Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2014 (SSI 2014/26)
Members will recall that we first considered this instrument last week when we agreed to write to the Scottish Government and Association of Visiting Committees for their views on the lack of transitional arrangements on this instrument as highlighted by the Delegated Powers and Law Reform Committee. We also asked for their comments on similar concerns regarding the proposed draft Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014, which we considered late last year. These responses have been received and are provided in paper 3.
Do members have any comments on the responses received?
I draw the committee’s attention to the final paragraph of the Association of Visiting Committees’ submission, which says:
“we would question yet again, the appropriateness of leaving it to the Scottish Prison Service to lead on drafting legislation in relation to VCs when SPS is the very body that VCs are established to monitor.”
If that is the case, it would be good to have confirmation of it, and it would be a matter of some concern for the committee.
If the cabinet secretary wishes to, he can write to advise us of his responses to your concerns and those of Neil Powrie, the chair of the AVC—I think it is the cabinet secretary who would do that.
The issue is sufficiently serious because the AVC is the body that is being looked at.
I hear you. I can write to the cabinet secretary formally—it will be important to get a response.
There is another thing that I would ask you to include, convener. The AVC submission also says:
“In relation to the completion of an Annual report, we regard it as essential that the legal requirement remains in place for this to be undertaken by the Aberdeen and Peterhead VCs”.
However, the Government does not appear to intend to do that.
Right. We will raise that as well. We will refer to those two paragraphs and ask for the Government’s comments. That is not a problem.
Can we also ask about the transitional arrangements? When one body moves in and the other one just stops, what will happen to those people who are involved with cases?
The cabinet secretary has said that the cases are concluded. Annex A of paper 3 states:
“there is no need for any saving and transitional requirements for this statutory instrument to allow the Visiting Committees to complete their investigations, as SPS have confirmed with the relevant visiting committees that at the time of their abolition there were no on-going investigations.”
It is on page 10 of the papers.
Yes. It is in the papers.
With that agreed, we will move into private session.
12:16 Meeting continued in private until 12:40.Previous
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