In response to the severe threat to prisoners and prison staff posed by COVID-19, we wrote to the Cabinet Secretary, Humza Yousaf MSP, on 19 March 2020. Our letter was as follows:

Dear Cabinet Secretary,

Scottish Prisons: Covid-19

On Tuesday 16 March 2020, we learnt from media reports that two people in prison at HMP Kilmarnock were in self-isolation in response to the first suspected cases of Covid-19 in Scottish prisons.

A brief statement released from SPS on Wednesday 17 March 2020 advised that 12 individuals were self-isolating and that “robust pandemic plans [were] in place”. This has been superseded by another brief statement today advising that two people have tested positive for Covid-19 in HMP Kilmarnock and that SPS is following advice from Health Protection Scotland. It also advises there are “no restrictions on movement in place therefore establishments are continuing to operate visits as normal”.

The latest information posted on the SPS website is dated 11 March 2020 and advises against visiting a prison establishment if you have been to a place affected by Coronavirus in the last 14 days; if you are displaying symptoms of the Coronavirus; or if you have come in contact with someone who is known to have the Coronavirus.

Thus, 18 days since the first reported case of Covid-19 in Scotland, and one day after it was confirmed that the first prisoner in the UK has died of Covid-19, this is the only prison-specific information which has been made publicly available.

As we know, the current prison population of 8,094 (as at 13 March 2020), includes areas of significant overcrowding, where many single cells are doubled up, and in some instances where double cells have been found to be accommodating three people: creating conditions in which the virus could spread rapidly amongst a population known to be in physically poorer health than the general population. The pressures of space would suggest that self-isolation will also pose particular logistical problems.

We are therefore calling on the Scottish Government to provide a clear Covid-19 specific plan of action to protect the physical and mental health of those working and living in our prisons, including a detailed explanation of how the Chief Medical Officer’s ongoing advice will be applied – particularly around ‘social distancing’ – with regular updates being made available without request.

We would expect that some of the wider measures being considered include an immediate expansion of Home Detention Curfew (HDC) and restrictions on the use of remand, and thus look forward to hearing which proposals will be implemented as a matter of extreme urgency.

Yours sincerely

Howard League Scotland Committee

On 17 December, the Education and Skills Committee published its Stage 1 Report on the Disclosure (Scotland) Bill. The Stage 1 debate took place on 16 January 2020 and it was passed with broad support from all parties, although acknowledging that there was still a lot of work to do at Stage 2, given the importance and complexity of the area.

Most of this work will be around: a) amendment/s to ensure that no-one will have to self-disclose a childhood conviction that would not be disclosed by the state b) requirement for accompanying guiding principles or criteria c) clarification of how it fits with other legislation e.g. Management of Offenders Bill and Minimum Age of Criminal Responsibility d) what constitutes other "relevant" information, and clarification of the difference between it and information which "ought" to be disclosed. 

Education and Skills Committee Stage 1 Report

HLS Written Evidence

HLS Oral Evidence