Angela Constance
Scottish National Party · Scotland
“Patients deserve better. There have been active campaigns by members across the chamber to represent the views of constituents in Lanarkshire, including by my colleagues Neil Gray and Fulton MacGregor. I fully appreciate the strength of feeling on the need for a new Monklands hospital.”
“Proceeding in that cost envelope would significantly limit our ability to invest in services and infrastructure across the wider NHS. I have carefully weighed the opportunity cost against our objective on improving public services. The current proposal also raises important questions about value for money.”
“For the wider system, it will reduce pressure on acute hospitals, allowing focus on those who need specialist care most. I can announce today that, as part of the programme, specifically for Lanarkshire, we will begin with a new general practitioner walk-in facility in Lanark—transforming an old shop front and a retail park in the town ce…”
“I am grateful for the opportunity to provide an update to members on NHS capital projects, specifically on the current position and next steps for the Monklands replacement project. I begin by being absolutely clear: the Government will deliver a new Monklands hospital. That commitment has not changed and it will not change.”
“During the election campaign, the Scottish National Party promised to increase use of the new refugee doctors project, which is meant to help medically trained refugees from Gaza and other places to get registered for work in the national health service.”
“Scotland welcomes refugee doctors and is committed to supporting them in overcoming barriers that prevent them from rebuilding their medical careers.”
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“Tackling sexual exploitation of children is also a key part of the work of the national child sexual abuse and exploitation strategic group, which recognises links to other forms of abuse, including child criminal exploitation. In addition, the child protection committees, through contextual safeguarding, promote practitioner support to tackle extra-familial harm. Ash Regan: The Dundee grooming gang case proves that Scotland is not immune to organised grooming gang sexual exploitation, but I agree that Police Scotland deserves real credit for bringing the perpetrators in Dundee, and in Glasgow’s beastie house case, to justice. To truly protect the vulnerable, however, we must detect the patterns of organised exploitation before the harm happens.”
“Protecting children and vulnerable adults from harm is an absolute priority for the Scottish Government. Police Scotland is already targeting those who abuse and exploit people, and is raising awareness so that victims are identified and can get support. The national human trafficking unit of Police Scotland works with national and international partners to take swift and robust action to ensure that perpetrators are identified, their activities are disrupted and they are prosecuted, be they individuals or organised crime groups. That co- operation occurs at an operational level and via forums such as the serious and organised crime task force and the Police Scotland-led multi- agency tasking and delivery board.”
“Amendment 7 disagreed to. Amendment 46 moved—[Edward Mountain]. The Presiding Officer: The question is, that amendment 46 be agreed to. Are we agreed? Members: No. The Presiding Officer: There will be a division. Members should cast their votes now. The vote is closed.”
“For Baker, Claire (Mid Scotland and Fife) (Lab) Boyack, Sarah (Lothian) (Lab) Burgess, Ariane (Highlands and Islands) (Green) Chapman, Maggie (North East Scotland) (Green) Choudhury, Foysol (Lothian) (Ind) Clark, Katy (West Scotland) (Lab) Duncan-Glancy, Pam (Glasgow) (Lab) Grant, Rhoda (Highlands and Islands) (Lab) Greer, Ross (West Scotland) (Green) Harvie, Patrick (Glasgow) (Green) Leonard, Richard (Central Scotland) (Lab) Mackay, Gillian (Central Scotland) (Green) [Proxy vote cast by Ross Greer] Marra, Michael (North East Scotland) (Lab) Mason, John (Glasgow Shettleston) (Ind) McNeill, Pauline (Glasgow) (Lab) Mochan, Carol (South Scotland) (Lab) O’Kane, Paul (West Scotland) (Lab) [Proxy vote cast by Michael Marra] Rowley, Alex (Mid Scotland and Fife) (Lab) Ruskell, Mark (Mid Scotland and Fife) (Green) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Slater, Lorna (Lothian) (Green) Sweeney, Paul (Glasgow) (Lab) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Briggs, Miles (Lothian) (Con) Brown, Siobhian (Ayr) (SNP) Burnett, Alexander (Aberdeenshire West) (Con) Carlaw, Jackson (Eastwood) (Con) Coffey, Willie (Kilmarnock and Irvine Valley) (SNP) Cole-Hamilton, Alex (Edinburgh Western) (LD) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dowey, Sharon (South Scotland) (Con) Dunbar, Jackie (Aberdeen Donside) (SNP) Eagle, Tim (Highlands and Islands) (Con) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) Findlay, Russell (West Scotland) (Con) FitzPatrick, Joe (Dundee City West) (SNP) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Gibson, Kenneth (Cunninghame North) (SNP) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Golden, Maurice (North East Scotland) (Con) Gosal, Pam (West Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greene, Jamie (West Scotland) (LD) Gulhane, Sandesh (Glasgow) (Con) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Halcro Johnston, Jamie (Highlands and Islands) (Con) Kerr, Liam (North East Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lochhead, Richard (Moray) (SNP) Lumsden, Douglas (North East Scotland) (Con) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Martin, Gillian (Aberdeenshire East) (SNP) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McCall, Roz (Mid Scotland and Fife) (Con) McKee, Ivan (Glasgow Provan) (SNP) McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Mountain, Edward (Highlands and Islands) (Con) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) Regan, Ash (Edinburgh Eastern) (Ind) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ross, Douglas (Highlands and Islands) (Con) Smith, Liz (Mid Scotland and Fife) (Con) Somerville, Shirley-Anne (Dunfermline) (SNP) Stevenson, Collette (East Kilbride) (SNP) [Proxy vote cast by Fulton MacGregor] Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sturgeon, Nicola (Glasgow Southside) (SNP) Swinney, John (Perthshire North) (SNP) Thomson, Michelle (Falkirk East) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Webber, Sue (Lothian) (Con) Wells, Annie (Glasgow) (Con) White, Tess (North East Scotland) (Con) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Yousaf, Humza (Glasgow Pollok) (SNP) The Presiding Officer: The result of the division is: For 24, Against 89, Abstentions 0.”
“On a point of order, Presiding Officer. My apologies—there was an error in the technology. It just imploded. [Laughter.] I cannot explain it. Edward Mountain: Did you vote the wrong way, Angela? Angela Constance: I certainly did not vote the wrong way, because I was unable to vote. I would have voted no. The Presiding Officer: Thank you, Ms Constance. We will record your vote.”
“The Presiding Officer: Let us not shout at one another from our seats, and let us always speak through the chair.”
“I know that Mr Kerr understands that the long- term prison population is increasing, and I know that he understands the reasons for that. That means that, collectively, we have to make different decisions in and around, for example, the release of short-term prisoners or, indeed, bolstering robust community justice alternatives. [Interruption.] I have heard Mr Kerr shout from the sidelines, “Build more prisons”. That is fine. We are building more prisons. We can, collectively, make the choice to build even more prisons, but that will come at a cost. [Interruption.] If you want to continue to build prisons that cost millions and, in some instances, billions of pounds, that will come at the expense of health, education, community justice and everything that is required to prevent crime in the first place.”
“Given the greater danger that that poses to the public and to victims, will she set out what enhanced victim notification she believes will be required in such a circumstance, what analysis is being done of the greater public risk of such a move and whether, on balance, she agrees that long-term prisoners must never be eligible for early release? Angela Constance: It is always clear to me that Liam Kerr is very articulate about what he is against but never articulates what he is for, to address the fact that Scotland, like England and Wales, is a complete outlier when it comes to our high prison population. We have a high prison population, which does not serve this country well. If we are prepared to follow the evidence, we know that community justice disposals, in many instances, work better than short-term prison sentences.”
“We have brought Upside on stream to support remand prisoners. We are utilising the estate better. I have doubled the use of home detention curfew. However, as I have always stated, our journey with any intervention that I have made over the past years is far from over, and I anticipate that the findings of the sentencing and penal policy commission will help us all with the next questions with which we have to wrestle and engage. Liam Kerr: Despite those attempts at justification, His Majesty’s chief inspector of prisons has said that early release does not “address any of the root causes” of the problems. Many have flagged that that approach simply puts the public at greater risk. The cabinet secretary indicated yesterday that she would not rule out the early release of long- term prisoners.”
“Angela Constance: No, I do not accept Liam Kerr’s claims. The 2023 act was passed to give ministers powers over early emergency release. The legislation is clear that such action needs to be proportionate and necessary to protect the health and wellbeing of those who live or work in our prisons. We are now at the stage where the increase in our prison population—not all of which has been predictable when it comes to the rapid rate of rise that we have had at certain intervals over the past two years, which the Scottish Prison Service chief executive spoke to earlier this week—leaves us no alternative, in the here and now, to emergency release. I stress that emergency measures do not equate to the wholesale population management plan. That plan is to continue to invest in community justice services now and in the future.”
“Liam Kerr: The cabinet secretary’s power to effect the early release of what will be more than 1,000 prisoners between now and April comes from the Bail and Release from Custody (Scotland) Act 2023. During its passage, the cabinet secretary told the Parliament that that power would be used only in “an emergency situation that ... could not be predicted.” She also stated that it was not to deal with “changes in circumstances within custody”—[Official Report, 21 June 2023; c 159] such as overcrowding. Does she therefore concede that the Parliament passed that legislation on the basis of false assurances, that overcrowding was entirely predictable, and that early release is now the Scottish National Party’s default response to its failure to develop a proper strategy to sort prison overcrowding?”
“Recognising that there is no single or quick solution, the Government has taken decisive action to address the rising prison population. We have expanded home detention curfew and invested an additional £25 million over two years to strengthen alternatives to custody. We have also optimised prison capacity with 400 additional spaces compared with 2024, and will further increase capacity with new facilities in Inverness and Glasgow. As the member knows, I have also laid regulations for emergency early release. However, I am clear that we need to look at further sustainable solutions, while continuing our track record of reducing crime and prioritising victims. That is why I established the sentencing and penal policy commission to guide further action. It will be for all parties to consider its recommendations.”
“I recognise that it is an operational matter, but will the cabinet secretary consider asking Police Scotland to take a zero-tolerance stance in dealing with folk who are involved in street drinking and antisocial behaviour? Angela Constance: I will certainly discuss with justice partners the best approach to take in those circumstances. I will be interested to hear more about where good practice exists and what the evidence tells us. The member will of course be aware that local authorities and Police Scotland are under a legal duty to maintain a strategy to tackle antisocial behaviour in their area. I will keep the member informed. The Deputy Presiding Officer: That concludes portfolio questions on justice and home affairs. There will be a short pause before we move to the next item of business. Illegal Immigration”
“The Scottish Government is committed to tackling all forms of antisocial behaviour and recognises that community safety is a shared endeavour. Local authorities and Police Scotland have statutory duties to develop and share antisocial behaviour strategies and local policing plans that target and address local needs. Police Scotland is receiving record funding of £1.64 billion this year. Each local authority has its own set of byelaws determining where people can drink in public places. Kevin Stewart: The issue of drinkers congregating and carrying out antisocial behaviour in city centre sites, including in Aberdeen, is becoming an ever-increasing problem.”
“By the end of this calendar year, the Scottish Prison Service will publish its suicide prevention pathway. The Deputy Presiding Officer: Question 7 has been withdrawn. I can squeeze in question 8 if I have brief questions and succinct replies. Problem Street Drinkers 8.”
“What progress has been made on boosting the mental health experts who are present in our prisons around Scotland? Angela Constance: Mr McArthur is correct to highlight and underscore that our rising prison population is the most critical operational and strategic challenge that is currently faced by our Prison Service. As recently highlighted by the Prison Governors Association, there is also a human cost to overcrowding. The member will recall the commitments that I made in response to the fatal accident inquiry recommendations and the statement that I made in Parliament in response to the deaths of Katie Allan and William Lindsay. On the overhaul of “Talk to Me”, the final report from an independent specialist, Professor Towl, will be published in October.”
“Liam McArthur: Since 2021, more than 4,000 incidents of self-harm have been reported in Scottish prisons, with more than 1,000 in the past year alone. At the same time, our prisons are operating at unsustainable levels of overcrowding, with reconviction rates remaining above pre- pandemic levels and remand numbers stubbornly high. If we are serious about reducing incarceration sustainably and avoiding the sort of emergency releases that we have had in recent months, we must ensure that prisoners have access to proper mental health support, which is vital to achieving rehabilitation and securing public safety. Will the cabinet secretary give an update on the timeframe for replacing the suicide strategy, which was supposed to be replaced back in 2023?”
“I recognise the profound impact that overcrowding is having on those living and working in our prisons. That is why I set out last week the immediate action on early release that we intend to take in response. The Scottish Prison Service and the national health service continue to prioritise prisoners experiencing heightened distress levels or thoughts of self-harm or suicide, and the SPS remains committed to meeting the mental health and wellbeing needs of those in its care. The SPS is also working at pace on the overhaul of the “Talk to Me: Prevention of Suicide in Prison Strategy”. By understanding the high risk and complex environment of a prison, that improved strategy will enhance holistic support and, ultimately, save lives.”
“Public finances remain stretched, and the chancellor’s recent spending review has taken us back to austerity. However, as always, we will do our very best for front-line services. The Deputy Presiding Officer: I have three requests for supplementary questions. I intend to get in all three, but they will need to be brief.”
“Angela Constance: Let me, as always, put on record my appreciation of Scotland’s police officers and police staff for the crucial job that they do in keeping our communities safe. I also say to Mr Marra that I am very aware of the incidents that have taken place across Dundee in recent times. On police numbers, although the deployment of police officers is a matter for the chief constable, our record funding has ensured that, since the start of 2024, Police Scotland has welcomed 1,500 new police officers to the rank and file. That is the biggest recruitment programme that Police Scotland has had since its establishment in 2013. On resource in next year’s budget, I will, of course, scrutinise that with the Scottish Police Authority, along with Police Scotland. My engagement on that matter has started.”
“There has been a series of stabbings, murders and attempted murders in the city over recent months, which have hit the headlines and are creating a climate of fear for many residents. Despite the cabinet secretary’s claims, we know that the Scottish National Party is not supporting our police officers. On the SNP’s watch, police officer numbers continue to fall—they are down 1,000 in the past decade. There are therefore 1,000 fewer officers on our streets to confiscate those offensive weapons, investigate crimes and keep us all safe. Just yesterday, the general secretary of the Scottish Police Federation warned that Police Scotland is “at a crossroads”, citing falling officer numbers and rising demands. David Kennedy said that the situation was simply “unsustainable”. He is right, is he not?”
“Although it is of little comfort to victims, recorded crime in Dundee city has continued its downward trend, reducing by 3 per cent since 2021. That includes reductions in non-sexual crimes of violence and crimes of common assault. We remain vigilant to the need to tackle any crimes of violence, which can cause devastation for families and communities. We are providing Police Scotland with increased funding of £1.64 billion this year, and we have invested £6 million in the implementation of the violence prevention framework over the past three years. This year, that includes up to £1.2 million for the Scottish Violence Reduction Unit and nearly £300,000 for the delivery of YouthLink Scotland’s No Knives, Better Lives programme. Michael Marra: The cabinet secretary is correct that that will be of little comfort to the people of Dundee.”
“Although we know that more can be done and needs to be done, the establishment of a domestic homicide and suicide review model, backed by national standards, will help to ensure that Scotland implements best practice in establishing the review system, with the aim of learning lessons, improving services and better protecting victims. I reiterate my thanks to the committees that considered the bill, to the wide range of individuals and organisations that brought significant operational, legal and academic expertise to its development and progress, and to those who have shared their lived experience of domestic abuse and those who are bereaved by it. I move, That the Parliament agrees that the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill be passed. 15:48”
“Scoping workshops with key stakeholders will be held next month, and a standards development group will shortly be established. The development group will be co-chaired by Professor John Devaney of the University of Edinburgh and Dr Edward Doyle, deputy medical director of NHS Lothian. The group will include strategic and operational expertise from health, social care, justice and the third sector. Importantly, the work will be underpinned by the experiences of families and people with lived experience. Any death in connection with domestic abuse is one too many.”
“The bill is an important part of how the gold standard will be achieved, but legislation alone will not secure that. Statutory guidance and the continued hard work and dedication of stakeholders are also needed. In particular, part 2 has highlighted the exemplar partnership working of stakeholders, which demonstrates what can be achieved by working constructively together and what more can be done. I am therefore pleased to tell Parliament that I want to go further in that work. That is why I have commissioned Healthcare Improvement Scotland to work with stakeholders to develop national standards for domestic homicide and suicide reviews in order to support the review model to meet and exceed the gold standard that victims and their bereaved families deserve.”
“Part 1 also introduces new provisions that aim to support greater modernisation and enhance effectiveness in justice processes. Those provisions will support the further roll-out of the groundbreaking digital evidence-sharing capability and Police Scotland’s use of body-worn video, which are essential technologies that are transforming the operation and delivery of justice services. Part 2 establishes a gold standard for domestic homicide and suicide reviews. Although we all wish that they were not necessary, the purpose of those reviews is to learn lessons following domestic abuse-related deaths, improve services and better protect victims. Our work to develop a national domestic homicide and suicide review model began in 2022 and has been guided since then by a multi-agency and multidisciplinary task force.”
“The bill seeks to make permanent some of the temporary provisions that were first put in place through the emergency legislation that was passed in response to the coronavirus pandemic and which were continued by the Parliament through subsequent legislation. Although those measures were introduced in the context of an emergency, they achieved much-needed modernisation and laid essential groundwork for a number of the provisions in the bill that is before the Parliament today. Most provisions in part 1 have been in place for more than five years and have become a vital part of the justice system. Where members have made recommendations for improvements, such as on virtual attendance and national jurisdiction, I am pleased to have worked with them to improve the bill.”
“I would like to put on record my appreciation for the efforts, day and daily, of those who work in the criminal justice system, and of those who work more widely to support people who are affected by what can sometimes be deeply devastating and traumatising experiences. The second part of the bill will establish a new domestic homicide and suicide review model. My gratitude goes to all those who are involved in getting us to this point today, and in particular to the members of the domestic homicide and suicide review task force and other stakeholders. Their contribution, commitment and constructive challenge in ensuring that the model will achieve its overall aims have been invaluable.”
“I thank all those who have engaged in the Criminal Justice, Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill throughout its passage. I am appreciative of the work of the Parliament and of the committees that considered the bill, particularly the members of the Criminal Justice Committee, past and present, and their clerks. I thank the bill team and my private office, as always, for their support. The bill is in two distinct parts. Part 1 provides resilience to the criminal justice sector by embedding efficiency and modernisation in procedures to make sure that our criminal justice system can meet current and future demands on it.”
“The provision has been used by courts to allow hundreds of police officers and other professional witnesses to give evidence remotely, instead of having to travel across the country to attend court in person, sometimes over several days. The time and resource that have been saved underscore the importance of that provision. Members will know that remote attendance was not a new concept brought in by the emergency coronavirus legislation in 2020, as forms of virtual attendance at court had been commonplace for decades. Ms McNeill’s amendment 58 would require an official appointed by the court to be in attendance with every person attending a trial virtually, and it is wholly unworkable in practice.”
“I start with Ms McNeill’s amendment 59, which, I am pleased to say, I can support. It appropriately addresses any concerns about how the Lord Justice General exercises their determination-making power to disapply requirements for physical attendance. It is right that the rationale for those determinations is readily available and understood. Although I understand why Ms McNeill has raised the issues at stage 2 and stage 3 that she referenced in her amendments 58 and 60, I cannot support them, as they would be a backward step and would place unnecessary burdens on the court. The bill provides for virtual attendance in criminal proceedings by making permanent the legislative underpinning that has been in place since 2020.”
“The Scottish Government and, I am sure, everybody in Parliament, is grateful for their hard work, professionalism and community spirit.”
“Will the cabinet secretary join me in expressing our gratitude not only to those who are going above and beyond in our recognised services but to our unsung heroes who are volunteering in our local communities? Angela Constance: On behalf of the Scottish Government, I extend heartfelt thanks to all local authorities, emergency services, volunteers and utility providers who have worked tirelessly to support individuals, communities and households during storm Amy. Their swift action, compassion and resilience made a profound difference, helping communities to return to normal as quickly as possible and supporting people in communities who needed it most—from restoring power in very challenging conditions to checking on vulnerable residents and ensuring public safety.”
“Those resources are continuously revised to reach a wider audience, and we will work with partners across all sectors to amplify their reach. There is also the Adaptation Scotland programme, which provides free advice for communities, households and small businesses. I encourage people who are most at risk from climate change to view the new resources on the adaptation.scot website, which can help them to plan ahead and take early action. Together, those efforts are supporting a step change in climate resilience across Scotland. Jackie Dunbar: Many services are involved in welfare checks, the provision of food and reconnecting services, often in continuing bad weather.”
“I thank everyone who has played and continues to play their part in getting services back up and running and supporting their local communities. Jackie Dunbar: At a time of ever-changing weather patterns, which can bring more storms to Scotland, what can the Scottish Government do to provide more information to folk so that they can be more resilient and ready for extreme weather events? Angela Constance: Climate change is increasing the frequency and severity of extreme weather, and it is vital that people across Scotland are supported to act both to stay safe during incidents and to build long-term resilience. The ready.scot website and social media channels offer practical advice on preparing for impacts such as travel disruption, power loss and isolation.”
“The Met Office issued two amber weather warnings—including a high-impact warning—for storm Amy, which caused power outage to more than 117,500 customers and issues across the transport network. The Scottish Government resilience room was activated at 3 pm on Friday and it worked in partnership with the front-line agencies that led on the response and recovery from storm Amy’s impacts and that provided support to all those who were affected. More than 107,600 customers had been reconnected by Monday morning, with more than 115,700 reconnected by today. Engineers are working hard to reconnect the approximately 1,800 customers who are without power, and it is expected that the vast majority of customers’ power will be restored by Wednesday evening. Communities continue to be supported with a range of welfare vans and food facilities.”
“I intend to allow around 20 minutes for questions, after which we will move on to the next item of business. I invite members who wish to ask a question to press their request-to- speak buttons.”
“I appreciate that members and the public will have legitimate concerns about my announcements. I have therefore published a briefing paper today to ensure that MSPs, victim support organisations and the wider public have the information that they need. In addition, I will invite justice spokespeople to meet me and the chief executive of the Scottish Prison Service to discuss the current situation, and I am willing to meet other members if they so wish. In light of the intensely difficult circumstances that I have outlined today, I urge Parliament to recognise the critical situation that is before us and agree to take the necessary emergency action. The Deputy Presiding Officer: The cabinet secretary will now take questions on the issues raised in her statement.”
“The commission will report by the end of 2025, which will help to inform further action as part of the longer-term strategy for establishing a sustainable prison population while ensuring that justice is served. This Government has demonstrated a clear commitment to reducing crime, prioritising victims and establishing a sustainable prison population. Recorded crime is down 39 per cent since 2006- 07, yet we continue to see a rise in the prison population. That requires immediate action to ease pressure on our prisons, and emergency release is the primary option that is available to us. As well as protecting the public, we must ensure the safety and wellbeing of prison staff and those who are in custody, and our prisons must continue to function effectively to accommodate those who pose the greatest risk of harm.”
“Although returns and deportations are reserved to the UK Government, we can, through devolved powers, put the early release scheme to greater use. One measure that I will ask Parliament to approve is to change legislation to align arrangements for the release of foreign national offenders with release legislation in Scotland. That measure will propose changing the number of days before the point of release when a prisoner can be removed from prison for removal from the UK and it will change the minimum period of sentence served before a prisoner can be removed for the same purpose. Although that will not impact on many people, I think that that action should be taken. In the slightly longer term, an independent sentencing and penal policy commission is considering how imprisonment and community- based interventions are used.”
“We will also engage victim support organisations, local authorities and other key partners in preparing for any releases. There is no single solution to achieving a sustainable prison population, just as there is no single reason for the increases. That is why we are continuing to take forward a range of measures, some of which I outlined at the start of my statement. Other steps include increasing prison estate capacity through the new prisons in Inverness and Glasgow, while we are also seeing positive indicators through an increase in the use of bail supervision and the roll-out of electronically monitored bail across the country. Shortly after the recess, I will bring forward secondary legislation to facilitate the earlier removal of prisoners who are liable for removal from the United Kingdom.”
“Therefore, in preparing the legislation, I have done my utmost to take account of the possible concerns. Those considered for early release would be limited to those serving sentences of less than four years who, on the date of their release, would be within 180 days of their original legal release date. Such releases under the scheme would also be subject to a veto, which could be applied by the governor in charge, where they considered that a prisoner posed an immediate risk of harm to an identified person or group. In support of this, I have also laid secondary legislation today for a change in prison rules to ensure that such a task can be effectively delegated should that be necessary. In addition, no one who is serving a sentence for sexual offences or domestic abuse would be released.”
“I take this opportunity to put on record my gratitude to and appreciation of those staff, who continue, day in and day out, to carry out an outstanding job in very difficult circumstances. I seek the Parliament’s approval to exercise the power under section 3C of the Prisoners and Criminal Proceedings (Scotland) Act 1993 to make regulations to enable the release of some prisoners early, if necessary and proportionate, in response to such an emergency situation. Given the level of pressure on our prisons and the upcoming fortnight-long recess, I ask that an expedited timetable be followed. Let me be clear to the Parliament: this is not an action that I propose lightly, but it is necessary, and I consider that the legal test has been met. Public safety and protecting victims and their families are paramount.”
“That means that significant parts of the population will remain in the care of the Scottish Prison Service for longer, further impacting its ability to cope with any rise in population. These considerable changes in population, as well as the increase in numbers, have led to the Scottish Prison Service, the Prison Governors Association and other interested parties making representations to me about the urgent need to reduce the current population. Today, I have laid secondary legislation to take necessary action. It is clear that we need to reduce the pressure on our prisons and on the officers, staff and wider professionals who play a vital role working in our Prison Service.”
“The Scottish Prison Service has confirmed that increases are compounded by the complexity of the population, with higher numbers of individuals involved in serious organised crime groups and the increasing numbers of individuals convicted of sexual offences. In Scotland, we have a presumption against short sentences of a year or less, and, although there is a long-term trend away from such sentences, they continue to make up a notable proportion of sentences imposed. We are also seeing a sustained higher remand population, at around 25 per cent of the overall population, with 80 per cent of those on solemn charges. In addition, the Scottish Prison Service has reported an increase of 700 long-term prisoners compared to the figure on the same date in 2020, which equates to a prison the size of HMP Addiewell.”
“It is also vital that our prisons operate safely and effectively, by both protecting the public and providing the best possible environment to support the rehabilitation of those in custody, which is fundamental if we are to reduce reoffending. The recent increases in the prison population are having a significant impact on those who live and work in our prisons. There is now a critical risk to the continued safe and effective operation of the estate, due to the pressured environment, and the Scottish Prison Service’s ability to deliver rehabilitative regimes has been severely curtailed. Those views have been echoed by His Majesty’s Chief Inspector of Prisons for Scotland.”
“Today’s population is 8,363, and we are on the cusp of having a record number of people in custody. Currently, 10 prisons are at red risk status, and 10 are at or over their assessed capacity tolerance. Prison is necessary, and it remains crucial that prisons house those who pose the greatest risk. The continuing rise in the prison population reflects, in part, the increase in convictions of those who have committed serious sexual offences and other crimes for which custody is the only appropriate response. That clearly demonstrates the important work that is undertaken by our justice bodies in effectively tackling crime and delivering justice.”
“Since I became justice secretary, I have regularly updated members on the measures that have been taken to establish a sustainable prison population during a time of significant increase in numbers. That includes maximising the capacity of the prison estate, enacting the Prisoners (Early Release) (Scotland) Act 2025 and optimising the use of home detention curfew. We have also built on our commitment to increasing the availability of community justice interventions—backed by an additional investment of £25 million—to £159 million this year. That reflects the evidence that alternatives to custody can, where appropriate, be more effective in reducing reoffending. Although those measures have been essential to ease pressure on our prisons, the population has continued to rise.”
“Amendment 177 disagreed to. The Presiding Officer: That concludes consideration of amendments for today. Parliamentary Bureau Motion 21:13”
“For Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Bibby, Neil (West Scotland) (Lab) Boyack, Sarah (Lothian) (Lab) Burgess, Ariane (Highlands and Islands) (Green) Chapman, Maggie (North East Scotland) (Green) Choudhury, Foysol (Lothian) (Lab) Clark, Katy (West Scotland) (Lab) Duncan-Glancy, Pam (Glasgow) (Lab) Greer, Ross (West Scotland) (Green) Griffin, Mark (Central Scotland) (Lab) Harvie, Patrick (Glasgow) (Green) Johnson, Daniel (Edinburgh Southern) (Lab) Lennon, Monica (Central Scotland) (Lab) Leonard, Richard (Central Scotland) (Lab) Mackay, Gillian (Central Scotland) (Green) [Proxy vote cast by Ross Greer] Mochan, Carol (South Scotland) (Lab) Rowley, Alex (Mid Scotland and Fife) (Lab) Ruskell, Mark (Mid Scotland and Fife) (Green) Russell, Davy (Hamilton, Larkhall and Stonehouse) (Lab) Slater, Lorna (Lothian) (Green) Sweeney, Paul (Glasgow) (Lab) Villalba, Mercedes (North East Scotland) (Lab) Whitfield, Martin (South Scotland) (Lab) Against Adam, George (Paisley) (SNP) Adam, Karen (Banffshire and Buchan Coast) (SNP) Adamson, Clare (Motherwell and Wishaw) (SNP) Allan, Alasdair (Na h-Eileanan an Iar) (SNP) Arthur, Tom (Renfrewshire South) (SNP) Balfour, Jeremy (Lothian) (Ind) Beattie, Colin (Midlothian North and Musselburgh) (SNP) Briggs, Miles (Lothian) (Con) Brown, Keith (Clackmannanshire and Dunblane) (SNP) Brown, Siobhian (Ayr) (SNP) Burnett, Alexander (Aberdeenshire West) (Con) Callaghan, Stephanie (Uddingston and Bellshill) (SNP) Carlaw, Jackson (Eastwood) (Con) Carson, Finlay (Galloway and West Dumfries) (Con) Cole-Hamilton, Alex (Edinburgh Western) (LD) Constance, Angela (Almond Valley) (SNP) Dey, Graeme (Angus South) (SNP) Don-Innes, Natalie (Renfrewshire North and West) (SNP) Doris, Bob (Glasgow Maryhill and Springburn) (SNP) Dornan, James (Glasgow Cathcart) (SNP) Dowey, Sharon (South Scotland) (Con) Dunbar, Jackie (Aberdeen Donside) (SNP) Eagle, Tim (Highlands and Islands) (Con) Ewing, Annabelle (Cowdenbeath) (SNP) Fairlie, Jim (Perthshire South and Kinross-shire) (SNP) Forbes, Kate (Skye, Lochaber and Badenoch) (SNP) Fraser, Murdo (Mid Scotland and Fife) (Con) Gallacher, Meghan (Central Scotland) (Con) Gilruth, Jenny (Mid Fife and Glenrothes) (SNP) Golden, Maurice (North East Scotland) (Con) Gougeon, Mairi (Angus North and Mearns) (SNP) Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP) Gray, Neil (Airdrie and Shotts) (SNP) Greene, Jamie (West Scotland) (LD) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Harper, Emma (South Scotland) (SNP) Haughey, Clare (Rutherglen) (SNP) Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP) Hyslop, Fiona (Linlithgow) (SNP) Halcro Johnston, Jamie (Highlands and Islands) (Con) Kerr, Liam (North East Scotland) (Con) Kerr, Stephen (Central Scotland) (Con) Kidd, Bill (Glasgow Anniesland) (SNP) Lochhead, Richard (Moray) (SNP) Lumsden, Douglas (North East Scotland) (Con) MacDonald, Gordon (Edinburgh Pentlands) (SNP) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Rona (Strathkelvin and Bearsden) (SNP) Macpherson, Ben (Edinburgh Northern and Leith) (SNP) Maguire, Ruth (Cunninghame South) (SNP) Mason, John (Glasgow Shettleston) (Ind) Matheson, Michael (Falkirk West) (SNP) McAllan, Màiri (Clydesdale) (SNP) McArthur, Liam (Orkney Islands) (LD) McCall, Roz (Mid Scotland and Fife) (Con) McKee, Ivan (Glasgow Provan) (SNP) McLennan, Paul (East Lothian) (SNP) McMillan, Stuart (Greenock and Inverclyde) (SNP) McNair, Marie (Clydebank and Milngavie) (SNP) Minto, Jenni (Argyll and Bute) (SNP) Mountain, Edward (Highlands and Islands) (Con) Mundell, Oliver (Dumfriesshire) (Con) Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP) Regan, Ash (Edinburgh Eastern) (Alba) Rennie, Willie (North East Fife) (LD) Robertson, Angus (Edinburgh Central) (SNP) Robison, Shona (Dundee City East) (SNP) Roddick, Emma (Highlands and Islands) (SNP) Ross, Douglas (Highlands and Islands) (Con) Simpson, Graham (Central Scotland) (Reform) Stevenson, Collette (East Kilbride) (SNP) [Proxy vote cast by Fulton MacGregor] Stewart, Alexander (Mid Scotland and Fife) (Con) Stewart, Kaukab (Glasgow Kelvin) (SNP) Stewart, Kevin (Aberdeen Central) (SNP) Sturgeon, Nicola (Glasgow Southside) (SNP) Swinney, John (Perthshire North) (SNP) Todd, Maree (Caithness, Sutherland and Ross) (SNP) Torrance, David (Kirkcaldy) (SNP) Tweed, Evelyn (Stirling) (SNP) Webber, Sue (Lothian) (Con) Wells, Annie (Glasgow) (Con) White, Tess (North East Scotland) (Con) Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP) Whittle, Brian (South Scotland) (Con) Wishart, Beatrice (Shetland Islands) (LD) Yousaf, Humza (Glasgow Pollok) (SNP) The Presiding Officer: The result of the division is: For 24, Against 86, Abstentions 0.”