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Deal to end slopping out payments Deal to end slopping out payments
(about 3 hours later)
A deal has been struck between the UK and Scottish governments which will stop criminals receiving compensation for slopping out.A deal has been struck between the UK and Scottish governments which will stop criminals receiving compensation for slopping out.
Thousands of prisoners have made backdated claims that their human rights were breached by being denied proper toilet facilities in jail.Thousands of prisoners have made backdated claims that their human rights were breached by being denied proper toilet facilities in jail.
Emergency laws are to be rushed through Westminster and Holyrood to introduce a one-year time bar for such claims.Emergency laws are to be rushed through Westminster and Holyrood to introduce a one-year time bar for such claims.
This restriction already exists in England and Wales.This restriction already exists in England and Wales.
In Scotland, slopping out cases for 3,700 prisoners have already cost £11m, after a judge ruled their human rights had been breached by slopping out their prison cell toilets.In Scotland, slopping out cases for 3,700 prisoners have already cost £11m, after a judge ruled their human rights had been breached by slopping out their prison cell toilets.
A further £67m, which had been set aside for payouts, could now be saved because the UK Government has agreed to temporarily extend Holyrood's powers, allowing Scottish ministers to close the loophole. A further £67m had been set aside for payouts, after the House of Lords ruled in 2007 that the 12-month time bar on backdated claims did not apply in Scotland.
Scottish Secretary Jim Murphy said: "I met with the first minister last week and he asked for help to fix this.
It seems the proposed legislation doesn't seek to simply exclude cases by prisoners, but also in respect of anyone claiming a human rights breach Tony KellyLawyer
"We will rush new laws through the Commons and the Lords to give new temporary powers to the Scottish Parliament to close this loophole.
"I would expect every party to work together to make sure this happens."
As well as bringing forward the order at Westminster to enable Scottish ministers to change the law, Mr Murphy was said to be "determined" to legislate at a later date for a permanent solution.
However, lawyer Tony Kelly accused the Scottish Government of being sore losers, and said other human rights claims could be caught up in the change.
"It seems the proposed legislation for the Scottish Parliament doesn't seek to simply exclude cases brought in the future by prisoners and criminals, but also in respect of anyone claiming a human rights breach," he said.
"The draft legislation made no difference between prisoners who claimed a breach of their human rights and claims which perhaps would be viewed by the public as much more deserving, from people who are mentally ill or learning disabled.
"They will also be caught in this one-year time bar if they seek to sue Scottish ministers."