Criminal Justice Committee
The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2022
Letter from the Convener, Criminal Justice Committee to the Scottish Prison Service, 25 February 2022
Dear Ms Medhurst
Thank you for providing evidence to the Criminal Justice Committee on 23 February on the provisions of the Covid Recovery and Reform Bill and the proposed Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2022.
The Scottish Government laid this instrument on Friday, 25 February. To inform the Committee’s scrutiny of the proposal for a further 6-month extension of powers for prison Governors, it would be helpful if you could please provide some further information.
When the Committee considered the previous request for an extension of 6 months, we sought confirmation of how the implementation of these powers would be monitored to ensure that they are used in a consistent and proportionate way in line with wider health guidance, and to meet human rights requirements.
The Scottish Prison Service confirmed that external monitoring is carried out by Her Majesty’s Chief Inspectorate of Prisons for Scotland (HMCIPS) through their remote monitoring framework and on-site liaison visits. In her response to the recent targeted consultation, the Chief Inspector raises concerns about whether this proposal will meet human rights requirements and with the lack of specific consideration given to children and young people. The Inspector also requests that the powers used be reported on transparently and regularly with clear and sufficient justification.
It would assist the Committee in scrutinising the forthcoming instrument if you could please provide data on the use of these powers to date, any evaluation of the impact of the use of the powers, and how this is monitored to ensure that restrictions are imposed only as a last resort and when absolutely necessary. Could you also please provide a copy of the responses you received as a result of your recent consultation on extending the powers for a further 6 months?
Finally, in light of concerns which have been raised about the transparency around the use of the powers, are there any plans to make improvements to the information which is made publicly available about the occasions in which the powers are used in the future?
In your evidence to the Committee, you confirmed that the ongoing measures are in line with the most recent COVID public health guidance for prison settings. This guidance is dated July 2021. Could you please confirm whether this is the guidance that is being followed by the Scottish Prison Service or whether there is more up to date guidance available that reflects the most recent advice on dealing with COVID-19?
If this information could be provided by Thursday, 3 March, that would be much appreciated.
Thank you for your consideration of the above points and I look forward to hearing from you.
Yours sincerely