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‘Slopping out’, segregation and prisoners’ rights: headlines and links from 2004

2011 September 26
by Mary Munro

Slopping out imageUpdate

“Slopping out case: Scottish prisoners in line for £3.5m payout” Telegraph

Following posted on 3.9.11

“Slopping-out: taxpayer faces hundreds of new lawsuits” Scotsman
“”Slopping out” cases not time barred, appeal judges rule” Law Society Journal Online

Following posted on 18.5.11

“Criminals pocket £8m of taxpayers’ cash for ‘indignity’ of slopping out “ Scotsman

Following posted on 13.5.11

“Rapists win damages over prison toilet facilities” Evening News
“Outrage as rapists win payouts in new ‘slopping out’ row” Express
“Sex offenders in £500 pay out over slopping out in prison” STV
“Peterhead residents “appalled” at prisoners’ compensation payout” STV
“Prisoners win slopping out case at Peterhead Prison” BBC
“Vile sex offender cons to get payouts for having to slop out” Daily Record
“Inmates win slopping out case” Law Society Journal Online

Following posted on 11.11.09

“Slopping out claims to hit £1m” Evening News

Following posted on 29.10.09

“Prison service denies facing £50m claims bill” Press and Journal
“Prisoners set to pocket £50million in slopping out row” Express
“Slopping out bill this year could exceed £50 million” STV

Following posted on 22.6.09

“New law to end prisoner payouts” BBC
“£50m to be saved by bill to reduce prisoners’ claims” Herald
“Law imposing time limit on slop–out claims passed” Law Society Journal Online
“Society calls for debate on emergency bill” Law Society Journal Online

Following posted on 06.05.09

“MSPs back move to avoid £50m payout to prisoners” Herald
“Society backs time limit on human rights claims” Law Society Journal Online

Following posted on 30.03.09

“Bogus slopping out claims may have cost six figure sum” Sunday Herald

Following posted on 20.03.09

“Prisoners may face claw–back with B&B bills” Courier
“Prisoners’ bed and board payments blasted” Daily Record
“Plan to charge prisoners for bed and board” Herald
“Lawyer warns bed and board charge is a ‘non–starter’” Press and Journal
“Emergency law to halt inmates’ court payouts for slopping out” Guardian

Following posted on 19.03.09

“Agreement on slopping–out compensation reached by Governments”
“New laws aim to block payouts to prisoners for slopping out” Daily Record
“Deal struck to close slopping–out claims loophole” Herald
“£50m could be saved by move to limit slopping–out claims – MacAskill” Scotsman
“I’ll stop cons getting flush” Sun
“Deal to end slopping out payments” BBC
“Counting the cost of slopping out” BBC
“Fast–track policy change to prevent costly Scots prisoner cases” STV
“Deal to end slopping out payments for prisoners” Law Society Journal Online

Following posted on 13.03.09

“Peterhead Prison’s sanitation system defended by Salmond” Press and Journal
“Slopping out claims force Scots to press for UK action” Press and Journal
“Murphy vows to help find ‘slopping out’ solution” Scotsman
“Westminster to work with Holyrood to limit slopping out claims” Law Society Journal Online

Following posted on 12.03.09

“Slopping out millions ‘must stop’ “ BBC
“Slopping out compensation ‘untenable’” STV
“Salmond hits out at ‘grotesque’ compensation to prisoners” STV
“Race to block £50m slop out loophole” Courier
“Alex Salmond hits out at ‘grotesque’ slopping out payments to prisoners” Daily Record
“Salmond bid to save £50m in prisoner payouts” Herald
“Slopping out compensation bill continues to escalate” Herald
“Bid to save £50m over jail payouts” Evening Times
“Convicts’ £50m ‘human rights’ pay–out facing the axe” Scotsman
“Slop dash” Sun
“£50m set aside for prisoner payouts (Radio 4 Today interview with Tony Kelly and Kenny MacAskill)” BBC

Following posted on 26.6.08

“Scottish Government calls on Westminster to close legal loophole” Holyrood com
“Plea over slopping out payments” Herald
“Close human rights timebar loophole: MacAskill” Law Society Journal Online

Following posted on 25.02.08

“Prisoners buy drugs thanks to ‘compie'” Courier

Following posted on 06.02.08

“Costs of slopping-out debacle £4m and rising” Herald
“Why 42 days in prison will end up costing government millions” Herald

Following posted on 29.10.07

“The time has come to ‘clean up’ our Human Rights Act” Scotsman. Article by Lord McCluskey.

Following posted on 26.10.07

“Scots ministers seek talks over cost of human rights ruling” Herald
“Prisoners win right to sue over slopping out” Daily Record

Following posted on 25.10.07

“Jails ruling opens way for human rights cases” Herald
“Short-sighted strategy” Herald
“Slopping out cash that was diverted away from prisons” Herald
“Prisoners’ pay-outs set to rise to £70m” Scotsman
“Law Lords rule on prisoner rights” BBC
“Lords’ ruling extends reach of slopping out cases” Law Society Journal Online

Following posted on 06.11.06

“Ruling may curb prisoner slopping out cases” Herald
“Human rights for all” Herald

Following posted on 23.10.06

“£58m slopping out compensation bill ‘entirely avoidable fiasco’ “ Herald

Following posted on 25.9.06

“£13m slopping-out ‘myth'” Herald

Following posted on 18.9.06

“Slopping out compensation offer from SPS” Law Society Journal Online
“Prisoners suing over slopping out offered £2,000 deal” Scotsman
“SPS proposes ‘slopping out’ settlement”
“Slopping out payments to be made” BBC
“Prisoners offered £2,000 compensation for slopping out” STV
“£2000 payout per prisoner in slopping out dispute” Saturday’s Herald (not online).

Following posted on 23.2.06

“Prison officers set to sue for supervising slopping out” Evening News

Following posted on 15.8.05

“Victims to win rights on slop-out cash paid to prisoners” Scotsman
“Crime victim ready to halt gravy train” Sunday Mail 14.8.05
“Now prison officers to sue over slopping out” Times

Following posted on 5.8.05.

“£44m slopping out fiasco has one root cause: incompetence” Times
“Prisoners could now be sued by victims” Grampian TV
“Victims could claim prisoners’ slop-out cash” Scotsman
“Should prisoners get cash pay-outs for slopping out?” Scotsman
“A windfall for the victims of slopping out?” Scotsman

Following posted on 3.8.05

“Slopping out payments forecast to soar”
“£44m to pay for slopping out cases” Daily Record 3.8.05
“Slopping out bill could hit £44m” Courier
“Slopping out payments could cost taxpayers £44m” Evening News
“Slopping out bill could top £44m” Evening Times
“Slopping out cash for prisoners increases to £44m” Herald
“Prison failure leaves taxpayer with £44m bill” Scotsman
“Money down the pan, except for prisoners and lawyers” Scotsman
“Executive must continue fight on slopping out” Scotsman. Article by Lord McCluskey.
“The price of sloppy indecision on prison sanitation” Scotsman
“Scottish prison chiefs reveal soaring cost of slopping out” Times
“Slopping out bill rises to £44m” BBC
“More cash earmarked for prisoners claims” Grampian TV
“Increase in prison slopping out compensation fund” Scottish TV

Following posted on 10.6.05

“80 years of slopping out flushed away at jail” Evening News
“£25m prison block opens. Slopping out has ended at Edinburgh Prison” Law Society Journal
“Prison stops slopping out” Daily Record

Following posted on 10.3.05

“Slopping out payments for inmates “ BBC
“Slopping-out damages to be paid “ Scotsman
“Legal history made by slopping out legal bids” Evening Express
“Cash deal for cons in slopping out cases” Daily Record
“Legal history made in prisoner claims” Scottish TV

Following posted on 2.3.05

“Record 42 advocates will fight slopping out cases” Herald
“Courts to hear slopping out cases “ BBC

Following posted on 11.2.05

“Prisoners’ rights? What a potty idea “ Evening News 14.2.05.
“Slopping-out prisoners ‘to sue for £100m’ “ Scotsman
“Slopping out appeal failure clears way to bill of millions” Herald
“Government loses slopping-out compensation appeal “ Scottish TV
“Appeal against slopping out rejected “ Grampian TV
“Ministers lose slopping out case “ BBC
“Executive loses jail slopping out appeal” Evening Times

Following posted on 8.1.05

“Appeal over slopping out ruling” BBC
“Appeal against slopping out legislation” Grampian TV
“Appeal on slop-out payment launched” Daily Record
“1,000 to sue over slopping out” Scotsman

Following posted on 29.11.04

“Dirty money: prisoners will get £7K for slopping out” Sunday Mail 28.11.04.

Following posted on 21.10.04

“Prisoner payouts could cost taxpayer £162m” Herald
“Banged to rights on prisons” Herald Editorial
“Row over jail compensation funds” BBC
“Over £160 million earmarked for slopping out compensation” Scottish TV
“Fury at £162m for slopping out claims” Evening Times
“£162m cons set for huge payout from courts” Daily Record
“Drug dealer claims Perth Prison cells are degrading “ Perth News

Following posted on 19.10.04.

“Convicts who sue cost public £1m “ Scotsman
“Drug dealer sues prison service “ Courier 16.10.04.

Following posted on 6.8.04

“Barlinnie Prison ends ‘degrading’ slopping out” Scottish TV
“Slopping out axed after 120 years at Barlinnie” Evening Times
“Slopping out comes to end at Glasgow prison” Times
“Slopping out ends in Bar-L Daily Record
“Slopping out ends at Barlinnie” BBC
“Inmates lose ‘slopping out’ claim” BBC
“Slop-out inmates in legal setback” Daily Record
“Inmates lose fight to stop slopping out” Evening News
“Judge dismisses prisoners’ fight against slopping out” Scotsman
“Saughton seven must continue to slop out after plea is rejected” Herald

Following posted on 9.7.04

“Prison 7 in slop-out court fight” “Seven prisoners – including a convicted rapist – have launched damages claims totalling £87,000 in the first major challenge to the Scottish prison regime following an inmate’s victory in a “slopping out” case.” Evening Times
“Now seven sue over slopping out in jail” “Seven prisoners are seeking a total of £87,000 compensation in the first major legal challenge to follow an inmate’s landmark victory over the regime of “slopping out” in Scottish prisons.” Times

Following posted on 5.7.04

“Prisoners reap reward of slopping-out crisis: Convicted rapists, drug dealers and violent attackers are among the hundreds of Scottish prisoners who will have their home leave extended to as much as two weeks a month, Scotland on Sunday can reveal. . .” Scotsman
“Prisoners given more home time: Scottish prisoners will have their home leave extended by up to two weeks a month to minimise the use of cells without proper sanitation and reduce the risk of compensation claims. . .” Times

Following posted on 10.6.04

“The executive faces further compensation claims” BBC
“Executive wins fight to appeal over slopping out case” Scottish TV
“Slopping out appeal goes ahead” Evening Times 9.6.4.
“One call might have prevented fiasco” Courier
“Slop-out appeal allowed despite blunder” Scotsman
“Executive can appeal slopping out decision” Herald
“Executive gains time to challenge slop-out ruling” Times

Following posted on 9.6.04

“Prisoners suing over slopping out could halt appeal” “[. . .] The Scotsman has learned that lawyers have been granted an Extract Decree, which will lead to more red tape and court hearings that could drag on for two years, heaping further embarrassment on government ministers . . .” Scotsman

Following posted on 8.6.04

“Reliance questions for minister” BBC
“Legal catch-all will help spare the Executive’s blushes: [. . .] It is highly unlikely any judge would decide not to use his discretion to allow the appeal to be lodged late. . .” Scotsman
“Under fire Justice Minister misses deadline” Grampian TV
“Jamieson tries to pass buck on slopping out” Courier
“Jamieson rapped in slop-put blunder” Daily Record
“Executive still in chaos over slopping out” Scotsman
“Jamieson blames law staff for gaffe” Herald
“Slopping out row minister accused of passing buck” Times

Following posted on 7.6.4.

“Minister angry over appeal error” BBC
“Executive fails to lodge appeal against slopping out case” Scottish TV
“Jamieson blasts slop-out blunder” Evening Times
“Slopping out court appeal blunder” BBC
“Anger at appeals fiasco on slopping out cons” Sunday Mail
“McConnell courting disaster on appeal” Herald
“Falling down on the job: . . . No amount of inquiries and investigations can mask the fact that the executive is not on top of the job, especially in the area of criminal justice. . .” Herald Editorial
“Executive miss slopping out appeal deadline” Sunday Herald
“Fury over slopping out appeal error” Sunday Post
“Convicts set for pay day over executive legal gaffe” Sunday Times

Following posted on 31.5.04

“Prison officers set to sue over slopping-out” Sunday Post
Warders in slop bid” Daily Record
“More prisoners claim compensation for slop-outs” Scotland on Sunday

Following posted on 26.5.04

“Slop out court bill set to hit £500k” Daily Record
“Executive faces £1m legal bill over slopping out “ Scotsman

Following posted on 13.5.04

“Cons in slop-out scam” Daily Record 14.5.04
“Appeal over slopping out ruling” BBC
“Minister to appeal slop-out judgment” Courier
“Cons get freed to stop slop” Daily Record
“Prison release bid to head off slop-out cases” Scotsman
“Slopping out appeal” Herald
“Slop out ruling goes to appeal” Times

Following posted on 3.5.04

“Executive set to appeal slopping out judgment: The Scottish Executive is set to appeal last week’s judgment . . .”> Estimates have suggested the Executive could face a total bill in excess of £3 million if the ruling is upheld, and ministers have called crisis talks with legal advisers tomorrow to discuss the situation . . .” Sunday Herald
“Prison criris: Executive may face thousands more claims: The crisis over the landmark legal ruling on “slopping out” in Scotland?s jails intensified last night. . .” Scotsman

Following posted on 30.4.04

b”>”Bill for slopping out could be a lot higher: The bill for compensating prisoners forced to slop out is expected to rise dramatically after a new court ruling that effectively removes time restrictions from human rights cases. . .” Herald 30.4.04
“Blame prison stink on sloppy thinking” BBC
“McConnell defends reallocation of prison funds: Jack McConnell yesterday issued a robust defence of the Scottish Executive’s failure to end slopping out in Scotland’s prisons, saying the money had been spent on the war against drugs. . .” Scotsman
“Wallace slop-out slip-up”. Daily Record

Following posted on 28.4.04

“Prison upgrade funds spent in drugs fight: Jack McConnell was at the centre of Scotland’s “slopping out” fiasco last night, after it emerged he had been involved in a decision to “re-allocate” funds originally destined to improve sanitation in the country?s prisons . . .” Scotsman

Following posted on 27.4.04

“Evidence behind the landmark judgement” Press and Journal
“MSP’s warning over slopping-out victory” Evening Times
“Former prisoner wins legal battle over slopping out: But in an exclusive interview, Robert Napier’s victim has told Scotland Today she is outraged a Judge awarded compensation for outdated toilet facilities he described as “inhumane and degrading.” . . .” Scottish TV
£3M jail slops payout” Daily Record
“Sloppy justice: Armed thug wins bigger payout than robbery victim.” Daily Record
“Degrading practice facing Scots inmates.” Daily Record
“Prison ruling paves way for costly claims: A landmark legal judgment, which ruled that the practice of “slopping-out” breaches a prisoner?s human rights, could pave the way for thousands of compensation claims costing the taxpayer millions of pounds, it emerged last night. . .” Scotsman
“Judge’s slopping out ruling”. Herald.
“An outdated practice: The judgment was as unequivocal as it was damning. The conditions under which the prisoner was detained had damaged his human rights and dignity, and had caused him to feel anxious, anguished, inferior and humiliated. . .” Herald Opinion

Following posted on 26.4.04.

“Prisoner wins ‘slopping out’ case: The Scottish Executive is facing huge compensation claims after a judge ruled that “slopping out” in jails amounted to degrading treatment. In a judgement to be delivered later on Monday, Lord Bonomy has awarded £2,400 to a prisoner at Barlinnie Jail in Glasgow . . .” BBC

Following posted on 1.3.04

“£13m could have averted huge slopping out bill: The Scottish Executive faces a compensation bill of hundreds of millions of pounds, part of which could have been avoided if Jim Wallace, the former justice minister, had not agreed to divert £13m from the prison budget.In the next month, Lord Bonomy is expected to return his decision on the case of Robert Napier, the prisoner who claims his human rights were breached by the poor conditions and continued use of slopping out in Barlinnie. . .” Herald
“Long fight against ‘degrading and inhuman’ punishment?” Herald
“Prisoners set to sue for millions: Scots prisoners will lodge compensation claims worth a total of hundreds of millions of pounds later this month if a judge rules slopping out breaches human rights . . .” Evening Times

Press releases

“Legal loophole for prisoners closed” Scot.Gov. (June 2009)
“Compensation for prisoners” Scot.Gov.
“Scotland Office moves to close Somerville loophole” Scotland Office 19.3.09
“Somerville: Joint Statement from Secretary of State and First Minister” Scotland Office
“Law society questions the process but not the proposal for changes to Scottish human rights claims” Law Society

“Human rights loophole” Scot.Gov. (June 2008)

“Slopping out ends at Edinburgh prison” Scot. Exec. (June 2005)
“Minister for Justice opens new health care and education centre at HM Prison Edinburgh” SPS

“Slopping out ends at Barlinnie” Scot. Exec.(Aug. 2004)

“Action on slopping out” The Executive confirmed today that it is to lodge an appeal against Lord Bonomy’s judgement in the Napier case . . .” Scot. Exec. (May 2004)
“Napier judgement on prison conditions: The Executive has today given its initial reaction to the judgement of Lord Bonomy in the Napier case concerning slopping out in prisons. . .” Scot. Exec. (April 2004)

See also

Docherty, Philbin and Logan v Scottish Ministers (September 2011)
Robert Greens, Robert Stanger, Thomas Wilson for Judicial Review (May 2011)

Bill Aitken (Glasgow) (Con): To ask the Scottish Executive how many human rights cases are pending against the Scottish Prison Service, broken down by type of claim.

Scottish Parliament Official Report 18.6.09: Convention Rights Proceedings (Amendment) (Scotland) Bill (emergency legislation)
Convention Rights Proceedings (Amendment) (Scotland) Bill (passed 18.6.09)
Scottish Parliament Justice Committee Official Report 5.5.09: Scotland Act 1998 (Modification of Schedule 4) Order 2009 (Draft)
Scottish Parliament Justice Committee Minutes 5.5.09 (including SPICe briefing and draft order)
Letter from Chair of Calman Commission to SOS Scotland on Somerville v Scottish Ministers 19.3.09.

Opinion of the Court: Petitions of Somerville, Cairns, Ralston, Blanco and Henderson 3.11.06
House of Lords Judgement 24.10.07. Somerville (AP) (Original Appellant and Cross-respondent) v. Scottish Ministers (Original Respondents and Cross-appellants) (Scotland) Etc

Robert Napier v Scottish Ministers (10.2.05)
Opinion of Lord Bonomy in Petition of Robert Napier (AP) Petitioner; against The Scottish Ministers Respondents: for Judicial Review of a decision to continue to detain the Petitioner in inhuman and degrading prison conditions contrary to Article 3 et separatim Article 8 of the European Convention on Human Rights.
Court of Session. Robert Napier v. The Scottish Ministers for Judicial Review, 26th June 2001

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