Slopping out ruling challenged

Conditions at Barlinnie's remand wing were criticised

Ministers plan to appeal against a ruling that a prisoner should be moved to a different unit because of the practice of "slopping out".

The Court of Session had granted a remand prisoner a transfer from Barlinnie Prison in Glasgow because he had argued that slopping out was "inhumane and degrading".

A lawyer for the Scottish Executive argued that massive consequences would follow from the initial ruling and was granted the right to appeal against it.

However, Justice Minister Jim Wallace told BBC Scotland of his commitment to ending the practice of slopping out - when prisoners use a pot or bucket as a toilet in their cells - in Scottish prisons.

But he declined to put an exact timescale for when the practice will cease.

Jim Wallace: "No exact timetable"

Meanwhile, a prison officers' leader has warned that they may take legal action to end the practice of slopping out in Scottish jails.

Mr Wallace pointed out that at the beginning of the 1990s only 40% of cells had night toilet facilities - a figure which has now increased to 76%.

He said upgrading work at several facilities would improve the situation further.

And he added that he is awaiting a prison estates review and only after there has been consultation and debate following that report could he give an exact indication of when the practice will end.

It is likely to be within five years, however.

Slopping out was called inhumane

Derek Turner of the Scottish Prison Officers' Association said it was abhorrent that his colleagues had to deal with the practice on a daily basis.

He said prison officers might decide to follow the prisoner, Robert Napier, 21, in arguing that slopping out is a breach of their human rights.

However, Mr Turner said ministers should have ploughed money used for other aspects of the service into ending the practice.

At the Court of Session on Tuesday, Lord Macfadyen gave ministers 72 hours to transfer Mr Napier, who was being held in the C Hall remand section at the jail, to accommodation which complied with the European Convention on Human Rights.

Following the second hearing on Wednesday, Mr Napier is to remain in the remand wing until the appeal is heard, possibly on Friday.

An SPS spokeswoman said slopping out was being phased out at the five jails where it is still practised - Barlinnie, Edinburgh, Perth, Peterhead and Polmont young offenders' institution - over the next four years.

Mr Napier has been in prison since 18 May, when he was arrested after failing to appear at the High Court in Glasgow to answer charges of assault, robbery and abduction. He sought transfer from the Glasgow jail and compensation of 5,000.

Derek Turner: Possible legal action

The ruling has led to concerns that the hard pressed prison system could be thrown into turmoil if further cases are brought.

Other prisoners are understood to be meeting solicitors with a view to taking similar action.

Scotland's chief inspector of prisons, Clive Fairweather, warned that there was "no overnight solution" to the problem of slopping out.

Mr Fairweather, who has repeatedly called for an end to the "19th century" practice, said massive public investment was needed to bring jail conditions up to standard.

"What people have to remember is that whatever the outcome, it is the public's money that is going to be required to solve this problem."