Margaret Mitchell

The measures form part of a wider Management of Offenders Bill, that would allow the Scottish government to introduce a number of changes to the criminal justice system.

These include altering the makeup of the Parole Board for Scotland and introducing tags that can monitor levels of alcohol or drugs in an individual’s system, as well as their location more accurately than before.

However, the committee is warning the Scottish government that robust risk-assessment, proactive monitoring, and effective enforcement measures against breaches must all be in place and properly funded before the new electronic monitoring regime is rolled out.

The report comes after the committee adjourned its scrutiny of the bill to allow time to consider the failures highlighted by the murder of Craig McClelland in Paisley. Mr McClelland’s case was reviewed by Her Majesty’s Inspectorates of Prisons and Constabulary in Scotland (HMIPS and HMICS), as his killer had breached his home detention curfew at the time of the crime.

The Scottish government has indicated that it agrees with all recommendations for Police Scotland and the Scottish Prison Service in the HMICS and HMIPS reports. The committee will continue to press the government to ensure that these are fully implemented to absolutely minimise the risk of a similar event occurring in the future.

Speaking as the report was published, committee convener Margaret Mitchell MSP said: “This legislation is intended to cut reoffending rates in Scotland, and help people who have committed offences reintegrate into the community. These are worthy objectives which the committee supports.

“During scrutiny of the bill, members worked assiduously, seeking assurances that the right balance has been found between helping those with prior convictions to change their ways, whilst ensuring that public safety remains paramount.”

She added: “The committee is backing the overall aims of the bill, and fully supports changes to the rules around disclosing prior convictions. This is an important step towards helping people with convictions find gainful employment and be rehabilitated into society.

“However, the various measures in the bill must be properly resourced, including monitoring and enforcement provisions. And whilst the committee agrees in principle to greater use of electronic monitoring, it looks forward to working with the Scottish government to strengthen the bill. This will involve ensuring improvements are made before any changes come into force, particularly around dealing swiftly and effectively with tagging breaches, and minimising risk.”