Prisons Inspectorate (Hansard, 11 May 1993)

§ Mr. Lang

The prisons inspectorate was established in its present form following the publication in 1979 of the report by the committee of inquiry into the United Kingdom prison services which recommended that there should be a systtem of inspection of the prison service distanced as far as might be practicable from the prison departments. Subsequently, the post of Her Majesty's chief inspector of prisons for Scotland was approved and the inspectorate commenced operations on 1 January 1981.

HMCIP's main statutory responsibility is the regular inspection of individual establishments. In carrying out this function matters which are inspected and reported on include physical conditions, quality of prisoner regimes, morale of staff and prisoners, facilities and amenities available to staff and prisoners, questions of humanity and propriety and the general efficiency and effectiveness of the establishment. Within the Scottish prison service there are 19 separate penal establishments, two of which contain special units, and it is the aim of the inspectorate to carry out a full inspection of each of these establishments once every three and a half years. Each inspection lasts for up to two weeks, depending on the size and complexity of the establishment, following which a detailed report is prepared. In addition, a one-day inspection, which may be unannounced, is undertaken annually at each establishment not being formally inspected.

Other areas of responsibility of HMCIP include the triennial inspection of legalised police cells, which are in locations distant from prisons proper, the undertaking of periodic thematic studies which focus attention on specific areas or aspects of the prison service and the production of an annual report.

The Government's White Paper on the citizens charter set out the role which inspectorates should play and I am satisfied that the prisons inspectorate are applying the key principles of that role.

Independence

HMCIP is appointed by the Crown under section 7 of the Prisons (Scotland) Act 1989 and since the establishment of the present inspectorate in 1981 all three post-holders have been lay appointments, that is, individuals who have had no previous connection with the prison service. I intend to continue to make lay appointments to the post. In undertaking the duties of the post, HMCIP is supported by two senior prison governors who provide professional advice and guidance during the conduct of inspections and the preparation of reports. Although these officers may have future career enhancement within the service which they are inspecting, they will continue to be formally seconded to the inspectorate for 414W the duration of their posting there. The inspectorate team is completed by an administrative civil servant who acts as staff officer.

The inspectorate determines its own programme for the inspection year and submits it to me for approval. During any inspection the inspectors have free access to any part of the establishment or to any individual therein. Reports are prepared without consultation with, or direct contribution from, the Scottish prison service and are submitted directly to me. HMCIP has no direct input to the policy or management of the Scottish prison service although recommendations in reports may have implications for either or both. Whether invited or not, HMCIP may from time to time offer comment on actual or potential developments.

Lay involvement

Lay involvement in the oversight of prisons has been separately provided for, since the last century, by the statutory appointment of visiting committees for each establishment, members of which are statutorily nominated in the case of young offenders institutions by the Secretary of State and in the case of adult prisons by local authorities. These committees act as independent observers on my behalf and have the absolute right to visit the appropriate prison whenever they wish. Their main functions are to pay frequent visits to the prison, to hear any complaints which may be made by the prisoners and to report to me any matter which they consider it expedient to report. As part of every full inspection HMCIP invariably seeks a meeting with representatives of the local visiting committee and records their views on the establishment in the final report.

HMCIP may co-opt additional lay members on to the inspection team to deal with specific issues relating to individual establishments, if necessary.

Openness

The inspectorate has published its annual inspection programme for 1993–94 and will continue to do so for future years. Arrangements are always made to meet groups of prisoners and staff during each full inspection and arrangements are now also being made to give prisoners' visitors an opportunity to meet the inspectors and, alternatively or additionally, to submit comments orally or in writing.

All the inspectorate's reports are submitted directly to me and are published in full, save occasionally as regards parts of reports which HMCIP has indicated should not be published as touching on confidential matters involving security. When published, they are invariably accompanied by my formal response. These arrangements cover not only the reports of the regular inspections of individual establishments but any thematic study reports and in particular HMCIP's annual report, publication of which is statutorily required. It is for HMCIP to decide whether to hold a press conference on the publication of reports and no restrictions are placed on discussions with the media on 415W matters relating to inspections. All the inspectorate's reports are available publicly—a charge now being made only in the case of the annual report.

Resources

HMCIP has no role in the allocation of resources to the Scottish prison service or among individual establishments, except insofar as recommendations may lead to a re-assessment of priorities. While the inspectorate's overriding statutory commitment is to comment on the acceptability of conditions, all reports take into account the need for cost efficiency and effectiveness.