Chamber and committees

The use of exclusion zones as a licence condition for parole is being considered in light of the public consultation on parole. We will reflect on whether the conclusions of this are applicable to temporary release. In addition, in implementing the Management of Offenders (Scotland ) Act 2019 we will be looking at the introduction of new technology, such as global positioning system technology, which presents opportunities to improve the effectiveness of electronic monitoring.

As part of the development of our Restorative Justice Action Plan https://www.gov.scot/publications/restorative-justice-action-plan/ , which was published in June 2019, we undertook a survey seeking evidence on the current use of restorative justice across Scotland. The survey found provision to be inconsistent, with limited opportunities for adults to take part.

This survey, alongside extensive engagement with stakeholders across the justice sector, directly informed our vision set out in the Action Plan to have restorative justice available across Scotland to all those who wish to access it, and at a time that is appropriate to the people and cases involved. The Plan also explains the steps we will take to achieve this vision.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

Over the period covered, in the absence of a formal process, no records were kept. However, SPS officials have in the past met informally with victims and/or their families.

More recently, SPS has been working closely with Victim Support Scotland (VSS) to put in place an agreed approach which facilitates dialogue and engagement with victims and families and which dovetails with the support services offered more generally by VSS.

In April 2019, that collaboration led to the launch of a new approach. Since that time 20 life sentence prisoners have become eligible for consideration for temporary release 9 of whom had victims registered with the Victim Notification Scheme, of these, 7 expressed an interest in making representations, with one electing to respond in writing and the other 2 by way of meetings.

Delivering Community Payback Orders (CPOs) and ensuring completion of these orders is the responsibility of the relevant local authority. National completion rates for Community Payback Orders (CPOs) are 70%, as reported in the Criminal Justice Social Work statistics for 2017-18.

The Scottish Government is working with national and local partners including Community Justice Scotland, Social Work Scotland, the Care Inspectorate, local authorities and third sector partners to help ensure orders are implemented as effectively as possible and improve completion rates where possible. The national Community Justice Leadership Group, which I co-chair with COSLA, will drive action to improve the delivery of community justice services across Scotland, with a focus on supporting rehabilitation and reducing reoffending whilst promoting public safety.

Updated CPO Practice guidance was published earlier this year which supports effective practice, and included a focus on breach and compliance, and reiterates the importance of successful completion.

We value the work of justice social workers and unpaid work managers in helping ensuring individuals successfully complete their orders. This is particularly the case when they are dealing with people who have chaotic lifestyles, which may include mental health issues and/or a history of drug or alcohol problems.

Outcomes are likely to be influenced by who gets the orders in the first place, the nature of the offending and their underlying needs. Some caution is therefore needed against seeing completion rates as the sole indicator of effectiveness. Short custodial sentences are not an effective alternative as 35% of those who receive short sentences are reconvicted and given further custodial sentences within a year.

The Scottish Government consults regularly on the modernisation of civil law, often as a consequence of the law reform work carried out by the Scottish Law Commission in this area.

By way of example in the past year we have or are consulting on: Judicial Factors (August 2019); the law of Succession (May 2019); Defamation in Scots Law (April 2019); Success Fee Arrangements in Scotland (January 2019); The future of civil partnerships in Scotland (December 2018); and Review of Part 1 of the Children (Scotland) Act 1995 and creation of family justice modernisation strategy (September 2018).

In the Programme for Government 2018-19, the Scottish Government committed to taking steps to allow animals taken into the protection of the Scottish SPCA or local authorities to be rehomed much more quickly and efficiently than at present.

A public consultation was run between 1 February 2019 and 26 April 2019 on a number of proposed amendments to the Animal Health and Welfare (Scotland) Act 2006, including proposals to speed up the process for making permanent arrangements for seized animals. The analysis of responses to this consultation was published on 17 July 2019.

We expect to announce shortly our plans to take forward legislation to increase the penalties for cruelty offences and to allow animals seized to protect their welfare to be quickly rehomed.

I have not visited the site in question, nor met with any representatives from the Newtonhill community to discuss the appeal at Park Place, Newtonhill (Case ref no. PPA-110-2372). The appeal in question was a delegated appeal and therefore Ministers played no part in the decision making process. Ministers become directly involved in only a very small minority of cases. This is in line with Ministers' proportionate approach in the handling of planning matters. It would not be appropriate to discuss the merits of an appeal either during the course of that appeal or after the decision has been made. The decision of a reporter is final subject to review by the Court of Session. The appeal in question remains subject to challenge until 24 September 2019.

The Scottish Government proactively publishes Ministerial engagement data on the Scottish Government website and may be accessed using the URL https://beta.gov.scot/publications/?term=Ministerial&publicationTypes=transparency_data .

This information is not held centrally by the Scottish Government. Information regarding clinical equipment should be directed to individual NHS Boards.

Transport Scotland meets regularly with North-East of Scotland Transport Partnership (NESTRANS) who represent the views of the local communities, local authorities and other key regional stakeholders.

In the first instance, promoters of new schemes should discuss their proposals with the relevant Regional Transport Partnership who consider the proposal and determine whether it fits with regional transport priorities.

NESTRANS were successful in the latest round of the Local Rail Development Fund (LRDF) and will be taking forward an appraisal in respect of cross-Aberdeen rail travel which includes consideration of new stations South of Aberdeen.

This Government is committed to improving rail connectivity, reliability and journey times throughout Scotland. However, any transport project which requires Government funding, must be supported by a transport appraisal to ensure that the solution is arrived at impartially, based on evidence and is objective rather than solution led. The Scottish Government’s £2 million Local Rail Development Fund can help with the cost of these appraisals and NESTRANS has recently secured £80,000 to carry out a multi-modal transport appraisal to look at opportunities to improve connectivity across Aberdeen.