Prison disturbances a risk due to poor conditions and flat funding, MSPs warned

The chief inspector of prisons in Scotland may have to recommend the closure of one facility due to “shocking” conditions – with MSPs also warned there is a risk the “flat cash” settlement for the justice sector could spark disturbances.

Wendy Sinclair-Gieben told a Holyrood committee that without increased spending, she is “deeply concerned many human rights breaches will occur” inside prisons and is also “deeply concerned that we risk a prisoner disturbance”.

The Scottish Government proposed a flat cash settlement for the justice sector in its resource spending review published earlier this year – meaning funding would fail to keep pace with inflation.

Chief inspector Ms Sinclair-Gieben said that would reduce the overall budget for prisons “hugely”.

Giving evidence to the Criminal Justice Committee on Wednesday, she said a flat cash settlement is “extremely concerning for the prison service, in fact for justice overall”.

She told MSPs: “If you think what the prison service do, they hold the most dangerous, the most violent and the most vulnerable people in our society, that is the reality.

“There’s a good proportion are victims themselves, there’s a good proportion have significant mental health issues.

“What we’re seeing is a flat cash budget that over four years will reduce the overall budget hugely.

“I’m deeply concerned many human rights breaches will occur, I am deeply concerned that we risk a prisoner disturbance, and I am deeply concerned staff will be reduced to such an extent we will end up with what we would like to call ‘humane containment’ and not actually protect community safety.

“Because if you are bringing people into prison and you are doing nothing with them, then you are releasing them back into society angrier than when they came in. That’s not appropriate.”

Pressed by Conservative MSP Jamie Greene on the prospect of “volatility” within prisons, Ms Sinclair-Gieben told how historically, disturbances at jails can happen with a “confluence of issues coming together that then explodes”.

She told how the current high cost of living means families “can’t support loved ones in prison as well or visit as often”, adding the prices of items inmates can buy inside prison are rising but prison wages have not gone up.

On the staff side, she told how the cost-of-living crisis means those working in prisons “are already using foodbanks”, adding this is happening at a time of low morale when staff are “exhausted after the pandemic”.

Ms Sinclair-Gieben warned the “confluence of all of that” almost exactly matches research into situations which sparked previous prisoner disturbances.

She told the committee “everybody is working towards making sure that won’t happen”, but added: “It is a risk and I think we would be naive not to think of it as a risk.”

Her comments came as she highlighted the conditions inside some of Scotland’s prisons.

Speaking about Barlinnie in Glasgow – Scotland’s largest jail – the inspector said when she visited she was “stunned by the basics of the dilapidation of the prison”.

She told the committee: “Every effort is made to keep the cells and the living areas clean, tidy, well decorated etc, but when you walk around at night a little family of rats goes with you, or you walk down to chaplaincy and the plaster dust slams on your hair.

“I just think it is a question of time before it actually collapses and we are then stuck because it is the biggest prison in Scotland.”

At HMP Greenock she said there are a “vast number” of cells out of use because damp makes them “uninhabitable”.

She praised staff at the jail for the “excellent” work they do with inmates, but added: “We’re going back into Greenock for an inspection next March.

“If it’s in the same condition as it was at our last inspection, I will be calling the Health and Safety Executive in with me.

“I don’t have the power to shut it down. I can recommend it being shut down. That is as far as I can go.”

Conservative Russell Findlay asked her: “Is that the first time you have even considered the likelihood of having to close a facility?”.

Ms Sinclair-Gieben replied: “Yes.”

She told MSPs she may need to call in the HSE because if she recommends the prison’s closure she will “need the evidence to back up my recommendation”.