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Agenda item 5 is for the committee to consider the delegated powers provisions in the Prisoners (Control of Release) (Scotland) Bill as amended at stage 2. The committee’s conclusions will form the basis of a report from the committee ahead of today’s stage 3 debate. The committee should therefore agree its conclusions at this meeting.
Members will have seen that the Scottish Government has provided a supplementary delegated powers memorandum, and members will have seen the briefing paper for the committee.
As you will recall, at stage 1 of the bill the committee was particularly concerned about the fact that transitional, transitory and saving provisions may have been required in a commencement order subject to no procedure under the bill, as the use of such provisions could have a potentially significant effect on certain persons affected by the bill, such as long-term prisoners. At stage 2, the ability to make transitional, transitory and saving provision was removed from the bill; instead, the saving provision required in relation to the automatic early release of certain prisoners has been put on the face of the bill.
The commencement provisions also introduce a limited delegated power in section 3(4) beyond the power to commence sections 1 and 2 of the bill by order in the usual way. The new section 3(4) of the bill allows the commencement order to amend section 1(1A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
New section 1(1A) is inserted by section 1(2) of the bill to provide the saving provision that defines which long-term prisoners the new early release rules do and do not apply to. The new rules apply only in the cases of prisoners serving sentences imposed on or after the day that section 1 of the bill comes into force. Accordingly, once a commencement order has been made, anyone reading the amended version of section 1(1A) will be able to see immediately whether the new or old early release rules apply to a prisoner sentenced on a particular day. The commencement order would be laid before Parliament but not subject to further procedure.
Is the committee content with the commencement powers in section 3, as amended at stage 2, and that a commencement order would be laid before Parliament but not subject to further procedure?
Members indicated agreement.
Does the committee agree to welcome the amendments made to sections 1 and 3 of the bill, as they have taken account of the committee’s recommendation at stage 1 to enhance parliamentary scrutiny of the provisions?
Members indicated agreement.
With that, I move the meeting into private for item 6.
11:39 Meeting continued in private until 11:59.