Ministers want to prevent a public watchdog from scrutinising parole board officials who make key decisions on the release of offenders.
The Commissioner for Ethical Standards in Public Life in Scotland (CESPL), which ensures that able candidates are appointed to public boards without bias, will no longer scrutinise board appointments under reforms put forward by the Scottish government.
The watchdog would be excluded at a time when the pool of eligible candidates will be widened from the current prescribed list of learned and experienced professionals — and when the decision to return a convict to jail may soon be taken by a single board member.
A government consultation states: “We believe that the parole board’s inclusion in the commissioner’s remit is anomalous.
“CESPL mainly covers the appointment of members to the management boards of certain public bodies.
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“We propose to remove the Parole Board, from the remit of CESPL.”
Board members are appointed for about six to seven years, with no opportunity for reappointment, and all members must be under the age of 75. The reforms could lead to renewable five-year terms and remove the upper age limit.
Ministers also want to widen the candidate pool — which must include a lord commissioner of justiciary, a registered psychiatrist and experts in prisoner supervision and the causes of delinquency or the treatment of offenders.
The reforms will empower “suitably qualified professionals”, such as social workers, health workers or police, to report parole breaches directly to the board — without the need for referral to ministers — to ensure that wayward convicts are returned to jail swiftly.
At present, a decision on returning a convict to prison must be taken by two, and sometimes three, board members, but ministers believe that individual members should be able to make unilateral decisions without consulting the rest of the board.
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The consultation states: “We are proposing that if there is an imminent risk of serious harm to the public, a single parole board member can take a decision to recall.”
Michael Matheson, the justice secretary, said that parole board decisions are “based on a thorough consideration of risk”.
“The members of the Parole Board for Scotland who make these decisions are drawn from a variety of backgrounds and their experience, skills and independence are central to the success of the Parole Board for Scotland,” he said.
“This government has committed to improve the effective rehabilitation and reintegration of people who have committed offences.”
Claire Baker, the Scottish Labour justice spokeswoman, called for clarity.
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“The commissioner plays an important scrutiny role, and therefore the justification for this change must be made clearer,” she said.