Summary

  • MSPs pass the Management of Offenders (Scotland) Bill

  • When enacted, the legislation will extend the use of electronic tagging, introducing an 'unlawfully at large' offence

  • An amendment calling for mandatory FAIs when a murder is committed by someone in breach of a curfew order is rejected

  • The government hope increasing the use of electronic tags will reduce reoffending

  • Scroll down the page for reports from the final debate on the bill

  1. Minister speaks against amendments aiming to create an offence for tag removalpublished at 15:58 British Summer Time 25 June 2019

    We move to Group 4: Persons subject to Part 1 monitoring: consequences of breach or deemed breach of disposal or condition.

    Justice Secretary Humza Yousaf says his amendment removes the power of arrest over breach of the licence of electronic tagging.

    A constable arresting an individual only on suspicion could not return that person to prison and this power of arrest is unnecessary, he points out.

    Justice Secretary Humza YousafImage source, bbc
    Image caption,

    Justice Secretary Humza Yousaf

    Mr Yousaf says Police Scotland have expressed concerns about this power of arrest.

    He says amendments relating to creating an offence due to cutting of a tag should not be backed, as he argues they are not necessary and there would be a presumption against the maximum sentence.

    Mr Yousaf points out the amendments from Liam Kerr and Daniel Johnstone would both provide no defence to someone who had their tag removed against their will or by accident.

    He also speaks against Margaret Mitchell's amendment.

    Here's a wee reminder of how to check these amendments:

  2. Background: Police watchdog calls for new home curfew breach lawpublished at 15:54 British Summer Time 25 June 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 PaisleyImage

    Last October we reported that there were calls for 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 would accept all of the reports' recommendations and will consider creating a new criminal offence.

    Read more here.

  3. Labour amendments call for things to be put in place ahead of releasepublished at 15:46 British Summer Time 25 June 2019

    Labour MSP Daniel Johnson says there is a need to improve information sharing between agencies, a recommendation that emerged after the tragic death of Craig McClelland.

    Mr Johnson says his amendments seek to change the circumstances that contribute to reoffending.

    His amendment 128 would ensure a duty on Scottish Ministers to take steps to ensure that a person subject to a curfew condition, while amendment 2 relates to things that must be in place before a prisoner is released.

    Mr Johnson gets the backing of the Tories for his amendments.

  4. Amendments on co-operation between public bodiespublished at 15:41 British Summer Time 25 June 2019

    Humza Yousaf

    Humza Yousaf's next amendment seeks to remove the section of the bill titled 'Duty to share information before releasing a prisoner on licence'.

    He explains this is because it is unnecessary and creates practical challenges, and instead his own separate amendment proposes an alternative approach to information sharing.

    I believe this amendment retains the intention but addresses problems with the section he is proposing is removed, he says.

    Regarding Daniel Johnson's amendment 2 in this group, he says he is not convinced it is required as it would duplicate existing duties around homelessness and those leaving prison.

    He also speaks against a second amendment in the group from Mr Johnson, 128, explaining that work or volunteering opportunities may not always be available so it should not be mandatory.

  5. Tory MSP again does not move a raft of amendments, after one votepublished at 15:27 British Summer Time 25 June 2019

    Justice Secretary Humza Yousaf asks if Liam Kerr has had discussions with Social Work Scotland.

    Mr Yousaf warns against predetermining information that has a bearing on risk.

    He says he has an amendment that would improve cooperation and the sharing of information, whilst retaining flexibility for the Scottish Courts and Tribunal Service.

    That's why the minister calls on Liam Kerr to withdraw his amendment.

    Presiding Officer Ken MacintoshImage source, bbc
    Image caption,

    Presiding Officer Ken Macintosh smiles after Liam Kerr does not move a raft of amendments

    That's not going to happen, as he has the backing of Labour, so Mr Kerr presses his amendment.

    He explains he was quoting Social Work Scotland.

    MSPs reject Liam Kerr's amendment with 44 MSPs backing it, but with 69 against.

    Again Mr Kerr agrees not to move a raft of similar amendments.

  6. Amendment will ensure social workers given relevant info says Tory MSPpublished at 15:22 British Summer Time 25 June 2019

    Mr Kerr

    Mr Kerr says his next amendment is a re-submission of one he put forward at stage 2.

    It deals with summaries of court evidence and he warns victims are being put unnecessarily at risk because information is not being shared with social work services.

    I seek to ensure social workers have as much information as possible before undertaken risk assessments, he explains.

  7. Background: Law change targets electronic tag breachespublished at 15:19 British Summer Time 25 June 2019

    TagImage source, SPL

    In March we reported police were be given new powers to enforce curfews for offenders who are electronically monitored.

    Ministers also planned tougher sanctions for prisoners who breach the terms of their release under the tagging scheme.

    It followed the case of Craig McClelland who was murdered by an offender who had cut off his electronic tag.

    The change, if passed in the Management of Offenders Bill, would give police new powers of search and entry to apprehend offenders who breach a home detention curfew (HDC).

    Read more.

  8. Tory MSP will not move further amendments following initial defeatpublished at 15:13 British Summer Time 25 June 2019

    Mr Kerr's amendment to the amendment is not agreed, with 26 votes for and 84 votes against.

    The cabinet secretary's amendment is agreed with 85 backing it and 27 against.

    Mr Kerr says it is clear that only his party is behind the amendments, which all refer to the same argument about inserting "offender".

    The Tory MSP says his party's view is on the record and he opts not to press further amendments in this group to ensure more time for the rest of the debate.

  9. Postpublished at 15:09 British Summer Time 25 June 2019

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  10. Other opposition parties back governmentpublished at 15:08 British Summer Time 25 June 2019

    Labour MSP Daniel Johnson backs the Scottish government, agreeing that people should be referred to as people.

    Lib Dem MSP Liam McArthur and Green MSP John Finnie also back the government for the same reasons.

    The amendment goes to a division and therefore there will be a five minute suspension to allow MSPs to arrive in the chamber.

  11. Minister and Tory MSP clash over term 'offender'published at 15:03 British Summer Time 25 June 2019

    Humza YousafImage source, bbc
    Image caption,

    Justice Secretary Humza Yousaf

    Justice Secretary Humza Yousaf begins with the group on terminology and he says there is no need to give any label to someone getting an electronic tag.

    His amendment would insert "making a person subject to a disposal listed in section 3(2), a court may additionally require the person" into the bill.

    Mr Yousaf asks MSPs to reject Liam Kerr's amendment which aims to put "offender" back into the bill.

    Tory MSP Liam KerrImage source, bbc

    The Tory MSP says the parliament cannot have failed to see the public outcry about this issue.

    "If we are referring to offenders we should call them offenders," Mr Kerr argues.

  12. Lib Dem calls for the minister to drop the national P1 testingpublished at 14:53 British Summer Time 25 June 2019

    Lib Dem MSP Tavish ScottImage source, bbc
    Image caption,

    Lib Dem MSP Tavish Scott

    Lib Dem MSP Tavish Scott says the reality parents and children are facing is unspent Pupil Equity Funds, more teacher vacancies and bureaucracy.

    Mr Scott reiterates his party's calls for the minister to drop the national P1 testing.

    Mr Swinney explains he listened to the expert view on the value of the assessments.

  13. What accountability is there for headteachers?published at 14:50 British Summer Time 25 June 2019

    Green MSP Alison Johnstone

    Green MSP Alison Johnstone says the intention to devolve powers to schools is to empower headteachers but it is unclear what accountability mechanisms are in place.

    Mr Swinney says headteachers are senior employees of local authorities which will remain a line of accountability.

    They are also accountable to teachers, parents and communities he adds.

  14. Postpublished at 14:48 British Summer Time 25 June 2019

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  15. Background: Flagship Scottish education bill shelvedpublished at 14:46 British Summer Time 25 June 2019

    ClassImage source, Getty Images

    This time last year the Scottish government shelved its flagship Education Bill after claiming key reforms can be introduced more quickly without changing the law.

    Nicola Sturgeon previously said the bill would be the most radical change to how schools are run since devolution.

    But it faced opposition from teaching unions and some opposition parties.

    Some of the proposals will now be introduced through an agreement with councils instead.

    Education Secretary John Swinney said the bill could still be introduced if "sufficient progress" is not made over the following 12 months.

    Read more here.

  16. Will the minister now address the real issues facing Scottish education?published at 14:44 British Summer Time 25 June 2019

    Labour MSP Iain GrayImage source, bbc
    Image caption,

    Labour MSP Iain Gray

    Labour MSP Iain Gray says we've known for a year what today's statement would say, as there was no support for his flagship Education Bill.

    Mr Gray says he knew Mr Swinney would put the legislation out of its misery today.

    He asks, having spent a year creating an empowerment diagram, will Mr Swinney now address the real issues facing Scottish education.

    Mr Swinney says he is doing just that by adopting the empowered schools reforms.

    The education secretary points out local authority education budgets have been rising for four years in a row, with teacher numbers rising since 2010.

  17. 'No hard facts' that reforms working says Tory MSPpublished at 14:41 British Summer Time 25 June 2019

    Tory MSP Liz Smith

    Tory MSP Liz Smith says "there are no hard facts whatsoever" to suggest any of the conclusions made by Mr Swinney.

    What evidence is there to prove that standards are improving across the board, she asks.

    She also asks whether headteachers can have true autonomy due to moves to six-column structures for subject choices.

    Mr Swinney says the headteachers' charter would only have been enacted after the legislation was in place and he also points to comments made by the chief inspectorate of education.

    Data demonstrated attainment is improving and the attainment gap is closing, he insists.

    On the last point, the education secretary says the government is encouraging collaboration which for some schools means working together.

  18. 'The Scottish government will not introduce an Education Bill'published at 14:35 British Summer Time 25 June 2019
    Breaking

    Mr SwinneyImage source, bbc

    Mr Swinney says the government will bring together all available evidence on the empowerment of schools.

    He adds real progress has been made and empowerment is becoming increasingly evident.

    The education secretary accepts these are the early efforts to change the culture of education in Scotland.

    He says he feels enough progress is being made on empowerment.

    "I am able to confirm the Scottish government will not introduce an Education Bill."

  19. Local authorities have embraced principle of empowermentpublished at 14:34 British Summer Time 25 June 2019

    An interim review of the regional improvement collaboratives recognised early progress, Mr Swinney states.

    A further review will be commissioned later this year, he adds.

    The education secretary says the government is working with local authorities to enhance support offered to education practitioners.

    The types of empowered practice I expected to see are now becoming more common, Mr Swinney tells the chamber.

    Local authorities are taking positive steps to embrace the principle of empowerment, he adds.