Scotland is set to save £50m by not paying out compensation to all prisoners forced to slop out after discussions between the Scottish Government and Westminster to change the law.
Scotland is set to save £50m by not paying out compensation to all prisoners forced to slop out after discussions between the Scottish Government and Westminster to change the law.
Ministers yesterday called for urgent action to allow them to change the Scotland Act, which currently means there is no time bar on human rights cases.
Justice Secretary Kenny MacAskill yesterday revealed that the country faces "20,000 claims, all arising from doubled-up slopping-out conditions in prisons" and called for urgent action from Westminster to allow for a change in the legislation.
Some £67m in public money has so far been set aside to pay prisoners who claimed that slopping-out when they were doubled up in cells was a breach of their human rights.
The Scottish Government wants Westminster to make an order under the Scotland Act before the end of this month to enable "urgent" legislation to take place at Holyrood before the summer recess.
Mr MacAskill said fast action could save about £50m from the money set aside that might have to be paid out in compensation if the law is not changed quickly.
His UK counterpart, Jack Straw, has written to Alex Salmond to say there may be scope for the two administrations to agree on the issue.
"This is now extremely urgent," Mr MacAskill told MSPs.
"We have already seen too much public money having to be paid out to prisoners, some of whom have committed extremely serious and appalling crimes.
"We need to bring this situation to an end and the public quite rightly expects that we should do so as quickly as possible."
In 2004 Robert Napier won his case against Scottish ministers for being held in inhumane conditions and being forced to slop out during his incarceration in HMP Barlinnie. He was awarded more than £2000 in compensation and his case led to hundreds more.
Ministers claimed such cases would only be valid if brought within one year - as is the case with human rights cases in England and Wales.
However, a House of Lords ruling in 2007 concluded that prisoners who brought human right claims under the Scotland Act did not have to do so within a one-year time limit.
The ruling, which related to four prisoners held in segregation, made possible thousands of additional cases that previously would have been barred on time grounds.
Ministers want urgent action to ensure the Scotland Act also contains a time bar of one year in relation to human rights cases, but warned it should be specific enough not to affect those who have suffered due to the negligence of an employer or the victims of sexual abuse.
Officials north of the border have already drafted emergency legislation to allow for the required changes to go through by June.
Tony Kelly, the lawyer who represents a number of the prisoners, said: "Mr MacAskill is making scurrilous allegations against prisoners. The broad brush of this is that prisoners are undeserving.
"I think it is a very easy political football to kick about. The payments being made to prisoners are as a direct result of prisoners successfully taking court action. There is nothing underhand about this, and human rights cases don't just affect prisoners."
Bill Aitken, the Tory justice spokesman, said: "Clearly we need an end to this position, where undeserving people are benefiting from a piece of human rights legislation which is frankly a nonsense."
