggests electronic tagging will be a tool to increase completion rates.

The amendment is defeated.

Tory MSP Margaret Mitchell speaks to her amendment on restriction of liberty orders (RLOs).

She explains it seeks to ensure location restrictions can be imposed in domestic abuse cases and prevent offenders from causing further distress.

SNP MSP Fulton Macgregor says the court can already specify places under RLOs, an argument which the justice secretary echoes.

Ms Mitchell says in reality procurator fiscals are handed case notes and may not be possession of all the facts, including areas that should be specified in exclusion zones.

The amendment is not agreed (27 votes for, 87 against).

Image source, bbc

Mr Bibby says be in no doubt this is a matter of principle and he also believes any change in the law should be backdated to include Craig McClleland's case.

He says to those against his amendment he argues, "this tragedy is a case study in why they are wrong".

It would be a disgrace if this amendment was to be defeated today, he warns.

MSPs reject Liam Kerr's amendment with 50 MSPs backing it but with 63 against.

Mr Bibby's amendment is also rejected with 50 MSPs backing it and with 62 against .

Image source, bbc

Justice Secretary Humza Yousaf explains he remains sympathetic to this call but says the government cannot back Mr Bibby's amendment.

Mr Yousaf says we have to take great care on this issue, saying further mandatory FAIs would fetter the Lord Advocate.

He explains where the circumstances justify it, as in the case of Craig McCllelland, the Crown can instruct a mandatory FAI.

The justice secretary says the Lord Advocate is considering Craig McClleland's case at present.

He asks Mr Bibby and Mr Kerr not to move their amendments and if they do he asks MSPs to reject them.

Green MSP John Finnie says this is a debate about whether the Lord Advocate's discretion is sufficient to address public concerns.

He agrees an FAI should take place on the death of Craig McClelland but he does not agree FAI's should be mandatory in all cases.

Mr Finnie questions why the amendment is limited to murder specifically and not, for example, culpable homicide.

Lib Dem MSP Liam McArthur says the FAI system at present is encountering too many delays and therefore his party will support the amendment.

Image source, FACEBOOK/POLICE SCOTLAND

According to the Daily Record on the 5 June 2019, the dad of murdered Paisley student Craig McClelland claims Renfrewshire MSPs have ignored his plea for support.

Its report says:

"Furious Michael McClelland, 51, says Derek Mackay, Tom Arthur and George Adam failed to acknowledge his letter and petition demanding a change in the law and proper inquiry into his sons death.

"Innocent father-of-three Craig, 31, was stabbed to death by blade fiend James Wright, who was unlawfully at large after removing his electronic tag.

"Craig McClelland was stabbed to death in an unprovoked attack.

"Michael hand delivered a petition of more than 5,000 signatures and a letter to each calling for their backing for a change in the law."

Read more of the Daily Record report here., external

Image source, bbc

Labour MSP Neil Bibby says the murder of Craig McClelland should not have happened nor should it have been allowed to happen.

Mr Bibby says there should be a full independent inquiry into his murder.

He is talking to his amendments in Group 12, which would mean a mandatory FAI where a person subject to a curfew condition commits murder.

Over 5,000 people have signed a petition to see independent inquiries are mandatory when someone subject to a curfew condition commits a murder.

Tory MSP Liam Kerr moves his amendment in the group.

The cabinet secretary says the approach of setting out a risk assessment in a protocol to be laid before parliament should provide assurance.

The creation of one risk assessment tool for the different types of release is not appropriate he says.

We also must guard against any risk assessment that would impact on judicial independence he adds.

Mr Yousaf also highlights a draft error in Mr Johnson's amendment as it would only apply after a curfew decision had been made.

Mr Kerr's amendment is defeated and Mr Johnson does not move his.

Tory MSP Liam Kerr begins by saying decisions on electronic monitoring must be taken with robust risk assessments.

Mr Kerr explains his amendment only requires the government to have that robust risk assessment tool.

The Tory MSP commends his amendment to the chamber and backs Daniel Johnson's amendment.

Mr Johnson also calls for a robust system of risk assessment to be put in law.

Labour MSP Daniel Johnson says a test against which parole is considered ought to be published.

Lib Dem MSP Liam McArthur suggests this amendment cuts across the independence of the parole board and therefore he cannot support it.

Mr Johnson replies that the parole board would still be in charge of creating the test so its independence remains in tact.

MSPs back the amendments with 107 votes for and 5 against.

Tory MSP Gordon Lindhurst explains his amendment is to ensure people attending parole board hearings are able to understand matters being discussed and support is given to vulnerable prisoners.

The justice secretary warns this amendment would see a small part of the parole board procedure be impacted by primary legislation while the rest would be reflected in secondary legislation.

However he confirms a revision of parole board rules will be made at a later stage and he offers to meet with Mr Lindhurst in advance of that.

He explains his own amendment in the group is to ensure the impact of parole board decisions on prisoner's families are considered.

Mr Lindhurst's amendment is not agreed with 64 votes against and 49 for, while the minister's is agree unanimously.

Mr Yousaf speaks to his amendments in Group 8, relating to the control of release of prisoners on licence.

He explains his amendment would mean a prisoner only becomes eligible for a Home Detention Curfew (HDC) after a quarter of their sentence.

Tory MSP Margaret Mitchell says she is pleased the cabinet secretary has lodged these amendments that state the assessment of risk will be consulted on, so she'll be backing it.

Image source, bbc

Daniel Johnson also gives his backing to amendment 127 but expresses concerns about Mr Yousaf's amendment 124.

The Labour MSP worries about the power ministers would have to change the threshold for HDC.

Green MSP John Finnie says his party will support both amendments, so they are going to be agreed to.

Here's the all important:

• Marshalled list of amendments, external
• Groupings of amendments, external

Image source, bbc

Labour MSP Daniel Johnson moves us on to his amendment about the independence of the Parole Board of Scotland, which he says is important.

The minister agrees that parole board members do a very difficult job, which must be free of political interference.

However he thinks the bill already goes far enough to establish the independence of the parole board and warns against potential damaging unintended consequences.

Mr Johnson acquiesces to that request.

Mr Yousaf welcomes Mr Macdonald's interest in improving fines and their enforcement, and for representing his constituent.

The justice secretary accepts Mr Macdonald is trying to crack a hard nut, but says his amendment is not the best way to do this.

He says there is no justification for creating a new offence for something that can already be dealt with in a court.

Mr Macdonald welcomes commitments from the cabinet secretary and does not press his amendment.

Labour MSP Lewis Macdonald raises the case of a constituent whose fence was damaged when a person was trying to escape arrest.

A fine of £400 was handed out, but three years on from the damage £385 remains outstanding he says.

The member explains this is due to a difficulty with enforcing fines.

My purpose is to ensure such cases can be revisited to ensure courts can obtain new information about income, he explains, though he accept regulations might be a better place for this.

The minister's amendment, removing the power of arrest over cutting a tag, is agreed to with 68 MSPs backing it and 45 against.

Mr Kerr's amendment is not agreed to, nor is Margaret Mitchell's amendment.

Labour MSP Daniel Johnson again refers to the tragic death of Craig McClelland.

Mr Johnson says when someone tampers with how we restrict their liberty it should be a serious offence.

Mr Yousaf points out James Wright, who murdered Craig McClelland, would have been arrested by the new law he is bringing in.

Mr Johnson welcomes that law but says we shouldn't wait if someone cuts of a tag for an offence to have occurred.

Tory MSP Liam Kerr says at the bill stands, an offender can cut off a tag without it being a criminal offence.

"There should be an immediate power of arrest and this amendment would provide that," he argues.

Mr Kerr insists removing a tag must be treated as firmly as breaching a prison wall.

Tory MSP Margaret Mitchell explains her amendment will ensure that relevant bodies are contacted as soon as possible when there is a suspected breach.

She insists this would provide extra protection to victims of domestic abuse.