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: 16 MSPs

Parliamentary analysis

Multi-party against: Government No, Opposition divided

This 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.

Motion in TheyWorkForYou

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 129 113 16 97 16 87.60% 14.16%

Government counts

Grouping MSPs on date Vote participant count For motion Against motion Absent motion Turnout For motion percentage
Opposition 65 53 15 38 12 81.54% 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 22 15 15 0 7 68.18% 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
Elizabeth Smith Conservative No 100.00%
Tim Eagle Conservative No 100.00%
Patrick Harvie Green No 100.00%
Paul McLennan Scottish National Party No 98.33%
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%
Mark Ruskell Green No 100.00%
Willie Rennie Liberal Democrat No 100.00%
Jamie Halcro Johnston Conservative No 100.00%
Sarah Boyack Labour Aye 100.00%
Gordon MacDonald Scottish National Party No 98.33%
Edward Mountain 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%
Bill Kidd Scottish National Party No 98.33%
Elena Whitham Scottish National Party No 98.33%
Russell Findlay Conservative No 100.00%
Rachael Hamilton Conservative No 100.00%
Nicola Sturgeon Scottish National Party No 98.33%
Craig Hoy Conservative No 100.00%
Fiona Hyslop Scottish National Party No 98.33%
Oliver Mundell Conservative No 100.00%
Finlay Carson Conservative No 100.00%
Ruth Maguire Scottish National Party No 98.33%
Neil Gray Scottish National Party No 98.33%
Christine Grahame Scottish National Party No 98.33%
Michelle Thomson Scottish National Party No 98.33%
Keith Brown Scottish National Party No 98.33%
Natalie Don Scottish National Party No 98.33%
James Dornan Scottish National Party No 98.33%
Gillian Mackay Green No 100.00%
Colin Beattie Scottish National Party Absent n/a
Gillian Martin Scottish National Party Absent n/a
Douglas Ross Conservative Absent n/a
Monica Lennon Labour Absent n/a
Paul O'Kane Labour Absent n/a
John Mason Scottish National Party No 98.33%
Shona Robison Scottish National Party No 98.33%
Audrey Nicoll Scottish National Party No 98.33%
Miles Briggs Conservative No 100.00%
Carol Mochan Labour Aye 100.00%
Ivan McKee Scottish National Party No 98.33%
Murdo Fraser Conservative No 100.00%
Baroness Clark Labour Aye 100.00%
Clare Haughey Scottish National Party No 98.33%
Foysol Choudhury Labour Aye 100.00%
Alasdair Allan Scottish National Party No 98.33%
George Adam Scottish National Party No 98.33%
Clare Adamson Scottish National Party No 98.33%
Fulton MacGregor Scottish National Party No 98.33%
Humza Yousaf Scottish National Party No 98.33%
Kenneth Gibson Scottish National Party No 98.33%
Graeme Dey Scottish National Party No 98.33%
Stephen Kerr Conservative No 100.00%
Maurice Golden Conservative No 100.00%
John Swinney Scottish National Party No 98.33%
Jamie Hepburn Scottish National Party No 98.33%
Tom Arthur Scottish National Party No 98.33%
Joe FitzPatrick Scottish National Party No 98.33%
Jamie Greene Conservative Absent n/a
Alexander Stewart Conservative Absent n/a
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%
Graham Simpson Conservative No 100.00%
Paul Sweeney Labour Aye 100.00%
Martin Whitfield Labour Aye 100.00%
Angus Robertson Scottish National Party No 98.33%
Pauline McNeill Labour Aye 100.00%
Siobhian Brown Scottish National Party No 98.33%
Jenni Minto Scottish National Party No 98.33%
Angela Constance Scottish National Party No 98.33%
Annie Wells Conservative No 100.00%
Liam Kerr Conservative No 100.00%
Bob Doris Scottish National Party No 98.33%
Brian Whittle Conservative No 100.00%
Richard Leonard Labour Aye 100.00%
Claire Baker Labour Aye 100.00%
Roz McCall Conservative No 100.00%
Annabelle Ewing Scottish National Party No 98.33%
Sharon Dowey Conservative No 100.00%
Jim Fairlie Scottish National Party No 98.33%
Karen Adam Scottish National Party No 98.33%
Lorna Slater Green No 100.00%
Kate Forbes 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%
Daniel Johnson Labour Aye 100.00%
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%
Richard Lochhead Scottish National Party No 98.33%
Christina McKelvie Scottish National Party No 98.33%
Mark Griffin Labour Aye 100.00%
Stuart McMillan Scottish National Party No 98.33%
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%
Shirley-Anne Somerville Scottish National Party No 98.33%
Collette Stevenson Scottish National Party No 98.33%
Sandesh Gulhane Conservative No 100.00%
Alex Cole-Hamilton Liberal Democrat No 100.00%
Michael Matheson Scottish National Party No 98.33%
Jenny Gilruth Scottish National Party No 98.33%
Douglas Lumsden Conservative No 100.00%
Jackie Dunbar Scottish National Party No 98.33%
Màiri McAllan Scottish National Party No 98.33%
Kaukab Stewart Scottish National Party No 98.33%
Emma Harper Scottish National Party No 98.33%
Jeremy Balfour Conservative No 100.00%
Evelyn Tweed Scottish National Party No 98.33%
Meghan Gallacher Conservative No 100.00%
Ben Macpherson Scottish National Party No 98.33%
Alexander Burnett Conservative Absent n/a
Alex Rowley Labour Absent n/a
Anas Sarwar Labour Absent n/a
Rhoda Grant Labour Absent n/a
Alison Johnstone Green Absent n/a
Willie Coffey Scottish National Party Absent n/a