Nobody else wants to come in.

Russell Findlay and Jamie Greene have both made a lot of reasonable points. The letter sets out the current position around legislation, which, in the context of this discussion around pyrotechnics, has perhaps one or two gaps.

I was pleased to read that the minister, along with officials, is having

“further discussions with Police Scotland, football clubs and authorities, and other ... stakeholders, about the effectiveness of FBOs.”

The point that you made latterly, Jamie, around the course of conduct, is key. We may be able to ask about that, but it is my understanding that a course of conduct would be anticipated before an order would be placed on someone. That is a practical issue at the moment. A lifelong ban would apply if a series of incidents—a course of conduct—indicated that a person was not desisting from their behaviour but continued taking pyrotechnics into a ground.

We have noted the points that have been raised. If the committee is in agreement, we can put those further questions to the minister.

Members: indicated agreement.

We move straight to questions from members, starting with Jamie Greene.

Okay; we can come back to that.

The importance of well-planned support for people on release from prison was a theme that the Criminal Justice Committee heard about at length during our scrutiny of the bill. In my constituency MSP role, I have engaged with a number of stakeholders on release planning and on how provision around the process of release could be improved. That is why I welcome sections 9 and 10, which seek to start that release planning at an early point and will drive consistency in the provision of throughcare support for people leaving prison. I am also clear that that will contribute to keeping victims and people leaving prison safe. In our stage 1 report, the committee broadly welcomed those sections, and we will be watching their implementation with great interest.

Another theme that was raised during the scrutiny, and which I feel very strongly about, is the importance of supporting people who are released direct from court, usually following a period of remand. I understand that, in those circumstances, release is difficult to anticipate and plan for, which makes accessing services extremely difficult for those individuals, rendering them on occasion extremely vulnerable.

I recognise that section 9, as drafted, would cover that scenario, as it covers release planning for remand and sentenced prisoners. However, I want to ensure that the Scottish ministers and, indeed, Parliament have additional levers if further action is considered necessary to make improvements in this area. I therefore consider that the Scottish ministers should have the power to make further provision in the area if they need to, particularly in relation to supporting people who are released directly from court following a period of remand, given all that we now know about how challenging that is.

My amendments 46 and 47 would hence provide ministers with regulation-making powers to make further provision in this area, should they need to. My amendments specifically reference the issue of release direct from court, following time on remand. I believe that Parliament must have a role in scrutinising any future use of the powers, so my amendments require that they be subject to the affirmative procedure.

I hope that those powers are not needed and that sections 9 and 10 work as intended. However, I feel that the additional powers would be helpful to ensure that the outcomes that we all seek—reductions in reoffending and better outcomes for people leaving prison—are achieved.

I move amendment 46.

I am grateful to the cabinet secretary for supporting amendments 46 and 47 in my name. I welcome the additional amendments that she lodged, which provide comprehensive detail on the guidance set out on release planning. I have nothing further to add beyond the points that I set out earlier. I will press amendment 46.

Amendment 46 agreed to.

Amendment 47 moved—[Audrey Nicoll]—and agreed to.

Amendment 48 moved—[Angela Constance]—and agreed to.

Section 10—Throughcare support

Amendment 49 moved—[Angela Constance]—and agreed to.

The recently published “European Drug Report 2023” highlights that, across Europe, opioids, in combination with other substances, remain the group of substances that are most commonly implicated in drug-related deaths. It also notes that the proportion of deaths among older age groups is increasing. Furthermore, the report highlights that the hidden and stigmatised nature of high-risk drug use makes preventing and responding to drug harm extremely difficult.

With reference to MAT standard 3, can the minister outline the progress that is being made to ensure that people at high risk of drug-related harm are proactively identified and offered support to commence or continue MAT?

As the minister has explained at some length, the narrow limits within which we can carry forward additional resource makes managing underspend a very careful balancing act. How does the Scottish Government’s underspend compare with that of other devolved nations that are also required to balance their budgets?

That is helpful. I point out that, in its submission, the Scottish Police Federation says that it feels that the proposals are

“relatively strong in our favour and in the spirit of fairness, acceptable to SPF.”

I open the questioning to other members.

Good morning, and welcome to the 18th meeting in 2023 of the Criminal Justice Committee. We have received apologies from Pauline McNeill, and Katy Clark is joining us online.

Our main item of business is consideration of a draft affirmative instrument: the Police Negotiating Board for Scotland (Constitution, Arbitration and Qualifying Cases) Regulations 2023. I am pleased to welcome to the meeting the Cabinet Secretary for Justice and Home Affairs, Angela Constance, and her Scottish Government officials. We are joined by Peter Jamieson and Graham Thomson, from the police division, and Louise Miller, from the legal directorate.

I refer members to paper 1 and annex B in our briefing paper, and I thank the Scottish Police Federation for its comments.

I invite the cabinet secretary to speak to the regulations.

Finally, I invite members to agree to delegate to me and the clerks the publication of a short factual report on the SSI.

Members indicated agreement.