On International Women’s Day we think of the almost 400 women who are currently detained in Scottish prisons.

News released today by SPS shows images of a new smaller prison for women to be opened in 2020. Scotland has a history of trying to be innovative in regards to women’s imprisonment. Yet the failure of these innovations is also an inescapable part of Scotland’s contemporary prison history, as self-harm and suicide have continued inside the prison, and women’s poverty and social exclusion continue to be entrenched by having been imprisoned. And despite efforts, over the last 40 years we have witnessed the steadily increasing number of women imprisoned in Scotland. But there are lessons in failure that can help us re-think the future of women's penal policy so that it can meet the demands of social justice.

We welcome that the new prison will hold around 20 women. HLS firmly believe that the social and rehabilitative value of small prisons far outstrips the expedient value of economies of scale of larger prisons. But real penal reform and innovation will not be found in a small scale expansion of the women’s prison estate, but through decarceration. We hope that this new prison is a development in that direction. Scottish government should formally commit to reducing the size of the women’s prison population to at least half of what it currently is. With public and political backing, Scotland can take this opportunity to be a world leader in social justice and penal reform by radically cutting the number of females in custody.

However, if we do reduce the prison infrastructure to hold less than 200 women and girls (which would be half the current number), how can the government guarantee against overcrowding? While the recent plans in the Management of Offenders (Scotland) Bill make provisions to extend electronic monitoring which can alleviate prisoner numbers, as HLS recently wrote, this brings with it other risks to citizenship and community life. We should not lose sight that social justice is not only about imprisoning better, but imprisoning less.

Responding to the news that the Scottish Government has decided not to proceed with the proposal to build a 350-bed women’s prison at Inverclyde, John Scott QC, Convenor, Howard League Scotland, said:

“Howard League Scotland strongly welcomes this decision by the Cabinet Secretary for Justice. Mr Matheson has done exactly as he promised – despite the short time since he took office and the urgency of the situation, he has reviewed all the evidence and submissions, and ensured that the final decision was the right one. It is a bold decision and will be recognised as such by all those who have voiced their concerns about HMP Inverclyde. In deciding not to proceed with the proposal to build a new women’s prison at Inverclyde, the Cabinet Secretary is opening up the potential for greater use of community-based solutions for women who offend and women who are at risk of offending. This will benefit all of us. By dealing appropriately and effectively with this vulnerable group of women, Scotland will be a safer place.

“The 2012 report of the Commission on Women Offenders was clear that most women in prison in Scotland today have “complex needs that relate to their social circumstances, previous histories of abuse and mental health and addiction problems”. The report stated unequivocally that most women who have offended do not need to be in prison and that the impact of imprisonment on women and their families is often catastrophic. It was for this reason that the report recommended that Cornton Vale was closed and replaced with a “smaller specialist prison for those women offenders serving a statutory defined long-term sentence and those who present a significant risk to the public”.

“We commend the hard work carried out by those in the Scottish Prison Service who have been working on the design of the new prison. We hope that the learning derived from this process can be put to good use in a smaller custodial unit which will house the small number of women in Scotland serving long-term sentences and who need to be in prison for reasons of public protection.

“Fully implementing the well researched recommendations of the Commission on Women Offenders will mark Scotland out as a progressive country which determines its penal policy according to the best evidence. We hope that this bold move represents a first step on the road to reducing the size of the female prison population in Scotland. We wholeheartedly support the Scottish Government in this endeavour.

“We express the hope that all of those who have taken part in the debate in this matter will continue to take part in the challenges before us. Today’s decision was a necessary first step but much work remains to be done. Given the interest in the matter across political parties, the Scottish Parliament, and civic Scotland, we hope also that further constructive engagement will be possible. The scale of imprisonment of women in Scotland has been a scandal since before the Scottish Parliament was created. Many strong words have been spoken in condemnation over many years but, until today, the strength of criticism and the best of intentions have proved inadequate. This decision takes us on considerably from good intentions. ”

26 January 2015