Slopping-out damages to be paid

THE Scottish Executive is ready to pay compensation to prisoners whose health has suffered by having to slop out, it was revealed yesterday.

A court was told that, for the first time since a landmark litigation last year when an inmate won 2,450, ministers have undertaken to negotiate settlements in similar cases.

No details were given on how many prisoners might receive a payment or the potential total cost of the damages awards.

The announcement was made as the Executive tried to avoid a log-jam in the Court of Session where around 100 slopping-out cases are pending. It was suggested that test cases be identified, with others being bound by the judgements in them.

Prisoners’ lawyers said they needed more information, but were pessimistic that a test case scheme could be agreed. The issue will be addressed again next month.

The announcement on settlements applies to inmates who have suffered physical injury or mental trauma because of slopping out.

Tony Kelly, a solicitor involved in hundreds of cases, said the move was significant.

"It is something that has never been forthcoming thus far, but the extent of it and how much it represents is really difficult to fathom. However, I have very few clients who cannot demonstrate some form of mental harm as a result of being incarcerated in these conditions," he added.

In 2001, Robert Napier, 25, spent several weeks on remand in Barlinnie Prison, Glasgow, and suffered a serious outbreak of eczema while exposed to a regime with the "triple vices" of overcrowding, slopping out and up to 20 hours a day locked in his cell.

He sued, and last year Lord Bonomy ruled that the conditions of Napier’s detention amounted to degrading treatment and infringed the European Convention on Human Rights. He was awarded 2,450.

Since then, around 400 actions have been raised in the Court of Session and in sheriff courts, and many more are expected.

Napier’s medical problems were a major factor in his case, and other prisoners are claiming physical or mental injury in their actions.

In the wake of the Napier judgment, the Scottish Prison Service has set aside 26 million to cover possible liability in slopping-out cases.