Scottish Parliament e-Brief, Issue 277

Reforms for early release from prison
An independent report on early release and the supervision of prisoners on their release has been published.

Ministers will now consider the detailed implications of the Sentencing Commission for Scotland's recommendations and publish their proposals in the late Spring - ahead of the introduction of a Sentencing Bill later this year.

The Commission's Chairman, the Rt Hon Lord Macfadyen, said the package of proposed reforms represented an opportunity to bring much-needed clarity and transparency in sentencing - but he warned that the proposals were not intended to increase the severity of sentencing and should not be regarded as a "back door" opportunity to make Scotland a more penal society.

Key recommendations in the Report include:

A new regime for those sentenced to terms of more than 12 months involving the offender serving the whole of a minimum period, fixed by the court, in jail. After that, most would then serve a further part of their sentence in the community. However, release at the end of the custodial part would depend on the risk presented by the return of the prisoner to the community being assessed as acceptable.
A separate regime for those sentenced to custodial terms of 12 months or less, involving discretionary release from prison on electronically-monitored Home Detention Curfew after not less than half the term has been served.
Sentencers being required to explain the effect of the sentence so that the offender, the victim, the media and the public at large are in no doubt about what the sentence means in terms of the minimum time to be served in custody and that which may be served in the community.
Steps being taken, by statute or otherwise, to make it explicit that the term of custody imposed on an offender should be the minimum period that requires to be served to satisfy the criminal justice requirements of punishment and deterrence and the protection of the public.
The continued need for custodial sentences to be proportionate to the gravity of the offending.
That future legislation governing a new statutory regime expressly provides that a sentencer, when having regard to sentences imposed under the previous regime, must also have regard to the rights to early release under that previous regime.

The report has been submitted for the consideration of Scottish Ministers. It is for Scottish Ministers to then set out their formal proposals for the future reform of this area of sentencing.

Scotland urged to reap rewards of London 2012
A Steering Group made up of Scottish organisations including Scottish Enterprise, the Scottish Chambers of Commerce and BBC Scotland, has met for the first time to discuss how to maximise ways in which Scotland will benefit from the Olympic Games in London in 2012.

The Steering Group comprises representatives from organisations including Scottish Enterprise, VisitScotland, sportscotland, EventScotland, the Scottish Arts Council, COSLA, BBC Scotland, Volunteer Development Scotland, CBI Scotland and the Scottish Chambers of Commerce.

Sports Minister Patricia Ferguson said:

"In Scotland, [the 2012 games] has the potential to generate a huge level of enthusiasm for sport and to inspire people to compete at the highest level. But the benefits will run even deeper than this, and will touch all sectors of Scottish society. For example there will be the opportunity to stage major events - the chance to create more sports volunteers - and the ability to attract more overseas visitors to Scotland.

"Under the Chairmanship of former Olympic athlete and sportscotland Chair, Julia Bracewell, this new steering group will ensure that Scottish organisations and businesses are as well informed as possible about the best way to maximise these opportunities."

Advocates of the Bill maintain that charges undermine the principal of a free NHS. However, Ministers and others condemn the plans, pointing out that, as 92% of Scottish prescriptions are already dispensed free, the plan would simply give free prescriptions to those who could afford to pay. Opponents also make the point that it would cost the NHS £40-45m a year which could be better spent on those in more need. The Health Committee's recent Stage 1 report, which narrowly backed the Bill, also criticised some of the financial evidence advanced in its favour, claiming it overestimated savings and underestimated costs.

Notwithstanding the above, Ministers have accepted that they need to address flaws and anomalies in the present system. The Executive has therefore stated that it will shortly be issuing a paper setting out a range of options for change.

The day concludes with a Member's Business debate on NHS Fife Waiting Times from Iain Smith (LD).

THURSDAY morning begins with two Conservative Party debates on The East Coast Economy with special relevance to Transport Links and Future Energy Policy.

As is usual with opposition debates, no motions have yet been published, so the focus of the debates is unclear. It is likely, however, that the ongoing debate around nuclear power will feature in the latter. As always, the motions will be published in Section F of the Business Bulletin in due course and a full transcript of the debates will be available in the Official Report from 08:00 on Friday.

This is followed by General Question Time and First Minister’s Question Time.

The day closes with a Member's Business debate on The Thistle Travel Card Scheme from Jackie Baillie (LAB).

Wednesday 25th January 2006
14:35 – 17:00	Stage 1 Debate: Abolition of NHS Prescription Charges (Scotland) Bill
17:00 – 17:30	Member’s Business: NHS Fife Waiting Times (Iain Smith (LD))

Thursday 26th January 2006
09:15 – 10:20	Scottish Conservative and Unionist Party Debate: The East Coast Economy with special relevance to Transport Links
10:20 – 11:40	Scottish Conservative and Unionist Party Debate: Future Energy Policy
11:40 – 12:00	General Question Time
12:00 – 12:30	First Minister's Question Time
14:15 – 14:55	Themed Question Time: * Finance and Public Services and Communities; * Education and Young People, Tourism, Culture and Sport
14:55 – 16:30	Stage 1 Debate: Budget (Scotland) (No.3) Bill
16:30 – 17:00	Ministerial Statement: Forestry
17:00 – 17:30	Member's Business: The Thistle Travel Card Scheme (Jackie Baillie (LAB))

Tuesday 24th January 2006
AM	Finance	Senior figures from the world of local government give evidence to the inquiry into the cost of the local authority single status agreement.
	Equal Opportunities	Deputy Enterprise and Lifelong Learning Minister, Allan Wilson, gives evidence to the Disability Inquiry.
PM	Enterprise and Culture	Organisations who help people with debt problems and insolvency experts from the Institute of Chartered Accountants of Scotland give evidence on the Part 1 (bankruptcy) of the Bankruptcy and Diligence etc. (Scotland) Bill. The Committee will then consider its views on the proposed restructuring and reorganisation of Scottish Enterprise and Highlands and Islands Enterprise.
Wednesday 25th January 2006
AM	Communities	The Royal Town Planning Institute (RTPI) in Scotland, the Scottish Society of Directors of Planning (SSDP) and the Scottish Planning Consultants Forum (SPCF) give Stage 1 evidence on the Planning etc. (Scotland) Bill.
	Education	The Committee takes more evidence on its early years inquiry.
	Environment and Rural Development	The Committee will consider a draft Stage 1 report on the Animal Health and Welfare (Scotland) Bill.