Spending watchdog warns of ‘significant risk’ to Scottish Prison Service

Scotland’s reliance on prison buildings which are “no longer fit for purpose” poses a “significant risk” to the prisons service, public spending watchdogs have warned.

The Auditor General for Scotland Stephen Boyle raised concerns in a new report which also said prisons may have to operate a “restricted regime” if the number of inmates rises to forecast levels.

As of November 13 2023, Scotland had a total prison population of 7,948, but the Scottish Prison Service (SPS) has forecast this could increase further to 8,166 by the end of March 2024.

The Auditor General’s report sets out how the SPS currently has a target operating capacity of 8,007, although an “extended operating capacity” of 8,475 means it can hold more prisoners, but under a “restricted regime”.

This would see prisons continuing to meet their legal requirements – such as providing inmates with access to open air and visits – but some additional activities, such as prison recreation and work, may not be able to go ahead.

The report warned: “The number of risks and challenges facing the prisons system is considerable and will be exacerbated further with increasing prisoner numbers in an ageing prison estate.”

The 2022-23 audit of the Scottish Prison Service also noted that “improvements to the prison estate are essential to ensuring that prison services can be maintained in a safe and secure environment”.

The report highlighted how Scotland’s largest jail, Barlinnie Prison in Glasgow, is used to provide “surge capacity” when prison numbers rise.

It said: “The ongoing reliance on prisons that are considered no longer fit for purpose, in particular HMP Barlinnie, presents a significant risk to SPS.”

Her Majesty’s Chief Inspector of Prisons for Scotland (HMIPS) has previously warned shared cells at Barlinnie fail to meet the minimum size prescribed by the the Council of Europe Committee for the Prevention of Torture.

And while plans for a replacement prison for HMP Barlinnie “are being progressed” by the Scottish Government, the Auditor General said the timescales for the new HMP Glasgow “remain unclear” and the total cost is expected to be “significantly higher” than the estimate of £387.6 million given in October 2019.

The report also highlighted how the “ongoing poor performance” by GEOAmey in its contract for escorting and transporting prisoners was “resulting in delays and inefficiencies across the justice sector, impacting on policing, prison services and the courts”

Between July and September 2023, only 62% of prisoners due in court arrived on time, Audit Scotland noted, with 63% of those returning to prison from court delivered on time.

This comes as staffing levels for the service at GEOAmey have fallen to around 520 full-time equivalents, with this said to be around 25% less than the estimated 670 to 700 needed to deliver the required level of service.

While the SPS has issued improvement notices and imposed financial penalties on GEOAmey, the report said these had had “limited impact”, with prison bosses now “taking more direct action” to improve the situation.

Mr Boyle stressed: “The issues facing Scotland’s justice sector are of significant concern and cannot be resolved by the Scottish Prison Service alone.

“It is essential that there is close collaboration between the prison service, the Scottish Government and their justice partners to ensure prison services can be maintained in a safe and secure environment.”

Scottish Conservative justice spokesperson Russell Findlay accused the SNP of “having brought Scotland’s prisons to breaking point” as a result of its “neglect and incompetence”.

But he said the Scottish Government “cannot ignore this critical warning from the Auditor General”, with the Tory adding that Justice Secretary Angela Constance “needs to fund the prison service to keep Scotland safe, not starve it of cash as an excuse to free prisoners by stealth.”

Ms Constance stressed ministers “take the issues highlighted in the Auditor General’s report very seriously and are working closely with the Scottish Prison Service and justice partners to address them”.

She stated: “We have provided an extra £29 million this year to support the Scottish Prison Service to deliver a stable and secure prison system, on top of the £97 million in capital funding that we are giving to continue the modernisation of the prison estate to better meet the needs of staff and prisoners.

“We are also supporting SPS and other partners in delivering an improvement in the GEOAmey contract which has resulted in early positive signs.”

She added: “We are committed to delivering HMP Highland and HMP Glasgow to better serve local communities, meet the needs of people within prison as well as providing an improved environment for staff and visitors.”

Meanwhile a spokesperson for the SPS said the report had highlighted “some of the challenges we continue to face as an organisation”.

They said: “We have a population that is not only rising rapidly but is also increasingly complex. Many of our establishments are full beyond their design capacity, and the oldest prisons are no longer fit for purpose.

“There is an urgent need for the major capital projects planned and these are being undertaken with support from Scottish Government in an exceptionally challenging economic climate, with rising costs and supply chain pressures.

“We have worked with GEOAmey, with support from Scottish Government, to recalibrate our contract with them and, while it is still early days, we are seeing positive signs, such as a slowdown in staff attrition and more people working on the contract compared to a few months ago.”