Minister's apology to Foye victim

Robert Foye raped a schoolgirl while on the run from prison

Justice Secretary Kenny MacAskill has apologised to a schoolgirl raped by a man on the run from an open prison.

Robert Foye absconded from Castle Huntly open jail before carrying out the attack in Cumbernauld in August.

Mr MacAskill also told parliament Castle Huntly and Scotland's other open prison, Noranside, currently run jointly, would get separate governors.

And he again warned any prisoners absconding in future were likely to be sent back to a normal jail.

Labour called for an independent inquiry into the case.

Foye was serving a sentence for the attempted murder of a policeman when he absconded from Castle Huntly, near Dundee.

The open estate will continue to remain a vital part of our penal system Kenny MacAskill justice secretary

He had previously run away, but was sent back to an open jail despite there being a "high risk" of him reoffending.

Mr MacAskill paid tribute to the "fortitude and resilience" of Foye's victim in trying to rebuild her life.

He told MSPs: "I apologise unreservedly to her for the shortcomings within our prison system that have allowed this individual to put her through such pain.

"I will be meeting the brave, young woman and her family soon to give her that apology in person, and with it the admiration and good wishes of this whole parliament."

'Re-offending cycle'

The Scottish Prison Service said it was tightening the rules in the wake of the case.

Bosses said there was "always a possibility" that Foye - who has yet to be sentenced for the rape which he admitted carrying out - could abscond, but said it could not have been predicted he would commit a sex crime.

The justice secretary said the return of absconders to open prisons would in future require approval from senior prison service staff.

He said: "I expect such approvals to be few and justifiable."

Mr MacAskill also said a blanket ban would leave the government open to a legal challenge.

He added: "The open estate will continue to remain a vital part of our penal system.

"This is accepted by all parties and is necessary to help break the cycle of re-offending that scars Scotland."

Foye absconded from Castle Huntly before committing rape

Labour justice spokeswoman Pauline McNeill welcomed the apology.

She said: "So far, the Scottish Prison Service has failed to do that."

"Hard questions need to be asked as to how Robert Foye became eligible to serve his sentence in part of the estate which seems to have no or little supervision."

Tory justice spokesman Bill Aitken said there were unanswered questions over which prisoners should be sent to open jails.

He demanded: "There should be no second chances. Those who abscond once should not have the opportunity of doing so again."

The Liberal Democrats' Mike Pringle voiced concern that open jails were being used to deal with prison overcrowding, while Labour Cumbernauld and Kilsyth MSP Cathie Craigie said she could take no comfort from Mr MacAskill's remarks.