The next item of business is a statement by Angela Constance on the response to fatal accident inquiries—deaths in custody. The cabinet secretary will take questions at the end of her statement, so there should be no interventions or interruptions.
14:51
In January, I set out a range of actions to address the systemic failures that were identified by Sheriff Collins’s fatal accident inquiry determination relating to the tragic deaths of Katie Allan and William Lindsay, also known as William Brown. I am grateful to have had the opportunity to meet their families once again today.
The commitments that I made in January form part of a new approach in relation to all deaths in custody. Official statistics that were published on Tuesday link data on deaths in custody with death records that are held by National Records of Scotland for the first time, and they show that around 30 per cent of deaths in custody in the decade to 2022-23 were classed as probable suicides. While every single suicide is a tragedy, the data takes us a step forward in improving transparency and understanding the causes of deaths in prison custody. That progress is crucial as we work to address the issues surrounding the safety and wellbeing of those in custody.
The formal response from the Scottish ministers and the Scottish Prison Service to the sheriff’s FAI determination was published on 13 March. All the recommendations were accepted, with specific responses to each recommendation referencing completed work to date and setting out where further work is required and when that will take place. I expect that work to be delivered at pace, and I will be closely monitoring progress.
The SPS has initiated a dedicated operational task force, which is chaired by the chief executive and involves national health service partners, to ensure that all recommendations are actioned. That will be underpinned by a delivery framework with biannual updates.
In January, I emphasised the critical importance of independent scrutiny, and I am pleased to report that terms of reference have now been agreed with His Majesty’s chief inspector of prisons for Scotland. The chief inspector shares my view on the need for rigour and transparency in that work, as well as the need to involve families, prisoners, SPS staff and expert advice. She expects to provide me with an initial report on progress by the summer.
On the introduction of a national oversight mechanism, I am grateful for the early engagement that we have had with a wide range of stakeholders on the options that are available. That will continue as we finalise the model and establish a plan to implement it.
At its core, the national oversight mechanism will provide accountability and transparency, and it will drive systemic improvement. It will be informed by evidence and analysis, and, crucially, will be independent of Government. Consideration will be given to widen the scope to include all deaths that occur in the care of the state, not just custody. Key functions will include annual reporting and the ability to audit existing FAI recommendations, for example.
I am pleased to be able to report that progress has been made regarding the broader package of measures. Last week, I visited Polmont to see at first hand a team that is committed to action at pace and applying learning. The SPS has removed all bunk beds from accommodation that might be used to house a young person at Polmont. In addition, an instruction has been issued to governors to ensure that all establishments that accommodate young prisoners conform to the same standard. All rectangular door stops of the type that were identified in the FAI process have been removed from Polmont.
The policy on possession of items that can be used as ligatures is being revised, and a pilot of the ligature audit toolkit has started. In addition, signs-of-life technology will be piloted with Polmont and, where the evidence shows that it works, we will support the Scottish Prison Service to ensure that it is implemented.
At the centre of Sheriff Collins’s recommendations was the need to overhaul the SPS’s suicide prevention strategy, talk to me. Professors Graham Towl and David Crighton have been appointed to lead the evidence phase of that crucial work. Both professors are forensic psychologists with a specialty in suicide prevention in prisons. They have both held senior roles with the Ministry of Justice, and Professor Towl was called on as an expert witness at the FAI of Katie and William. That work represents a commitment to real and lasting change, and their initial work will be completed by the end of the summer. The SPS will overhaul its strategy in tandem with the evidence review, so it will be ready to publish at the end of this year, with a full training package to be implemented in 2026.
For some, the first 72 hours in custody is the most challenging. Sheriff Collins recognised that in recommending that the talk to me programme be applied to all young people during that period. That will be a key part of the revised strategy. I was able to discuss in detail with the governor at Polmont the enhanced measures and additional staff resources that have been put in place in the meantime to ensure that any new admission will be placed in dedicated observation cells for the first 72 hours and will not be removed from observation thereafter until it is safe to do so.
On the issue of bullying, I am clear that prisons must be safe and rehabilitative. The SPS must address harmful behaviour and foster a culture of respect and safety. It has accepted that its anti-bullying policy, think twice, has not been effective, and it will draw on relevant external expertise to develop a new strategy this year.
Particular to William Lindsay’s case, the FAI heard that information available to the court was not shared with the SPS. That was unacceptable, and the inconsistent practice around the transfer of information from courts to custody needs immediate resolution. The Scottish Government is therefore leading work with relevant partners to ensure the consistent transfer of relevant information between courts and the Prison Service. Once concluded, justice partners will be required to fully integrate the revised processes to ensure a seamless transition of information between court and custody.
In January, I set out a commitment that all death in prison learning and audit reviews would be chaired independently. I confirm that a non-executive member of the SPS board will now chair all reviews on an interim arrangement. That ensures that those reviews are independent of governors and prison staff while maintaining continuity and momentum. However, the SPS will undertake an open and formal recruitment process over the summer to appoint a formal chair.
In consultation with the Lord Advocate, I have commissioned an independent review of the FAI system to focus on improving the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody. It will also identify the specific barriers that families face in engaging with the process and propose concrete solutions to shortened timescales. I will provide the Parliament with an update on the appointment of a chair, which I expect to be able to announce shortly. We have made good progress in developing our draft remit and ensuring that the review is well resourced so that it can start work immediately.
On legal aid, I committed to making legal aid free and non-means tested for families involved in deaths in custody FAIs. That will ultimately require primary legislation, which, given where we are in the parliamentary session, will be for a new session of Parliament. However, I do not want families to wait for that important support, so I will be using existing ministerial powers to ensure that, from Monday 7 April, close family members who are involved in deaths in custody FAIs will have access to non-means-tested legal aid. We will also put in place additional support services for families and introduce a new family advocacy role. Engagement has already begun with families to ensure that our approach is shaped by them. That will ensure that families have independent trauma-informed support and guidance following the death of their loved one.
We have made progress since January. I assure the Parliament that we will continue to drive forward change and strengthen accountability. This work is about changing the system and the culture that underpins it.
In closing, I extend my deepest condolences to the families of Katie Allan, William Lindsay and all those affected by a death in custody. It is through on-going and decisive action that we will create the lasting change that they rightly demand and deserve.
The Cabinet Secretary for Justice and Home Affairs will now take questions on the issues that were raised in her statement. I intend to allow around 20 minutes for that, after which we will need to move to the next item of business.
I thank the cabinet secretary for an advance copy of her statement. I acknowledge and welcome that all of Sheriff Collins’s 25 recommendations relating to the tragic and preventable deaths of Katie Allan and William Lindsay have been accepted. However, there is clearly a desperate need for action without delay to prevent further tragedies. I recognise the progress that the cabinet secretary has just reported, but will she make a commitment today, on the record, that all the recommendations will be implemented urgently and within the timescales that are set out in the report?
Furthermore, I recall from her statement in January that the cabinet secretary committed to pursuing with the United Kingdom Government the removal of Crown immunity. Will the cabinet secretary provide us with an update on any discussions that she has had with the UK Government since that statement?
Finally, the cabinet secretary gave a very welcome commitment to make legal aid free, from 7 April, to close family members in tragic cases such as these, but we all know that the legal aid system is in crisis—it lacks funding and, indeed, legal representatives. How will the cabinet secretary ensure that she urgently addresses those issues so that families who find themselves in such tragic circumstances not only get legal aid but get the representation that they deserve?
I thank Mr Kerr for his acknowledgement that we have accepted all the recommendations. I have always been clear to Parliament that accountability starts with me. I will pursue everyone—not just within the justice portfolio but across Government—to the very best of my abilities, because we desperately need action, and we cannot have any more delay. It is fair to say that, given the depth of the work, some of our aspirations and some of the recommendations will not all be completed by a week on Tuesday and will require sustained endeavours over the next year.
On Crown immunity, I wrote to the Lord Chancellor and Secretary of State for Justice in the UK Government in mid-January and have not had a response. I want to have a meeting with the UK Government and will consider other means to pursue such a meeting. Sheriff Collins’s narration of the issues on Crown immunity and its history was powerful.
On legal aid, I have committed to introducing primary legislation that would provide for non-means-tested legal aid for families participating in deaths in custody FAIs. That would include non-means-tested advice and assistance from day 1. That is what requires primary legislation. I cannot deliver that right now, but I am conscious that ministers will have to provide support for the implementation of recommendations through the provision of finance or personnel.
The ministerial direction that will become live from 7 April will enable families to get civil legal aid from the point that they are notified that there will be a fatal accident inquiry.
I whole-heartedly welcome the commitment that the cabinet secretary has made on non-means-tested legal aid for close family members who are involved in deaths in custody FAIs. I called for that when the cabinet secretary made her previous statement on the issue, and I am delighted that the Government will use the powers that are available to it to make that happen as soon as possible, and note that additional powers will be needed at a later stage.
I also welcome the transparency that we are trying to achieve in relation to deaths in custody, and the appointment of chairs of FAIs relating to deaths in custody who can be independent of the Scottish Prison Service.
The removal of bunk beds at Polmont and the progress towards the removal of ligatures are really important for preventing more deaths in custody. Does the cabinet secretary agree that the state has a responsibility to keep prisoners safe while they are serving a sentence? In too many cases, it has not done so. Does she have concerns about Addiewell prison? There have been 14 deaths there since the tragic deaths of Jordan Burns, who took his own life, and Lewis Spence, whose family have expressed concerns about the running of the prison. Families must be given full and unfettered access, as was promised by HMIPS. Will the cabinet secretary look into those matters?
Ms McNeill is quite correct to state the importance of transparency. Transparency leads to accountability; accountability leads to action; and action leads to change. I unequivocally state that the state has a responsibility to keep those in our custody safe and well.
On Ms McNeill’s point about HMP Addiewell, colleagues will be aware that the SPS manages the contract, and, when things do not go well or additional assistance or support is required, it is the SPS that will ultimately step in.
Ms McNeill’s point about families having appropriate access, whether that is to services or personnel in HMP Addiewell or to HMIPS, is important, and I will take that away and address it directly.
I wrote to the cabinet secretary earlier this month and last year about Jordan Burns, so I know that she will be aware of the case of that 22-year-old who had a history of significant self-harming during his 10 months as a remand prisoner at HMP Addiewell. Sadly, on 23 November last year, Jordan was found dead in his cell, having suffered an overdose. Jordan’s mum, who has experienced unimaginable grief, is a constituent of mine, and my office and I have had on-going contact with her. Does the cabinet secretary agree that the fatal accident inquiry should be expedited so that the family can be given the answers that they need? With a case such as that, what steps is the Scottish Government taking to ensure that there is confidence that adequate systems are in place to protect prisoners in such circumstances and reduce the likelihood of similar instances occurring in the future?
I acknowledge the correspondence that I have received from Mr MacGregor on behalf of his constituent. My thoughts continue to be with the family of Jordan. Every death, whether in custody or in our communities, is a tragedy for all those who know that person.
Mr MacGregor might wish to raise the issue of the timing of the FAI with the Lord Advocate directly. What I can speak to is the action that was set out in our response to Sheriff Collins’s fatal accident inquiry, which I hope shows a commitment by the SPS and the Scottish Government to learn lessons and make improvements, and to do so at pace. I point to the fact that the talk to me strategy is being overhauled, and that suicide prevention technology is being developed. That work is being accelerated, and all national health service boards have given assurances that prison referrals to the mental health team are immediately reviewed and acted on without delay. Of course, we all want to scrutinise those actions to ensure that they are implemented.
I recognise the extreme sensitivity of the issue that we are debating, but if I am to get in every member who wants to ask a question, the questions will have to be briefer, as will the responses.
The worrying finding of the FAI was that information that was available to the court was not shared with the SPS. Given the shift towards placing young people in secure accommodation, what assurances can the cabinet secretary give the Parliament that the same information-sharing issues will not arise in those secure settings, so that our young people stay protected in that environment?
In many cases, the sharing of information is probably the single most crucial issue, because people cannot act without full knowledge and information. I therefore have to make a call on the NHS, colleagues in the community and the Scottish Prison Service that we must find better ways to share information, and to do so timeously.
The Scottish Government is leading on work on that. All the problems and gaps have been identified. The problem is well and truly on the table, but we need to crack on and get it solved once and for all.
It is clear from the cabinet secretary’s statement that the Scottish Prison Service’s talk to me strategy needs an overhaul. I very much welcome the update that has been provided, indicating that the strategy will be reviewed. Will the cabinet secretary provide more information on the review, particularly about the experts who have been appointed to carry it out?
As I said in my statement, Professor Graham Towl is leading the evidential stage of the overhaul. He is a prominent academic expert in forensic psychology. He will be supported by Professor Crighton, a consultant forensic psychologist. Both professors have held senior forensic psychologist roles in the Ministry of Justice and they are experienced in working in custodial settings. They have published some of their work and they will independently review the talk to me strategy and make formal recommendations to the Scottish Prison Service, based on wider stakeholder engagement, including with those in custody and their families. The new policy will be based on the best available evidence.
The acknowledgement that the anti-bullying policy, think twice, has not been effective was clearly outlined in the FAI—the cabinet secretary has referred to that. A new strategy is welcome, but will she say more about exactly who will be involved in shaping it? How will families who want to be involved in the process be included and heard? What assurances can she give right now that families’ loved ones are safe when they are in custody?
I hope that it is of some reassurance that there is an acknowledgement that the anti-bullying strategy also needs to be overhauled. I can say that there will be a new strategy this year and that it will be informed by independent expert advice.
The point that Paul O’Kane makes about the involvement of families is crucial, and I am deeply mindful of it.
On Paul O’Kane’s third point—I am sorry, can he remind me what it was?
It was about families’ concerns.
I point to the installation of a 24-hour concern line for families to be able to contact the Prison Service, and the work to explore and expand the use of in-cell telephony and the ways in which that can enable loved ones to contact external agencies or other support within the prison.
That was an acceptable intervention from a sedentary position, Mr O’Kane.
Can the cabinet secretary advise what technology there is on signs of life that has already been considered and assessed by the Scottish Prison Service?
There is a short-life working group on the technology. The SPS is looking at the commercial companies that have undertaken some work on the new HMP Highland and HMP Glasgow projects. It has also engaged with Heriot-Watt University, which is actively exploring research opportunities in the area and seeking funding from research bodies to further develop its work.
Given the unique challenges of the prison environment, there is not a single solution, but I make the point that we should grasp the opportunities that are available to us with new and emergent technologies. However, technology will never replace human-to-human contact.
I extend my sincere condolences to the families of Katie Allan and William Lindsay and to all those affected by death in custody.
The cabinet secretary spoke of the enhanced measures and resources that have been put in place for the first 72 hours in custody, acknowledging that that is often the most challenging time. She mentioned observation cells and the overhaul of the talk to me suicide prevention strategy. While the overhaul of talk to me is happening, what will be done to help and support those in the observation cells, other than observing them? Are there any other recommendations about talk to me that can be implemented immediately?
There is a commitment from me and from the Scottish Prison Service that all the recommendations in the fatal accident inquiry determination around talk to me will be implemented. In terms of the here and now, I outlined the actions that are in place to care for young people in those first 72 hours in custody or beyond. Additional staff resource is now in place, and there are enhanced measures to ensure that those new admissions can be looked after in dedicated observation cells and will not be removed from those arrangements until it is safe to do so and there has been a case conference.
Family after family have been let down by the Crown Office. I pay tribute to those who are represented in the gallery today, and I thank them for their bravery and persistence. Year after year, we have been told that things will improve and that changes will be made, but there are still unforgivable and agonisingly long waits for those families, adding to the torment that they are suffering.
Why not ask the independent review of the FAI system to consider removing the responsibility from the Crown Office altogether and moving it into a separate system, learning from the coroners elsewhere in the UK? Surely the cabinet secretary can see that the Crown Office has shown itself to be incapable of handling the issue.
I appreciate that Mr Cole-Hamilton has very specific and strong views on the matter. There are aspects that he would narrate that I would share. Families are undoubtedly waiting too long for fatal accident inquiries. That is why, in response to the trauma that is associated with delays, I have commissioned an independent review of fatal accident inquiries that is focused on deaths in prison custody. I hope to be in a position to announce the chair very soon.
I hope that that demonstrates my commitment to families that are impacted by a death in custody to move this on—and that we will move it on. I appreciate that there are wider issues around fatal accident inquiries, but my focus right now is to deliver better efficiency and better trauma-informed care for families that are impacted by a death in custody.
According to statistics published by the chief statistician this week, there were 345 deaths in prison custody over the period from 2012-13 to 2022-23. What work is being done to ensure that deaths in custody are prevented in the overall prison estate?
That is an important point. The work that is commencing is about developing detailed pathways from the point of admission to liberation and throughcare that ensure that individuals have access to the right interventions that support their wellbeing.
Ms Haughey might be interested to know that the SPS and Public Health Scotland are collaborating to gain a better understanding of the prevalence of long-term health conditions in prison, which are more common among the prison population when compared with the wider community. Combining that work with the implementation of the FAI recommendations will help to ensure that individuals have access to targeted preventative health and wellbeing interventions.
Recommendation 7, which is the only one that is addressed directly to ministers, is about the fundamental issue of ensuring that the SPS has access to all information about a young person, including mental health assessments. The Government admits in its response that there have been systemic failures across agencies in that respect. It is setting up a working group to look into the matter, but there is no information on when it will report or what it will do. Will the cabinet secretary make a commitment on when it will report?
Also, in her previous statement, the cabinet secretary committed to speaking to the new chief inspector of prisons for Scotland about ensuring that more unannounced inspections take place. Can she provide an update on that and on what action has been taken?
I have met the new chief inspector of prisons, and I will meet her again. There is a well-made point about unexpected inspections.
I will not repeat what I said to Ms Dowey’s colleague Roz McCall on information sharing. However, one example of where we are actively improving information sharing relates to the improvement of healthcare information technology, which is very important for clinical purposes when it comes to providing access to the right information at the right time.
I offer my condolences to the families and friends of Katie Allan, William Brown and Jordan Burns, who have been mentioned this afternoon, on the tragic loss of those young people.
The cabinet secretary spoke about the detailed conversations and assurances that she has had on enhanced measures in those first crucial 72 hours in custody. Can she provide more detail on how recent actions address some of the recommendations in Sheriff Collins’s determination?
Presiding Officer, I do not want to incur your wrath, so I will not repeat what I have said in previous answers about our work to overhaul the talk to me strategy or some of the work to enhance self-safety through the anti-ligature risk assessment tool that is being developed and will be rolled out.
I expect all stakeholders who are involved in this journey to provide me with regular updates, and I give Parliament a commitment in that regard—in whatever shape or form Parliament wishes.
The cabinet secretary mentioned the sharing of information between the courts, the NHS and the SPS at the time of a person’s admission to prison. Will she also confirm that the sharing of data will take place at the release of a person from prison? Such sharing of information could have saved the life of my constituent Alan Geddes, who was murdered by someone who had been released from prison just hours earlier.
I very much appreciate Mr Lumsden’s engagement on that issue. I had the privilege of meeting his constituent Ms Sandra Geddes with respect to the death—the murder—of her beloved brother. I will keep Mr Lumsden updated on the progress on release planning and throughcare support. The point that he makes about the sharing of information when people come into custody is equally applicable to when people are liberated.
That concludes the statement. There will be a brief pause before we move to the next item of business, to allow members on the front benches to change places.
Air ais
Portfolio Question Time