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Chamber and committees

Question reference: S7W-00561

  • Asked by: Carol Mochan, MSP for South Scotland, Scottish Labour
  • Date lodged: 27 May 2026
  • Current status: Answered by Neil Gray on 9 June 2026

Question

To ask the Scottish Government what action it is taking in response to recent findings from the HMP Kilmarnock inspection report, which found that 223 cells designed for single occupancy had been converted to double occupancy due to overcrowding, and on 22 May 2025, 38 of these cells were being shared by convicted and remand prisoners, contrary to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).


Answer

I welcome the report on HMP Kilmarnock from His Majesty’s Inspectorate of Prisons for Scotland (HMIPS), in particular their acknowledgement of good practice and that the transfer from private into public ownership was done in a safe and controlled manner.

I recognise that, faced with the context of the current prison population, HMP Kilmarnock has experienced challenges as seen across the Scottish Prison Service (SPS) estate. All SPS establishments have been required to make operational decisions that maximise available space in order to accommodate a rising and complex prison population.

The wellbeing of those in SPS’ care remains paramount, and in all instances, consideration is given to factors such as social care needs, risk presentation and the classification of prisoners.