SNP must reveal all prison-placement decisions that had ministerial involvement

By Bill Heaney

The Scottish Conservatives are today demanding that the SNP reveal all the instances in which ministerial approval has been sought – or ministers have intervened – on the placement of prisoners by the Scottish Prison Service.

Shadow community safety minister Russell Findlay, left,  has made the call following Justice Secretary Keith Brown’s statement to parliament yesterday, in which he admitted that the SPS seek placement approval in some cases.

Keith Brown added that the “SPS was aware of ministers’ view” on the placement of the double rapist now going by the name of Isla Bryson, who was initially sent to Cornton Vale against the guidance of the High Court in Glasgow.

The justice secretary’s statement was prompted by this case and that of another violent attacker now self-IDing as a woman – Tiffany Scott – who had been approved for transfer to a women’s prison prior to the SNP ‘pausing’ all transfers of transgender inmates.

Russell Findlay insists the public have a right to know when ministers were involved in the placement process of any prisoner, in the interests of transparency and accountability.  

Russell Findlay MSP said: “Keith Brown’s statement should have been delivered by Nicola Sturgeon, and actually raised more questions than answers.

“One of these is about who is making this contentious decisions – SPS professionals or SNP ministers. The lines are blurred.

“The justice secretary seems to say that the prison service seeks ministerial approval in some cases, while retaining operational control.

“But that seems at odds with the Bryson case, where the SPS apparently decided to send this double rapist to a women’s prison before Nicola Sturgeon belatedly bowed to public anger to overrule them.

“The public want, and have a right, to know who calls the shots – prison governors or ministers.

“We need to know who is accountable for absurd decisions like sending Bryson to Cornton Vale. It should never have happened.

“SNP ministers must be candid about all the cases in which they had involvement in the decision-making process.” 

Yesterday, Keith Brown, left, said that ministers can approve decisions regarding where prisoners are placed. Brown said: ‘That the Prison Service will seek Ministerial approval for these particular cases will not change the general position that decisions on the management and accommodation of prisoners within the prison estate have been, and will continue to be, operational matters for the Scottish Prison Service.’ (Official report, 31 January 2023, link). 

Keith Brown admitted that the SPS were aware of ministers’ views regarding the Isla Bryson case. Brown said: ‘SPS was aware of Ministers’ views – it would be frankly bizarre if they were not aware of Ministers’ views – but it remained an operational decision for the SPS, based on the information available to it.’ (Official report, 31 January 2023, link). 

Scottish Prison Service rules allow Scottish Ministers to designate prisons or particular parts of prisons for certain categories of offender. The Prison Service rules state: ‘The Scottish Ministers may set aside particular prisons or parts of prisons for particular categories of prisoners or particular purposes.’ (Scottish Prison Service Rules, Accessed 1 February 2023, link).

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