Public Audit Committee call for urgent action and long-term strategy to address concerns with Scotland’s prisons services

The report considers in detail the Scottish Courts Custody Prisoner Escorting Services contract and the Committee say a number of factors have led to current operators GEOAmey failing to deliver the contract as required, leading to an increased risk of contract failure.

Of particular concern to the Committee is the potential breach of human rights caused by these failures, with prisoners unable to access healthcare services when required.

During evidence, the Committee heard that the contract performed as intended before the pandemic but that staffing issues, an increasing prison population with more complex health needs and an increased court capacity aimed at addressing court backlogs all contributed to failures within the contract.

The Committee say failures in the delivery of the contract have had an impact on the entire justice sector and the NHS, given the significant costs and time wasted due to court delays and missed healthcare appointments. Contract failures leading to prisons being understaffed and prisoners unable to access employment and rehabilitation activities are also raised by the Committee.

The impact of these failures on victims and witnesses is also highlighted, with the Committee hearing that some no longer wish to engage with the prosecution process. The Committee has asked the Scottish Government what steps are being taken to ensure this does not happen, given it is essential for victims and witnesses to have confidence in the justice process.

Following action taken by justice partners, the Committee recognises improvements in GEOAmey’s performance in areas such as the transfer of prisoners to and from courts and Video Identification Parade Electronic Recording appointments in addition to delivering bed watch activities.

However, it says that GEOAmey’s performance should be kept under review and it is extremely concerned that the Scottish Prison Service was unable to carry out due diligence on GEOAmey’s reported financial position in Scotland, prior to committing additional public money.

The Committee say it is vital that the Scottish Prison Service and the Scottish Government take all necessary steps to mitigate the risk of contract failure and that the contract must be put on a more sustainable footing so any further unnecessary costs to the public purse are avoided.

Going forward, the Committee asks how the Scottish Government will work with the Scottish Prison Service to address its concerns, and in particular, how both will give full and proper consideration to human rights in any future contract.

On the staffing issues faced by GEOAmey, the report highlights the significant impact GEOAmey’s relatively low rates of pay have had on its ability to recruit and retain staff, and the Committee say any future contract should bear this in mind to avoid similar issues.

Richard Leonard MSP, Convener of the Public Audit Committee, said:

“Our report is calling for urgent and long-term action to put our prisons and the delivery of services to support them on a more secure footing.

“Whether it’s the deteriorating condition of Scotland’s prison estate, our over-populated prisons or the repeated failures in the delivery of the Scottish Courts Custody Escorting Services contract - it is clear that we are at a crisis point.

“Our report highlights a multitude of issues with the delivery of the prisoner escorting contract and the wider impact this is having, including on human rights related to prisoners’ access to healthcare.

“We are calling for the Scottish Government and the Scottish Prison Service to address our concerns and mitigate the risk of contract failure.

“Our Committee also share the concerns of the Auditor General that the Victorian era prison estate is creating human rights issues which present a live risk for the Scottish Government and the Scottish Prison Service.

“We have recommended an urgent review to ensure that the human rights of prisoners are not being breached.

“The Public Audit Committee recognises the challenges facing Scotland’s prison services. We commend the efforts of frontline staff, particularly at a time when prisoner numbers are at a record high, but it is clear that more must be done to address these challenges and that the time for action is now.”

The Committee’s key findings on prison population and the prison estate are below.

Prison population

• The Committee was informed by the Scottish Prison Service that six of Scotland’s prisons were considered at ‘red status’ and ‘on the brink’. The Committee say it is ‘extremely concerned’ of the significant risks this poses, particularly around the potential for prisoner violence.
• The report highlights concerns that overcrowding has led to a significant increase in double cell occupancy, despite previous assurances by the Scottish Government that this is not its preferred approach. The Committee calls for the Scottish Government and Scottish Prison Service to take urgent action to address overcrowding in prisons and to work together to put in place a safe and sustainable way forward for the prison estate.
• The Committee notes the forthcoming action proposed by the Scottish Government regarding the emergency early release of prisoners and longer term measures to address increasing prisoner numbers. While welcoming the additional funding provided by the Scottish Government to support alternatives to custody, it says the Scottish Government should consider what additional action can be taken to address prison overcrowding, given the crisis point the Scottish Prison Service appears to have reached.

Prison estate

• The Committee says it is extremely concerned by the continued deterioration of significant parts of the prison estate since its predecessor Committee published its report in 2020. It calls on the Scottish Government to urgently set out a clear timetable for addressing those parts of the prison estate that are no longer fit for purpose.

Read the report