Statement on Criminal Justice and Licensing Bill

The most difficult decision I have had to make as an MSP took place on Wednesday 30th June.

I believe knife crime is a hugely important issue and one I have discussed with a number of constituents, particularly over the past year. I have met with knife crime campaigners and followed the campaigns closely.

After listening to the debate, I voted against the Labour proposals for a few reasons.

Firstly, the professionals who work in the justice field have said that they do not believe that mandatory sentences work. This includes Chief Constable of Strathclyde Police, Stephen House who said, "I cannot sign up to [the idea that] everybody who carries a knife should be locked up...We have to deal with the possession and use of knives sensitively and intelligently, rather than in a dramatic, headline-grabbing way that sounds like the obvious answer.", and John Carnochan of the Violence Reduction Unit said, "What we should be looking at is not mandatory sentencing, but mandatory rehabilitation." Sheriff John Herald of Greenock Sheriff Court also commented, "There are times where campaigners wanting mandatory sentences for people found in possession of knives do not understand that all cases must be looked at and considered on their own merits." I believe that we should listen to the experts in the field when coming to important decisions like this.

Secondly, there is no evidence anywhere that proves mandatory sentencing works. All the evidence from across the world has demonstrated that mandatory sentencing does not act as a deterrent to crime. It does not tackle the root of the problem.

Thirdly, under the Scottish Government more people are already going to prison and for longer as compared to when Labour and the Lib Dems where in power. Detection rates of knife carriers are higher due to more stop and searches being carried out by police, there are more police officers on our streets than ever before and crime rates are at a 30 year low. The actions of the Scottish Government are working, although there is still a long way to go. However, ultimately, the Scottish Justice System has been strengthened by the SNP Government. And the facts prove it:

- Knife detection rates UP.
- Imprisonment for knife related offences UP.
- Police numbers UP.
- Crime rates DOWN and at a 30 year low.

All achieved by the SNP Government, none of it achieved by Labour in government.

Finally, I do not believe the proposals brought forward by the opposition were actually mandatory. The Labour proposals included the line 'impose a sentence of imprisonment of at least 6 months unless the court is of the opinion that there are exceptional circumstances'. The inclusion of the words ‘exceptional circumstances’ clearly indicate that it is not mandatory and that the sheriff would still have the final say. In effect, having the same end result as now.
I am appalled by the way that Labour have been misleading the public over their stance on mandatory sentencing, particularly as this topic is so emotive and must be handled with extreme care. The phrase, 'exceptional circumstances', opens up an avenue for any defence lawyer to attempt to justify why their client had the knife/bladed implement in the first place. This therefore means that going to prison for carrying a knife would not automatically have happened.

There are other reasons for not doing this which have not played a major part in the debate so far, and quite rightly so. The main one is the cost of introducing a mandatory sentence. It costs £120m to build a new prison and then there are the annual running costs on top of this. The Scottish Budget was cut last year and will be cut for many years to come to deal with the crippling UK debt, therefore the building of new prisons to accommodate mandatory sentencing would have to come from existing budgets. Would this mean the health budget being cut? Would this mean the education budget being cut? Or would this mean some 3,000 fewer police officers on the streets to pay for it? The value of a life is far more important than the cost of a policy, but as Labour and the Tories have been misleading the population on this issue, then it is valid to consider the costs of the mandatory sentences, and not what was proposed.

Some issues do become political footballs but this was one that should never have. The campaigners who have campaigned with dignity deserve every credit as their actions have, I am sure, highlighted to the sheriff's that this is something that must be tackled. More people are going to prison and for longer, and longer than 6 months. I do not know whether this would always have been the case without the dedication of the campaigners.

I am quite sure the debate on knife crime will continue and that many people will be disappointed with my decision. I do however need to take a decision based on facts and evidence and not the misinformation peddled by Labour and the Tories. If the campaigners have been let down by anyone, they have been let down by Labour and Tory MSPs. Labour had 8 years in Parliament to champion this cause but did nothing, presumably getting the same advice that the Scottish Government is getting now. Are they really trying to make the campaigners believe this is the first time they have thought about doing this? If so, what on earth has stopped them in the past?

Stuart McMillan MSP