Chamber and committees

Any form of hate crime or prejudice is completely unacceptable. Although the increase in disability and transgender aggravated hate crime may in part be related to a greater willingness among victims to report incidents, we are not complacent and remain committed to tackling hatred and prejudice wherever it occurs. Later this year or shortly thereafter, we will publish our new hate crime strategy, which will set out our priorities for tackling hate crime. To help to drive that, we have established a strategic partnership group, which is chaired by the Minister for Equalities and Older People and includes representation from the Equality Network and Glasgow Disability Alliance.

To quote the chief constable,

“Misogyny, sexism and discrimination of any kind are deplorable. They should have no place in society and no place in policing.”

I welcome the independent report, which has been commissioned by the chief constable and carried out by the Police Service of Northern Ireland. I fully support the review’s findings and recommendations. I expect to see Police Scotland demonstrating progress towards implementation of the recommendations and—to quote the chief constable again—

“to lead a change which improves the experiences of all women … enabling and supporting those who speak up … to be heard without fear of detriment or victimisation.”

In November 2019, my predecessor commissioned an independent review into the response to deaths in prison custody, in recognition of the need for increased transparency and better engagement with families following a death in custody. The review report was published on 30 November last year. On that date, I made a statement accepting in principle all the recommendations that were made by the review. I also made a commitment to provide Parliament with an update on progress made against the recommendations by summer 2022, and I will now honour that commitment.

I wish to begin by refreshing members’ memories of the purpose of the review. Its primary aim was to make recommendations on areas in which improvements can be made in the immediate response to deaths in prison custody by the Scottish Prison Service and the national health service, including deaths of prisoners while in NHS care. The review did that and, most importantly, it highlighted ways in which the response to, and experiences of, families could both be made more consistent and improved, so as to provide prompt answers, transparency and compassion.

The review recommended that two pillars of trauma-informed practice should underpin every interaction with families, at all points along the justice journey, including when a family experiences bereavement through the death of a loved one in SPS care. The two pillars are choice and control. It is my absolute commitment that choice and control, as well as compassion and transparency, will be woven into our justice system so as to better deliver for families.

At the beginning of this year, I held a round table with key agencies and family members who had provided expert views and lived experience to the review, to map what needed to be done to deliver on the recommendations and to gain agreement from all to make the necessary changes at pace. It was agreed by all that there were real benefits to the work being externally led.

In April, I appointed Gillian Imery, formerly Her Majesty’s chief inspector of constabulary, as an external chair to provide independent oversight and leadership for the implementation of all the review’s recommendations. Ms Imery has already met with all relevant stakeholders, and has established a deaths in prison custody action group to oversee and drive forward the programme of work that is necessary to make the suggested improvements to operational practices and to meet the recommendations. The group met for the first time yesterday. Agencies have already indicated early changes to the way that they respond to families and handle deaths in custody internally, with a commitment to making longer-term improvements over the coming few months.

I also met with Ms Imery yesterday, in the first of a series of regular progress updates with her, and I am assured that improvements are being implemented by all agencies. The external chair has committed to publishing a written update in November this year. That will provide on-going transparency to all the important work that is being progressed across this policy area.

I move on to improvements that are being made by agencies. The SPS is piloting an electronic form that allows family members to flag any serious concerns that they might have about the health and wellbeing of a loved one in prison. The form and its submission process have been user tested by third sector partners and prison monitor co-ordinators, which has identified that mental health concerns and suicidality are readily flagged, but physical health concerns are not. The form has therefore undergone additional refinement and will be further tested for efficacy.

The SPS is also seeking to improve early access for prisoners to emergency bells, and for staff to equipment such as ligature cutters and privacy screens. Those practices are being reviewed, and in some instances they have already been actioned. Privacy screens are now in place in the majority of prisons, with the remainder in train to be put in place. Active consideration is being given to the best model for ensuring ready access to ligature cutters, and I am confident that that will be resolved in the very near future.

The SPS is in agreement with the review’s recommendation that prison governors should be the next point of contact with families, after the police, as soon as possible after a death. It has already implemented that as best practice in a number of establishments.

In relation to NHS improvements, the NHS has taken the lead on developing a suite of training packages for NHS and SPS staff, including ones that equip staff with coping skills for responding to deaths in custody. They have also developed a process whereby prison nurses can provide confirmation of death, thus reducing the pressure on the Scottish Ambulance Service. That process has already been cascaded to all health boards, and further training to prison nurses will follow as soon as possible. Linking to that, within the next two months, the NHS will have developed a pathway, agreed with the SPS, that outlines the responsibilities of healthcare and operational staff following a death in custody.

As the head of the systems of criminal prosecution and investigation of deaths in Scotland, the Lord Advocate has responsibility for the investigation of all sudden, suspicious and unexplained deaths. Any decision of the Lord Advocate in that capacity is taken independently of any other person. In my previous statement to Parliament, I explained that the key recommendation would complement the independent investigation by the Crown Office and Procurator Fiscal Service into the circumstances of the death, the information provided to families by the Crown Office in terms of the family liaison charter, and the subsequent fatal accident inquiry, which is presided over by the judiciary. It was made clear that the recommendation around the independent body does not, and should not, replace any of the current inquiry processes. The Lord Advocate agreed in principle with the recommendation, and the Crown Office is providing a contribution as a key stakeholder.

I turn to the key recommendation, which is that an independent investigation should be undertaken into each death in prison custody and carried out by a body that is wholly independent of the Scottish ministers, the SPS, the private prison operators and the NHS.

My officials have constituted a working group of key agencies, the remit of which is to design a gold standard investigative process to review each death, identify lessons to be learned, and provide prompt answers and a single point of contact to families. The Scottish Government and the Crown Office are working closely and collaboratively to ensure that the new approach functions seamlessly in tandem with, and parallel to, existing investigative processes that need to take place when a death in custody occurs. The group is furthermore considering options as to the most suitable independent public body to take on the new approach in the current fiscal climate.

In April, my officials held a round table with the ombudsmen and senior investigators of England and Wales, Northern Ireland and the Republic of Ireland, to hear from them how deaths in custody are investigated in their jurisdictions. The implementation of the key recommendation will bring us in line with those jurisdictions, and there are lessons to learn from them in relation to good practice and key areas to be improved on when we create our own approach. A key takeaway from that meeting was the need for our approach not only to make recommendations but to have the statutory power to enforce them.

I want to ensure that changes that are made to processes when someone dies in custody are meaningful, that they meet families’ expectations, and that they radically improve the response to families when the death of a loved one occurs in prison. However, it takes time to effect meaningful change and, in order for changes to have teeth, they might require to be made in statute, which is dependent on parliamentary timetabling.

It is imperative that, as we move at pace to improve operational processes, we do not lose sight of the fact that, at the heart, we are striving to improve our response to bereaved families. I want to be clear that I regard families as our most important stakeholders, as key consultants as we progress with implementing the recommendations and as co-designers of the new investigative process.

I am adamant that we will consistently deliver a trauma-informed and compassionate service only when we afford families the twin loci of choice and control. I wish to reiterate my commitment to giving that choice and control to families at each and every touch point with public agencies—Police Scotland, the SPS, the NHS, the Scottish Government and the Crown Office—when a family experiences loss through a death in prison custody.

That is exactly our intention. It has to be remembered that our prisons deal with some of the most vulnerable people in society, and there is no getting round the fact that, for most people, being put in prison is a traumatic thing to happen.

I am absolutely committed to making improvements to the response to, and the experience of families who are impacted by, a death in custody. It is a family member, not the family, who has been sent to prison. As Pauline McNeill said, we must provide them with prompt answers and ensure that a compassionate approach is taken. That is why we have commissioned independent reviews into the provision of mental health services to young people in Polmont prison and into responses to deaths in custody. As I have mentioned, I have appointed Gillian Imery as the external chair to oversee the work on the implementation of the recommendations.

We have undertaken a number of initiatives in relation to data. I have mentioned, in relation to advising people of such deaths, that information will be put up on the Scottish Prison Service website. We must make sure that that information is collated and that the data is used. That will be looked at by the working group as part of the work that is being done by Gill Imery, so I expect to be able to give more information on how we can improve data in a future statement.

If the member wants to write to me with the detail, it might be something that I could raise with the UK Government.

The police negotiating board’s process is on-going in relation to police officer pay for 2022-23. In line with police negotiating board protocols, it is not appropriate for me to comment on that. The Scottish Government is, of course, involved in officer pay negotiations, alongside the Scottish Police Authority and Police Scotland, as part of the PNB’s official side. Police staff pay is negotiated under a separate process to officer pay, and it is a matter for the Scottish Police Authority and Police Scotland, in consultation with trade unions, at their joint national consultative committee.

I agree with Jamie Greene’s point. It is shocking to see the rises in hate crime, particularly crime against people with disabilities. We recognise that not all incidents of hate crime come to the attention of the police. We engage with the police and the Crown Office, not least in relation to “Tackling Prejudice and Building Connected Communities Action Plan: Overview of Implementation”, which showed encouraging progress in raising awareness and encouraging reporting of hate crime, including through execution of the annual public awareness campaigns that we undertake with partners.

As we work to develop a new hate crime strategy with the partners that Jamie Greene mentioned, we will consider how to build on the progress that has been made on tackling barriers to reporting, including third-party reporting, to ensure victim support and further confidence.

I have substantially responded to the points in answer to Daniel Johnson’s question, but I would say the same to Russell Findlay. I am happy to meet him. I do not know the proprieties of meeting someone else who might have a current case against Police Scotland, but I am willing to look into that and come back to the member if it is possible to do so.

I agree with the point about making sure that rhetoric is reflected in reality, but I have faith that the members of Police Scotland’s senior management team are committed to this work, whether that is through the report that was produced by the Police Service of Northern Ireland or through the recommendations of Dame Elish Angiolini’s review. They are committed to driving out those behaviours and I want to support them in doing that. If, after discussions with Daniel Johnson and Russell Findlay, there are further suggestions, I am happy to take those to Police Scotland.

I think that Pauline McNeill’s first point was about whether general health concerns rather than suicidality or mental health concerns are properly recorded. I tried to make the point that a new electronic process has been developed and, during the course of its development, it was found that it was not doing exactly what Pauline McNeill has asked for. That process is now being changed to make sure that general health concerns are also recorded.

On whether families can have full confidence in the process, that is what we are aiming to achieve, but we have something more basic to achieve before we get to that, which is to give families the courtesy of basic information whenever it is possible to do so. I am the first to concede that that has not always happened in the past. That is our intention.

On time limits, which goes back to Jamie Greene’s questions, it will be about trying to make sure that the two processes that might apply are dovetailed as far as possible. Our aim is to make sure that, especially in straightforward cases, the information that is available can be passed on to the family as quickly as possible. That is the intention. I also think that victims should have similar notification, and that has been addressed by some of the recommendations that the SPS has already taken forward by publicising on its website the fact that somebody has died in prison. Those are our aims and what we are trying to do.