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New law to end prisoner payouts New law to end prisoner payouts
(1 day later)
Emergency legislation to stop criminals receiving compensation for slopping out their cells will be voted on at Holyrood later. Emergency legislation to stop criminals receiving compensation for slopping out their cells has been passed unanimously by the Scottish Parliament.
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.
The new law will impose a one-year time bar on compensation claims, in line with the law in England and Wales.The new law will impose a one-year time bar on compensation claims, in line with the law in England and Wales.
In Scotland, slopping out cases for 3,700 prisoners have already cost £11m.In Scotland, slopping out cases for 3,700 prisoners have already cost £11m.
The Scottish Government has set aside a further £67m for future payments, but that could be cut by £50m by the new law.The Scottish Government has set aside a further £67m for future payments, but that could be cut by £50m by the new law.
Justice Secretary Kenny MacAskill told MSPs the move was necessary to prevent future claims.
Degrading treatmentDegrading treatment
He said: "The Scottish Prison Service had to set aside £67m of public funds to meet claims for doubled-up slopping out, over £11m of which has already been paid out.
"The bill would enable us to draw a line under that liability as well as providing protection against indefinite exposure to future claims arising from alleged breaches of Convention rights."
A judge ruled in 2004 that a lack of toilet facilities at Barlinnie jail in Glasgow amounted to "degrading treatment", paving the way for thousands more compensation claims.A judge ruled in 2004 that a lack of toilet facilities at Barlinnie jail in Glasgow amounted to "degrading treatment", paving the way for thousands more compensation claims.
Three years later, the House of Lords ruled that the 12-month time bar on compensation claims that existed elsewhere in the UK, did not apply in Scotland.Three years later, the House of Lords ruled that the 12-month time bar on compensation claims that existed elsewhere in the UK, did not apply in Scotland.
Prisoners were able to back date claims to the introduction of the Human Rights Act in 2001. Prisoners were able to backdate claims to the introduction of the Human Rights Act in 2001.
The Scottish and UK governments agreed earlier this year on joint action to end the legal anomaly. Earlier this year the Scottish and UK governments agreed on joint action to end the legal anomaly.