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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 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." |