Chamber and committees

I have said in the chamber previously that I am clear that action is needed on remand. I know that other parties share that view.

The effect of Covid-19 on the courts has impacted hugely on remand numbers. We have invested £50 million to support the operation of the criminal courts to help to increase throughput of cases, thereby—we hope—lessening the need for remand.

However, it is fair to say that concern about remand pre-dates Covid-19, which is why our programme for government included a commitment to consult on reform in that area, with the introduction of legislative change in year 1 of this session of Parliament.

We continue to invest in and support provision of alternatives to remand, including additional investment in bail supervision and implementation of electronically monitored bail.

We intend to review and revise the national community justice strategy. To inform the review of the current strategy, which is a statutory requirement under the Community Justice (Scotland) Act 2016, we will consult those who work in the community justice sector or closely with it, gathering views from a front-line perspective on how well the strategy has performed over the past five years and what might need to be taken into account in updating it. We will then engage with the public through a consultation exercise to explore what approach a revised strategy might take.

Our aim will be to consider how a revised strategy can be most effective and how it can build on the progress that has been made in recent years, and to set clear aims for all who are involved in delivering services. The views and evidence that are gathered as part of the consultative and collaborative approach will be used in finalising a new and improved national community justice strategy, which we intend to launch next spring.

I thank Richard Leonard for his question, which touches on a number of areas. Of course, we are alive to some of the issues that he has brought up, especially use of psychoactive drugs, whose effect on inmates tends to be much more challenging for prison officers than are the effects of other drugs.

We want to eradicate all drugs from the prison system, so new technology is being looked at, on top of the existing measures. However, it is true to say—I do not shrink from the fact—that dealing with the pandemic and the threat of infection in prisons has limited some operations, so we have to balance the risks as best we can. The introduction of new technology that should help with some of the drugs that Richard Leonard talked about will be one stage in doing that, but a more profound change in how the prison system deals with drug abuse among prisoners has to take place, so we are also considering that.

To the credit of prison staff, health staff and prisoners, for the vast majority of this pandemic our prisons have seen low infection rates, and the operation of our prisons has remained safe and stable, especially given that early concerns were, rightly, expressed.

Personal protective equipment was provided to all staff and prisoners at the outset of the pandemic, and robust infection-control measures were put in place to limit potential transmission. Recognition of Scottish Prison Service staff as key workers also provided access to symptomatic testing early in the pandemic. The roll-out of asymptomatic testing now offers all SPS staff the opportunity to participate in the weekly testing programme.

Following implementation of the SPS pandemic plan, some prison regime changes were put in place to help to mitigate the risk of infection, including minimising the number of individuals who come into contact with prisoners and maintaining physical distancing between individuals. As of 6 September, SPS establishments are undertaking asymptomatic testing of all individuals who come into custody from court. Covid vaccination also continues to be offered, and establishments are actively encouraging all prisoners to participate.

As I think the member knows, that is quite a complex area. The Prison Service was aware of the issue and is looking at it now. Officials who were present at the committee meeting to which the member refers or who listened into it are examining the proposal. It was a constructive proposal, and I took it in that spirit. I ask the member to give us time to look at it seriously and get back to him.

Tess White should know that prisoners being disciplined is a matter for the Scottish Prison Service. It takes those decisions. If the member wishes, I can ask the interim chief executive of the SPS to respond to her.

The member quite rightly mentioned that the phones are tamper-proof. Their benefits have been huge in relation to managing prison services that cannot operate as they did in the past.

I will say one final thing. Discipline within prisons is much harder to maintain with 68-year-old prison officers. That is the effect of the Government that the member supports pushing the pension age back to 68. We should never have 68-year-old prison officers trying to exercise the kind of discipline that Tess White spoke about.

The introduction of technology for virtual visits, prison-issued mobile phones in SPS establishments, and cell phones in HMP Kilmarnock have enabled contact to be maintained between people who are in custody and their friends and families. Since implementation, more than 56,900 virtual visits have taken place in the SPS.

The SPS has put in place precautionary measures, informed by public health guidance, to make in-person visits as safe as possible.

Following from my previous response, I say that it would be good to get, if possible, consensus in Parliament on that issue. Decision making on bail and remand is for the court, but Parliament sets the legislative framework. Prior to Covid-19, 20 per cent of the prison population was on remand; the figure is now 27 per cent. Recent increases reflect the unique circumstances of the pandemic, but concerns are long-standing.

I intend to publish in the autumn a consultation on possible changes to bail law that will seek views on emphasising the importance of public safety as an essential requirement for remand. It will also propose legislative changes to ensure an enhanced focus on victim safety, improvement of the information that is available to the court when it makes a bail decision, and expansion of the services that are available to support the process of reintegration into the community of prisoners who leave remand.

I have every sympathy for the case of the member’s constituent, but it is—again—important to say that it is the courts, not the Scottish Government, that make decisions on remand. The Scottish Government is specifically prohibited from involving itself in such decisions.

We can address such situations through the legislative framework, which is why we will introduce legislation on which all members will have the chance to have a say. We previously said what we intend to do with regard to the victims commissioner. It is important, and we want to ensure, that the victims organisations that currently exist—some of which have concerns about the introduction of a victims commissioner—have their say before we proceed.

We recognise that increasing numbers of prisoners have a range of multiple and complex needs. The health needs of the prison population, for example, are particularly challenging. We know that people in custody often have higher rates of substance use issues, mental health problems and complications with physical health in comparison to the general population. The support that is required to address the often multiple needs of vulnerable people in custody can be multifaceted and is delivered through effective joint working between the Scottish Prison Service and a range of partners including social care, health, third sector and education authorities.