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A new independent monitoring system is to be established to replace Scotland’s prison visiting committees.

Four prison monitors, supported by lay monitors, will be overseen by HM Chief Inspector of Prisons, and will replace the current system of prison visiting committees.

The changes announced recently come in response to recommendations made by Professor Andrew Coyle in his review of independent monitoring of prisons, published in February.

Prison monitors will be given unfettered access to all prison areas when undertaking visits to support their monitoring work, which will include hearing complaints from prisoners. They will be supported by an advisory group which will be made up of key stakeholders from the justice sector who will provide guidance on monitoring, appointments and training. 

Justice Secretary Kenny MacAskill said:

“This new approach will provide an integrated and robust system which will provide Scotland with a gold standard in prison monitoring.

“Existing prison visiting committee members will be able to apply to become lay monitors, as well as police custody visitors.

“We believe that we have come forward with the best possible solution, one which has been welcomed by Brigadier Hugh Monro, Chief Inspector of Prisons. 

“I am determined to ensure that the reform of independent monitoring of prisons delivers the best outcomes and, in particular, meet our obligations under the Optional Protocol to the UN Convention Against Torture (OPCAT).”

HM Chief Inspector of Prisons for Scotland, Hugh Monro, said:

“The Cabinet Secretary’s announcement that HM Chief Inspector of Prisons for Scotland is best placed to oversee the independent monitoring of prisons in Scotland is welcomed. Such an arrangement will provide a framework for independent prison monitoring that has the potential to become the benchmark for the Optional Protocol to the UN Convention Against Torture (OPCAT).

“Importantly, the Scottish tradition of including local, lay people to monitor prisons will continue and will be enhanced through improved training and support. Further, I am delighted that an advisory group from eminent representatives of civil society will provide guidance on monitoring, appointments and training. Added to the separate function of inspecting prisons, oversight of monitoring will give the Chief Inspector of Prisons a more constant and accurate picture of Scotland’s prisons.”

Alan Miller, Chief Executive of the Scottish Human Rights Commission, said:

“The Scottish Human Rights Commission will continue to advise the Scottish Government on steps to be taken to ensure the compliance of prison monitoring in Scotland with the Optional Protocol on the Convention Against Torture”.

It is expected that the new monitoring system will be up and running by autumn 2014.

The decision still requires Parliamentary scrutiny and agreement, which will include a formal public consultation. 

Background

The legislative process to transfer and modify the existing prison visiting committee statutory powers, as well as amendments to the Prison Rules, will be made through a Section 14 Order under the Public Services Reform (Scotland) Act 2010. 

The Cabinet Secretary for Justice asked Professor Andrew Coyle, Emeritus Professor of Prison Studies in the University of London and Visiting Professor in the University of Essex, to review the Scottish Government’s proposals to improve arrangements for independent monitoring of prisons.

The review ran from October 2012 until January 2013. Professor Coyle’s report and recommendations can be accessed via the following link:
http://www.scotland.gov.uk/Resource/0041/00414197.pdf

The Scottish Government response published today can be accessed via the following link: http://www.scotland.gov.uk/Publications/2013/04/9239