Chamber and committees

Welcome to the 20th meeting in 2024 of the Delegated Powers and Law Reform committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

Before we begin today’s meeting, I want to put on the record an update in relation to legislative consent memorandums that the committee was considering. Following the dissolution of the United Kingdom Parliament ahead of the UK general election on 4 July this year, the bills relating to the LCMs that the committee was considering—the Tobacco and Vapes Bill and the Renters (Reform) Bill—fell. As such, the LCMs also fell, and the committee has decided that it will not undertake any further work on them.

The first item of business is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Jeremy Balfour MSP to declare any interests that are relevant to the remit of the committee.

Thank you for that.

Is the committee content to take items 6 to 9 in private?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

Thank you very much, Jeremy, and welcome back to the committee.

Under agenda item 4, we are considering one instrument, on which no points have been raised.

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Is the committee content with the instruments?

Members indicated agreement.

Does the committee wish to draw to the attention of the lead committee the fact that, although the explanatory note and policy note state that the first group of prisoners will be released between 26 and 27 June, the draft instrument does not provide that 26 June is the earliest permitted release date and that, therefore, under regulation 3(2), the first group of prisoners could, in theory, be released from 13 June?

Members indicated agreement.

Welcome to the 19th meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Jeremy Balfour MSP. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

Before we move to the first item on the agenda, I take this opportunity, on behalf of the committee, to thank Oliver Mundell MSP for his hard work and thoughtful contribution to the committee. Oliver recognised the importance of the committee’s work and was a dedicated member of it. We wish him all the best for the future.

The first item of business is to decide whether to take item 3 in private. Is the committee content to take item 3 in private?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

The instrument is being considered under an expedited procedure. The committee may wish to draw the attention of the lead committee to certain aspects of it. The instrument makes provision for the early release of certain prisoners in response to what the Scottish Government has described as “an emergency situation” across the Scottish prison estate.

The instrument also prescribes certain victim support organisations so that they may be nominated by a victim of crime to receive information concerning the person who committed an offence against the victim, including the date of their release from prison.

First, does the committee wish to draw to the attention of the lead committee that the draft instrument has the effect that a prisoner who is sentenced on a date between 13 June and 16 July 2024 could, in certain circumstances, be released the next day, and that the Scottish Government has indicated that that is in line with the policy intention?

Members indicated agreement.