Scottish Parliament – Feb. 20, 2025 – 2
Independent Review of Sentencing and Penal Policy (Amendment 2)
Result
❌ Motion failed.
Aye: 16 MSPs
No: 97 MSPs
Absent: 17 MSPs
Parliamentary analysis
Multi-party against: Government No, Opposition dividedThis vote is most similar to a group of votes where the government is voting against a motion, and opposition MPs/parties are divided in their support.
This can reflect an amendment or motion bought by one opposition party, which other opposition parties are not supportive of.
Motion
Motion type: Amendment(?)
S6M-16532.2: As an amendment to motion S6M-16532 in the name of Angela Constance (Independent Review of Sentencing and Penal Policy), leave out from "recognises" to end and insert "acknowledges that prisons remain severely overcrowded, with prisons operating above capacity even after the Scottish National Party (SNP) administration’s emergency early release of prisoners, impacting on the ability to rehabilitate offenders;
is concerned by the high numbers of women in prisons;
condemns the SNP administration’s failure to tackle high reoffending rates, which result in offenders returning to custody due to the lack of robust alternatives;
agrees that the third sector can play a significant role in the effective delivery of justice services that reduce reoffending, and support reintegration into society;
calls on the Scottish Government to urgently increase the availability of robust community payback orders, and invest in safe and secure GPS electronic monitoring to drive down the remand population and give more public confidence to non-custodial sentencing;
further calls on the Scottish Government to expand access to throughcare services, which are essential in assisting offenders to reintegrate into society and to stop offending;
believes that a review of sentencing and penal policy will not address the urgent crisis in Scotland’s justice system, and resolves that the SNP administration should take immediate action based on parameters set by the Parliament to address these concerns, rather than focus on a review that will not take the prompt action needed to fix the justice system and keep Scotland’s communities safe."
Original motion(S6M-16532): That the Parliament notes that Scotland has one of the highest proportions of prisoners in Western Europe;
recognises the action that has been taken to establish a sustainable prison population and shift the balance between the use of custody and justice in the community, while protecting the public from harm;
acknowledges the need for an independent review of sentencing and penal policy to consider how imprisonment and community interventions are used;
further acknowledges the key role that the third sector can play in the effective delivery of justice services that reduce reoffending, and support rehabilitation and reintegration into society;
agrees that there is a need for strong partnership working and co-ordination between third sector organisations, justice social work and the Scottish Prison Service to provide support and improve outcomes for those leaving prison, and believes that the Parliament has an important role to play in discussing the use of imprisonment and the best means for addressing offending behaviour, by both effective prevention and appropriate rehabilitation, and for reducing crime and keeping communities safe.
Annotations
No annotations for this decision.
Whip reports
No whip reports for this decision.
Overall counts
| Grouping | MSPs on date | Vote participant count | For motion | Against motion | Absent motion | Turnout | For motion percentage |
|---|---|---|---|---|---|---|---|
| All MSPs | 130 | 113 | 16 | 97 | 17 | 86.92% | 14.16% |
Government counts
| Grouping | MSPs on date | Vote participant count | For motion | Against motion | Absent motion | Turnout | For motion percentage |
|---|---|---|---|---|---|---|---|
| Opposition | 66 | 53 | 15 | 38 | 13 | 80.30% | 28.30% |
| Government | 64 | 60 | 1 | 59 | 4 | 93.75% | 1.67% |
Party voting counts
| Grouping | MSPs on date | Vote participant count | For motion | Against motion | Absent motion | Party turnout | For motion percentage |
|---|---|---|---|---|---|---|---|
| Scottish National Party | 64 | 60 | 1 | 59 | 4 | 93.75% | 1.67% |
| Labour | 23 | 15 | 15 | 0 | 8 | 65.22% | 100.00% |
| Liberal Democrat | 4 | 4 | 0 | 4 | 0 | 100.00% | 0.00% |
| Conservative | 31 | 27 | 0 | 27 | 4 | 87.10% | 0.00% |
| Green | 8 | 7 | 0 | 7 | 1 | 87.50% | 0.00% |
Voting list
| Person | Party | Vote | Party alignment |
|---|---|---|---|
| Shona Robison | Scottish National Party | No | 98.33% |
| Elizabeth Smith | Conservative | No | 100.00% |
| Tim Eagle | Conservative | No | 100.00% |
| Audrey Nicoll | Scottish National Party | No | 98.33% |
| Patrick Harvie | Green | No | 100.00% |
| Mark Ruskell | Green | No | 100.00% |
| Willie Rennie | Liberal Democrat | No | 100.00% |
| Ash Denham | Scottish National Party | Aye | 1.67% |
| Maggie Chapman | Green | No | 100.00% |
| Ross Greer | Green | No | 100.00% |
| Ariane Burgess | Green | No | 100.00% |
| Liam McArthur | Liberal Democrat | No | 100.00% |
| Miles Briggs | Conservative | No | 100.00% |
| Carol Mochan | Labour | Aye | 100.00% |
| Gordon MacDonald | Scottish National Party | No | 98.33% |
| Rachael Hamilton | Conservative | No | 100.00% |
| Craig Hoy | Conservative | No | 100.00% |
| Kevin Stewart | Scottish National Party | No | 98.33% |
| David Torrance | Scottish National Party | No | 98.33% |
| Michael Marra | Labour | Aye | 100.00% |
| George Adam | Scottish National Party | No | 98.33% |
| Bill Kidd | Scottish National Party | No | 98.33% |
| Elena Whitham | Scottish National Party | No | 98.33% |
| Finlay Carson | Conservative | No | 100.00% |
| Humza Yousaf | Scottish National Party | No | 98.33% |
| Maurice Golden | Conservative | No | 100.00% |
| John Swinney | Scottish National Party | No | 98.33% |
| Kenneth Gibson | Scottish National Party | No | 98.33% |
| Stephen Kerr | Conservative | No | 100.00% |
| Christine Grahame | Scottish National Party | No | 98.33% |
| Michelle Thomson | Scottish National Party | No | 98.33% |
| Colin Beattie | Scottish National Party | Absent | n/a |
| Keith Brown | Scottish National Party | No | 98.33% |
| Joe FitzPatrick | Scottish National Party | No | 98.33% |
| Gillian Martin | Scottish National Party | Absent | n/a |
| Douglas Ross | Conservative | Absent | n/a |
| Monica Lennon | Labour | Absent | n/a |
| Davy Russell | Labour | Absent | n/a |
| Paul O'Kane | Labour | Absent | n/a |
| John Mason | Scottish National Party | No | 98.33% |
| Paul McLennan | Scottish National Party | No | 98.33% |
| Jamie Halcro Johnston | Conservative | No | 100.00% |
| Sarah Boyack | Labour | Aye | 100.00% |
| Ivan McKee | Scottish National Party | No | 98.33% |
| Murdo Fraser | Conservative | No | 100.00% |
| Baroness Clark | Labour | Aye | 100.00% |
| Russell Findlay | Conservative | No | 100.00% |
| Clare Haughey | Scottish National Party | No | 98.33% |
| Foysol Choudhury | Labour | Aye | 100.00% |
| Edward Mountain | Conservative | No | 100.00% |
| Nicola Sturgeon | Scottish National Party | No | 98.33% |
| Alasdair Allan | Scottish National Party | No | 98.33% |
| Clare Adamson | Scottish National Party | No | 98.33% |
| Ruth Maguire | Scottish National Party | No | 98.33% |
| Fulton MacGregor | Scottish National Party | No | 98.33% |
| Oliver Mundell | Conservative | No | 100.00% |
| Fiona Hyslop | Scottish National Party | No | 98.33% |
| Graeme Dey | Scottish National Party | No | 98.33% |
| Neil Gray | Scottish National Party | No | 98.33% |
| James Dornan | Scottish National Party | No | 98.33% |
| Gillian Mackay | Green | No | 100.00% |
| Jamie Hepburn | Scottish National Party | No | 98.33% |
| Tom Arthur | Scottish National Party | No | 98.33% |
| Natalie Don | Scottish National Party | No | 98.33% |
| Jamie Greene | Conservative | Absent | n/a |
| Alexander Stewart | Conservative | Absent | n/a |
| Christina McKelvie | Scottish National Party | No | 98.33% |
| Richard Lochhead | Scottish National Party | No | 98.33% |
| Graham Simpson | Conservative | No | 100.00% |
| Mark Griffin | Labour | Aye | 100.00% |
| Maree Todd | Scottish National Party | No | 98.33% |
| Marie McNair | Scottish National Party | No | 98.33% |
| Neil Bibby | Labour | Aye | 100.00% |
| Tess White | Conservative | No | 100.00% |
| Collette Stevenson | Scottish National Party | No | 98.33% |
| Sandesh Gulhane | Conservative | No | 100.00% |
| Richard Leonard | Labour | Aye | 100.00% |
| Claire Baker | Labour | Aye | 100.00% |
| Douglas Lumsden | Conservative | No | 100.00% |
| Jenni Minto | Scottish National Party | No | 98.33% |
| Angela Constance | Scottish National Party | No | 98.33% |
| Annie Wells | Conservative | No | 100.00% |
| Siobhian Brown | Scottish National Party | No | 98.33% |
| Màiri McAllan | Scottish National Party | No | 98.33% |
| Annabelle Ewing | Scottish National Party | No | 98.33% |
| Sharon Dowey | Conservative | No | 100.00% |
| Jim Fairlie | Scottish National Party | No | 98.33% |
| Emma Harper | Scottish National Party | No | 98.33% |
| Jeremy Balfour | Conservative | No | 100.00% |
| Kate Forbes | Scottish National Party | No | 98.33% |
| Jackie Baillie | Labour | Absent | n/a |
| Stephanie Callaghan | Scottish National Party | Absent | n/a |
| Pam Duncan-Glancy | Labour | Absent | n/a |
| Jackson Carlaw | Conservative | No | 100.00% |
| Rona Mackay | Scottish National Party | No | 98.33% |
| Sue Webber | Conservative | No | 100.00% |
| Mairi Gougeon | Scottish National Party | No | 98.33% |
| Pam Gosal | Conservative | No | 100.00% |
| Paul Sweeney | Labour | Aye | 100.00% |
| Stuart McMillan | Scottish National Party | No | 98.33% |
| Martin Whitfield | Labour | Aye | 100.00% |
| Angus Robertson | Scottish National Party | No | 98.33% |
| Shirley-Anne Somerville | Scottish National Party | No | 98.33% |
| Alex Cole-Hamilton | Liberal Democrat | No | 100.00% |
| Michael Matheson | Scottish National Party | No | 98.33% |
| Pauline McNeill | Labour | Aye | 100.00% |
| Jenny Gilruth | Scottish National Party | No | 98.33% |
| Liam Kerr | Conservative | No | 100.00% |
| Bob Doris | Scottish National Party | No | 98.33% |
| Brian Whittle | Conservative | No | 100.00% |
| Jackie Dunbar | Scottish National Party | No | 98.33% |
| Roz McCall | Conservative | No | 100.00% |
| Kaukab Stewart | Scottish National Party | No | 98.33% |
| Karen Adam | Scottish National Party | No | 98.33% |
| Lorna Slater | Green | No | 100.00% |
| Daniel Johnson | Labour | Aye | 100.00% |
| Anas Sarwar | Labour | Absent | n/a |
| Rhoda Grant | Labour | Absent | n/a |
| Evelyn Tweed | Scottish National Party | No | 98.33% |
| Meghan Gallacher | Conservative | No | 100.00% |
| Ben Macpherson | Scottish National Party | No | 98.33% |
| Fergus Ewing | Scottish National Party | No | 98.33% |
| Emma Roddick | Scottish National Party | No | 98.33% |
| Colin Smyth | Labour | Aye | 100.00% |
| Mercedes Villalba | Labour | Aye | 100.00% |
| Beatrice Wishart | Liberal Democrat | No | 100.00% |
| Alexander Burnett | Conservative | Absent | n/a |
| Alex Rowley | Labour | Absent | n/a |
| Alison Johnstone | Green | Absent | n/a |
| Willie Coffey | Scottish National Party | Absent | n/a |