Tag: emergency legislation

Emergency legislation to tackle rising prison population

Emergency legislation will be introduced to Parliament to contribute to the sustainable long-term management of Scotland’s prison population, Justice Secretary Angela Constance told MSPs.

The Bill, to be introduced in November, will propose a change to the release point for short-term prisoners serving sentences of less than four years. At present they are released at the halfway point of their sentence. Under these new proposals they will be released after serving 40% of their sentence, with prisoners serving sentences for domestic abuse or sexual offences excluded from the changes.

The Justice Secretary said the wellbeing of victims and the safety of communities will be a priority when implementing the measures, and the Scottish Government will engage directly with victims organisations.

The proposals, scheduled to come into effect from February next year, would apply to both those currently in prison and those sentenced in future. If backed by Parliament, it is estimated the changes could result in a sustained reduction to the prison population of between 260 and 390.

The proposals in the legislation would also give Ministers powers to change the point of release under licence conditions for long-term prisoners serving sentences of four years or more. This follows the recent public consultation on long-term prisoner release, which highlighted various areas requiring more in-depth consideration with partners.

While not currently proposed, contingency planning for the emergency early release of short-term prisoners is being undertaken, should it be needed to ensure the health and welfare of prison staff and prisoners during a continuing rise in the prison population.

In her Parliamentary statement, Ms Constance underlined the importance of public safety and putting in place a sustainable long-term strategy to tackle the rising prison population.

Speaking after delivering her statement, the Justice Secretary said: “I am prioritising actions that can deliver a sustained reduction to the prison population. Public safety remains paramount, which is why I am focusing on short-term prisoners only and with built-in exemptions.

“I recognise the concerns that may arise from victims and their families and I am committed to working closely with victim support organisations on key issues.

“The measures I have outlined are necessary to support prisons to continue to function effectively and I remain grateful to Scottish Prison Service staff for their continued resilience. We must ensure that we have a prison estate which houses those who pose a risk to the public and provides the full range of support needed for people to leave on a better path and never turn back.”

These prison management measures follow yesterday’s announcement that victims of crime will receive improved support, advice and information under reforms to the Victim Notification Scheme that entitles victims or close relatives of homicide victims to certain information about the person responsible for the crime.

Justice Secretary’s statement to parliament

Prison population information note

Latest prison population figure – 8,322 as of Thursday 10 October

Tenant Protection Bill passed

Emergency legislation approved by MSPs

Tenants will have increased protection from rent increases and evictions during the cost of living crisis under temporary legislation passed by the Scottish Parliament.

The Cost of Living (Tenant Protection) Bill gives Ministers temporary power to cap rents for private and social tenants, as well as for student accommodation. The Bill also introduces a moratorium on evictions.

This cap, which applies to in-tenancy rent increases, has initially been set at 0% from 6 September 2022 until at least 31 March 2023. Ministers have the power to vary the rent cap while it is in force. The measures can be extended over two further six-month periods.

Enforcement of eviction actions resulting from the cost crisis are prevented over the same period except in a number of specified circumstances, and damages for unlawful evictions have been increased to a maximum of 36 months’ worth of rent.

The temporary legislation balances the protections that are needed for tenants with some safeguards for those landlords who may also be impacted by the cost crisis.

Tenants’ Rights Minister Patrick Harvie said: “I am pleased that Parliament has passed this Bill to support tenants through the current cost of living crisis. People who rent their home are more likely to live in poverty or be on low incomes than other people, and many will be anxious about keeping up payments on their homes as their everyday expenses rise.

“With this Bill now set to become law, tenants in the social or private rented sector, or in student accommodation, will have stability in their homes and housing costs.

“I’m hugely grateful to MSPs for scrutinising and agreeing this legislation this week, ensuring these protections can be brought in with the urgency that this crisis demands.”

Housing and homelessness charity Shelter Scotland has broadly welcomed the publication of emergency legislation designed to protect tenants but warns that loopholes allowing social tenants with relatively modest rent arrears to be evicted miss the mark.

The charity has identified three key flaws in the legislation that could lead to more tenants becoming homeless before March 2023.

Two of the loopholes could see private tenants who have never missed a payment being made homeless if their landlord or landlords mortgage lender needs to sell the property.

The third issue relates to an exemption to the eviction moratorium for social tenants with arrears of more than £2,250. Post-covid this is around one third of the level seen in court actions already underway and well below the threshold where most social landlords give up on securing tenancy sustainment plans.

Shelter Scotland said it would be urging MSPs to amend these provisions in the Bill to ensure the promise of protection from rent rises and eviction is delivered for those most at risk of becoming homeless.

Shelter Scotland also highlighted that this Bill will not address the needs of those people already homeless in Scotland, especially the 8,538 children trapped in temporary accommodation.

Shelter Scotland Assistant Director, Gordon MacRae, said: “At Shelter Scotland we want this emergency legislation to work for those most at risk of losing their home.

“We know that the cost of an eviction in the social sector can be around £24,000. So, it makes little sense to set the exemption at a level of rent arrears well below that at which most social landlords would take a tenant to court.

“Deleting this exemption or raising the threshold would recognise the hard work of tenancy sustainment officers, advice bodies and tenants who work to tackle arrears and avoid costly evictions into homelessness.

“Private tenants must not face homelessness when they have paid their rent, but their landlord has fallen on hard times. During this emergency period sales of properties by landlords or lenders should only be permitted with the tenant remaining in their home.

“Where possible social landlords and Scottish Ministers could offer to buy the property where open market sale is not possible with a tenant in place as part of the Scottish Government’s affordable housing programme.

“We believe amending the bill to protect more families from the risk of homelessness is the right priority during this exceptional time.”

Mr MacRae added: “However, when the ink is dry on this Bill, Scotland’s housing emergency will remain just as grim as it was before. This bill does nothing for the record number of children stuck in temporary accommodation, denied their right to somewhere permanent and safe to call home.

“Focus must now turn to the longer-term spending choices of the Scottish Government. To really tackle the housing emergency Nicola Sturgeon needs to deliver Shelter Scotland’s action plan by buying or building 38,500 social homes by 2026, fully funding local homelessness services and guaranteeing anyone who becomes homeless their right to a home.”

Immediate benefit support for those fleeing the invasion in Ukraine

The Department for Work and Pensions is laying emergency regulations today (Monday 21 March 2022) so those arriving in the UK from Ukraine as a result of the Russian invasion can access Universal Credit and jobs support immediately.

Ukrainians will also be eligible for Housing Benefit, Pension Credit, Personal Independence Payment, Child Disability Living Allowance and Carers Allowance, and Attendance Allowance. Contributions-based Employment and Support Allowance (ESA), and Jobseekers Allowance (JSA) are also available for those Ukrainians who meet the criteria.

Translation services are available to help new arrivals with phone applications, with Work Coaches in DWP Jobcentres on hand to support people making claims online.

DWP staff are also delivering additional face-to-face assistance to those who need it – including tailored support to find work and advice on benefit eligibility – and will continue to do so.

Without the emergency legislation people arriving from Ukraine would be subject to the Habitual Residence Test, meaning they would have to wait up to three months before being able to receive income-related benefits, including Universal Credit.

Secretary of State for Work and Pensions Thérèse Coffey said: “My priority is that people fleeing the unimaginable horrors in Ukraine to seek safety here get the support and help they need from day one to move forward in their lives immediately.

Financial Secretary to the Treasury Lucy Frazer said: “It is vital that families coming from Ukraine can support their children from the moment they arrive, and by adjusting child benefit rules and ramping up our support, the tax system is pivoting to ensure this happens.

Salvation Army Refugee Response co-ordinator Major Nick Coke said: “We welcome the news that Ukrainians coming to the UK will be able to access benefits immediately and for those who are able, help to find suitable work.

“With offices on the ground in Ukraine and the border countries providing emergency food and shelter, The Salvation Army sees first-hand the trauma those displaced by war have experienced.

“It is fitting that they receive targeted help when seeking refuge in the UK.”