Chamber and committees

The State Hospital reported the first symptomatic patient on 16 March 2020. Therefore the relevant ward (which has capacity for 12 patients) was in isolation for 7 days. From 16 – 29 March any ward with symptomatic patients placed all patients in isolation for 7 days in order to protect patient and staff safety and to reduce the spread and transmission of Covid-19. Overall 5 wards were affected.

In response to COVID-19, an interim Clinical and Support Services Operational Policy was implemented on 30 March 2020. The aim was to minimise the risk of viral transmission through a strict physical distancing model, balanced with the need to ensure high quality care delivery and therapeutic engagement. This model resulted in patients self-isolating in their rooms and allowed wards to open.

This pandemic has required the State Hospital to introduce measures to protect patient and staff safety and to reduce the spread and transmission of Covid-19, as far as possible, while balancing the need to ensure high quality care delivery and therapeutic engagement .

All patients in The State Hospital, when not self-isolating or symptomatic of Covid-19, have had the opportunity to access two slots of activity sessions per day for escorted walks, grounds access and clinical interviews, which increased in length over time. In addition to this, many patients were able to participate in therapeutic activities.

The restrictive measures were successful in containing the transmission of the virus and were relaxed on 6 May 2020 and all patients once again have full access to wards and grounds.

I have has had regular discussions with the Interim Chief Executive of the Scottish Prison Service during the COVID-19 emergency which has covered a range of operational maters including the plans for easing out of lockdown. Following their most recent discussion on 25 June 2020, the Scottish Prison Service published its physical distancing guidance and COVID-19 route map. As the document notes, SPS developed the route map in consultation with SPS TUS. This will be an evolving process and subject to continual consultation with TUS and other stakeholders as the prison service progresses the route map throughout the phases.

I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

It is not yet possible to confirm a date for when physical prison visits will resume. SPS has however now published its Operational Planning Route Map which sets out the criteria for how we will seek to reintroduce elements of our regimes, including prison visits. This Route Map is available on the external SPS website at:

https://www.sps.gov.uk/Corporate/Information/covid19/covid-19-information-hub.aspx

SPS’ approach will be fully informed by the latest public health guidance and aligned with Scottish Government’s National Response Route Map. It is currently anticipated that prison visits will resume as Scotland transitions to Phase 3 of Scottish Government’s National Response Route Map.

It should be noted that some flexibility may be required in our approach in order to allow SPS to adapt to the evolving situation in terms of health, risk and staff availability. SPS will continue to engage with those who live and work in our prisons throughout implementation.

The Novel coronavirus (Covid-19) Guidance for secondary care by Health Protection Scotland was made available to all staff at The State Hospital. This included detailed guidance for the management of (a) infection prevention and control and (b) containing patients in their rooms during the Covid-19 pandemic.

Additionally, all staff were advised to follow infection prevention and control measures set out in the National Infection Prevention and Control Manual. The Covid-19 FAQ’s for Practitioners by the Mental Welfare Commission and the guidance for all NHS Scotland workforce staff and managers on Covid-19 was also circulated to all staff.

I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows :

Physical Distancing guidance has been issued to help SPS Staff and Partners understand the reasonable measures they must take to ensure they maintain an appropriate distance from others in the work place. This guidance details the measures that must be taken when it is not possible to maintain appropriate physical distancing and is available at:

http://www.sps.gov.uk/nmsruntime/saveasdialog.aspx?lID=4661&sID=1579

In order to limit the spread of COVID-19, SPS introduced a significant number of restrictions to prison regimes. Details of the restrictions that were introduced are available at:

http://www.sps.gov.uk/nmsruntime/saveasdialog.aspx?lID=4631&sID=1579

Prisons are unique environments, which accommodate many vulnerable people; therefore, measures which differ from those in the wider community may at times be required.

SPS’ key consideration has been to ensure that any changes made are done so appropriately and safely. The health and wellbeing of our staff and those in our care is, and will always be, our main priority.

The published policy memorandum which accompanies the Hate Crime and Public Order (Scotland) Bill details the Scottish Government’s reasoning for the proposed extension of the characteristics protected by the Bill and the evidence which was taken into account to inform this decision.

This includes the responses to the 2019 consultation on amending Scottish hate crime legislation and the published findings of Lord Bracadale’s Independent Review of Hate Crime Legislation in Scotland, which was itself informed by a wide range of sources including independent expert advice, academic research and learning, and extensive consultation.

In recommending the extension of characteristics protected in Scotland’s hate crime legislative framework, Lord Bracadale highlighted why it is important that the criminal law is capable of dealing with hate crime in a way which is distinct from offending which does not have an element of prejudice related to identity. Hate crime legislation helps recognise the particular impact and harm caused by hate crime, making it clear that such behaviour is not acceptable and that it will not be tolerated.

With these principles in mind the Hate Crime and Public Order (Scotland) Bill thus provides for the modernising, consolidating and extending of hate crime legislation in Scotland.

The published policy memorandum which accompanies the Hate Crime and Public Order (Scotland) Bill details the Scottish Government’s reasoning for the proposed expansion of the "stirring up hatred “offences to cover all the listed characteristics covered by the Bill and the evidence which was taken into account to inform this decision.

This includes the responses to the 2019 consultation on amending Scottish hate crime legislation and the published findings of Lord Bracadale’s Independent Review of Hate Crime Legislation in Scotland, which was itself informed by a wide range of sources including independent expert advice, academic research and learning, and extensive consultation.

In considering which characteristics should be included in any extension of stirring up offences, Lord Bracadale noted that in 2007 and 2010 the then UK Government introduced stirring up hatred offences in England and Wales to cover religion and sexual orientation respectively.

In recommending that stirring up hatred offences should be introduced in respect of all characteristics covered by the Bill, Lord Bracadale recognised the distinct nature of stirring up hatred offences and the special capacity for harm that they may cause. Stirring up hatred can contribute to an atmosphere in which prejudice and discrimination are accepted as normal. It can result in entire communities feeling isolated, scared and vulnerable to attack. In the most serious cases, the effect can be that it directly encourages activity which threatens or endangers life. The Scottish Government considers it is vital, therefore, that the criminal law protects people from this type of offending behaviour.

The proposed expansion of the stirring up hatred offences are supported by a wide range of stakeholders including equality groups and a number of faith and belief organisations.