Management of Offenders (Scotland) Act 2019 (Implementation)

– in the Scottish Parliament at on 19 February 2020.

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Photo of James Kelly James Kelly Labour

5. To ask the Scottish Government what progress has been made on implementing the provisions in the Management of Offenders (Scotland) Act 2019. (S5O-04133)

Photo of Humza Yousaf Humza Yousaf Scottish National Party

The 2019 act covers four distinct topics: electronic monitoring, disclosure, the Parole Board for Scotland and the control of release from prison, including the use of home detention curfew.

To date, there have been three sets of commencement regulations that have brought in different aspects of the act. In October 2019, initial commencement regulations brought into force a number of provisions in relation to home detention curfew and prisons, including those that provided for the new offence of remaining unlawfully at large, improved powers of recall from HDC and the duty on public authorities to co-operate in relation to early release from prison.

In December 2019, commencement regulations brought into force a number of provisions in relation to disclosure ahead of wider commencement of the substantive provisions later this year. In the same month, we also commenced section 44 of the 2019 act in respect of periods of appointment of the chairperson and members of the Parole Board.

Photo of James Kelly James Kelly Labour

It is a matter of real concern that no date has been set for the implementation of provisions in part 2 of the 2019 act on spent convictions. A case has been drawn to my attention involving an individual who was convicted and fined £400 in December 2015. Under the new law, that conviction would have been spent in 12 months and the record withdrawn from disclosure. However, last month the individual concerned had a job offer withdrawn because a record of the conviction was still on their disclosure. That is unacceptable.

Why has there been a dereliction of duty in that area? What is the point of Parliament passing laws when, six months down the line, no action has been taken to introduce that aspect of the 2019 act?

Photo of Humza Yousaf Humza Yousaf Scottish National Party

I express sympathy with James Kelly’s constituent. Mr Kelly will understand that the Scottish Government’s intention is to have a fairer system of disclosure. That is why we introduced the

Management of Offenders (Scotland) Bill, which I am pleased was supported by Labour.

I take exception to the way in which Mr Kelly framed the question. There has not been a dereliction of duty. We sometimes take time to commence provisions because, for a variety of reasons, it can take partners time to be ready. When it comes to disclosure, some work needs to be done in relation to Disclosure Scotland’s information technology systems. The work to update Disclosure Scotland’s IT systems is progressing well, and we are confident that it will be completed in the next few months. [

Interruption

.]

Mr Kelly shouts, “Six months,” from a sedentary position. If he has ever been involved in projects to update IT, he will know that they can take some time.

Photo of Humza Yousaf Humza Yousaf Scottish National Party

We are working on the basis that the new IT systems will be up and running and ready to commence operation in the next few months. There is no delay, dithering or dereliction of duty. We are talking about pragmatic, practical things that have to be worked through.

However, the policy intention is absolutely sound, and I can give Mr Kelly an absolute guarantee that there would be no reason for us to want to delay. We want the relevant provisions to be implemented, but it would be a dereliction of duty if I allowed that to happen when Disclosure Scotland’s IT systems were not ready to cope with those changes.

I will continue to make sure that Mr Kelly is kept up to date with progress, and I give him a reassurance that there has been no unnecessary delay in introducing the measures in question.

The Deputy Presiding Officer:

I ask for shorter questions and answers so that we can get in the other members who have questions.