Prison vote fiasco set to cost millions in legal aid

SCOTLAND faces paying out millions of pounds in legal aid to prisoners denied the right to vote, even if Holyrood ministers are not liable for damages.

As Jack McConnell, the First Minister, yesterday attempted to quell a growing storm of protest over the issue - insisting Westminster would have to pay any compensation awarded to prisoners not allowed to vote in May's Scottish elections - it emerged that taxpayers must meet the legal costs of hundreds of challenges expected to be launched in Scottish courts.

The row erupted after the Court of Session ruled that the forthcoming Scottish Parliament election would not comply with the European Convention on Human Rights, because of the UK's blanket ban on prisoners voting.

William Smith, a convicted drug-dealer, took legal action after he was barred from voting in the 2003 Scottish Parliament elections.

His lawyer, Tony Kelly, said a number of his clients would attempt to obtain an interim interdict to prevent the May election from going ahead and he expects a large number of compensation claims made by prisoners if they were denied the right to vote.

Mr McConnell said he had received written confirmation from Douglas Alexander, the Scottish Secretary, that the 3 May ballot would go ahead.

He also insisted that, as the responsibility lay with the UK government, Westminster, not Holyrood, would be responsible for paying compensation.

But the Scottish Legal Aid Board confirmed that prisoners will be eligible to apply for legal aid north of the Border if actions are raised in Scottish courts, regardless of who the claims are against and whether they are successful.

Robert Napier received more than 1 million in legal aid after raising an ultimately successful claim against Scottish ministers over slopping-out. The final legal bill for slopping-out will be far higher, with nearly 600 grants paid to prisoners raising actions against the prison service and ministers last year.

Last night, Kenny MacAskill, the SNP's justice spokesman, said taxpayers were facing a "double whammy".

"Most people would prefer legal aid to be spent on protecting battered wives and people who suffer injury and violence, not on prisoners seeking to indulge in legal niceties."

CASHING IN ON SLOPPING-OUT

MORE than 1,320 legal aid awards have been made to prisoners in Scotland in the last seven years.

The highest number was 591 awards in the year 2005-6.

The vast majority of those grants were made to inmates claiming compensation from the Scottish Prison Service for having to slop out.

The applications follow an award in 2004 of 2,400 to Robert Napier, a prisoner, who received more than 1million to fight a test case in the Court of Session.