Following last year’s judgement in the Somerville case in which four inmates sued the state over a decision to segregate them from the mainstream prison population talks between ministers and officials have been ongoing. Discussions have attempted to address the issue of a time bar in human rights claims against the Scottish Government.

As a result of the Law Lords judgement last October the Scottish Government has been left open to claims for damages arising from alleged breaches of human rights without a one year time bar, which does not apply to other public authorities. This was an unintended consequence following the incorporation of the European Convention on Human Rights (ECHR) into Scots Law.

Justice Secretary Kenny MacAskill is now urging Westminster to bring the liability of the Scottish Government into line with other public authorities and pressing them for the decision.

MacAskill said:

"When the Somerville judgement was delivered in October 2007 Scottish Ministers made it clear to the UK Government that the situation was unacceptable.

"As it stands the Scottish Government, unlike other public authorities, is exposed to claims for damages arising from alleged breaches of human rights without a one year time bar.

"We received initial indications from the UK Government that they would consider the issue positively and promptly. It is therefore frustrating that despite our strenuous efforts we still await a commitment by the UK Government to take action to remedy this situation, although our discussions with them continue. I have made clear to the UK Government our dissatisfaction with its failure to act and am continuing to put strong pressure on them to deal with the issue.

"In the meantime, we have no option but to deal with existing cases as the law now stands. We are doing that in the way which minimises the cost to the public purse.

"I am angry at having to pay out money that could otherwise be invested in a coherent penal policy, but an essential part of a good government is about dealing with the legacy of the past. This is a problem we inherited that we have to deal with. The key now is to minimise the cost to the taxpayer as much as possible, something the UK Government can assist us with.

"As a Government we are determined to deal with both the causes and effects of the court actions we have inherited relating to slopping out. I have already announced that the SPS will invest £120m a year to build long-needed replacement prisons in Peterhead and Bishopbriggs and end the conditions that leave the system open to these claims."

In response to the calls by the Scottish Government UK Justice Secretary Jack Straw said:

“The Scottish Executive’s public approach to this issue is inaccurate. The UK Government is working closely with Scottish Ministers to consider whether the Somerville ruling on slopping out requires further action.  I wrote to Scottish Ministers only last week.  We are awaiting a reply to this letter, which is essential to our ability to take discussions forward.

“I am also very surprised that Mr MacAskill’s statement was issued just before the proceedings of the Joint Ministerial Committee, attended by Scottish Ministers.  It discussed how we better cooperate but this issue was never raised either informally or formally.  I did not learn of Mr MacAskill’s statement until after the meeting.

“This is a complex area of the law and requires careful consideration with the UK Government and the Scottish Executive working together. The UK Government is emphatically not stalling on this issue.

“It is wrong of the Executive to claim the UK Government is stalling when, as Kenny MacAskill recognises, it is engaged in ongoing dialogue with the Executive”.