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SB247 | Minimum National Standards for Prisons (Scotland) Bill | Stage 1 Debate
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Order!

Our only item of business today is a debate on bill SB247, in the name of the 22nd Scottish Government. The question is whether the Parliament approves the general principles of the Minimum National Standards for Prisons (Scotland) Bill.


Minimum National Standards for Prisons (Scotland) Bill

An Act of the Scottish Parliament to make minimum national standards for Scottish prisons.

Section 1: Requirements for governors

(1) In making decisions about the operation of the prison the governor must uphold the minimum national standards set out in regulations under section 2.

Section 2: Minimum National Standards

(1) The Scottish Ministers may make regulations on the Minimum National Standards as set out in subsection 3.

(2) The regulations may amend this section of this Act.

(3) The regulations shall contain provisions related to—

(a) the actual surface area per prisoner; and

(b) the total capacity of a prison; and

(c) religious observance; and

(d) gender; and

(e) work; and

(f) education; and

(g) libraries; and

(h) communications; and

(i) physical welfare; and

(j) mental welfare; and

(k) medical services.

(4) Regulations under subsection 3 shall be subject to negative procedure.

Section 3: Commencement

(1) This act shall come into force upon receiving Royal Assent.

Section 4: Short Title

(1) This act may be cited as the Minimum National Standards for Prisons (Scotland) Act.

This bill was written by The Most Honourable u/model-willem KD KT KP OM KCT KCB CMG CBE PC MP MS MSP, MSP for Moray, Cabinet Secretary for Justice, on behalf of the 22nd Scottish Government. Based on the Prisons Act 2019 by u/LeChevalierMal-Fait.

Presiding Officer,

The Act that this bill is based on ensured that the UK Secretary of State is able to create minimum national standards for the way that prisons in England are run, but Scotland did not follow this creation when it was done in England in 2019. By putting this Act forward the Scottish Government can make regulations about the standards that we feel are necessary for Scottish prisons to provide the best possible care for its inmates. The eleven subjects that the standards can be about can improve the lives of inmates in Scottish prisons for the better and therefore I urge all members to support these measures.

This Bill is the first step in this Government’s Plan for Prisoners, which is all about making sure that the people who are in Scottish prisons are protected better, have better access to educational and healthcare facilities, that we take their parole more seriously than before. Our plan means that there’s a better future for Scottish inmates than there was before.


Debate on this bill will end with the close of business at 10pm GMT on the 12th of February 2024.

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