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Human rights anomaly action urged Human rights anomaly action urged
(20 minutes later)
The Scottish Government is to urge Westminster to legislate quickly to end a legal anomaly which could eventually cost as much as £65m. The Scottish Government is urging Westminster to change the law to stop millions of pounds of compensation being paid to criminals.
It wants a time limit to be imposed for prisoners and other groups bringing claims under the human rights laws. So far £11m has been paid to more than 3,500 prisoners after a judge ruled their human rights had been breached by poor toilet facilities in jail.
The House of Lords ruled in 2007 that a one-year time limit for bringing claims on issues such as slopping out in jails did not apply in Scotland. In Scotland such claims can date back to the introduction of the Human Rights Act in 2001.
Elsewhere in the UK claims must be made within one year.
Justice Secretary Kenny MacAskill wants the UK government to legislate to bring Scotland into line with the rest of the country.
He told parliament that £67m had been set aside for payouts to this year.
Human rights
Mr MacAskill described the situation as "untenable and unacceptable" and said changing the law would free £50m for spending on other government priorities.
Slopping out was the practice of using buckets as toilets in prison cells.Slopping out was the practice of using buckets as toilets in prison cells.
The Scottish Prison Service has so far paid out about £11m to 3,500 prisoners and more claims are being pursued. Although it has now ended, claims continue to be made, dating back up to eight years.
Mr MacAskill said 3,737 cases had been settled at a cost of £11.2m.
A further 1,223 were being dealt with - an average of 200 new claims per month.
The House of Lords ruling in October 2007 said claims in Scotland could date back to 2001, when human rights laws became operational.The House of Lords ruling in October 2007 said claims in Scotland could date back to 2001, when human rights laws became operational.
In England and Wales there is a one-year time bar for such claims.In England and Wales there is a one-year time bar for such claims.
The anomaly has arisen because of the wording of the Scotland Act which established devolution - and included human rights provisions.The anomaly has arisen because of the wording of the Scotland Act which established devolution - and included human rights provisions.
Only Westminster can change this and Scottish ministers have been urging their colleagues in London to act quickly.Only Westminster can change this and Scottish ministers have been urging their colleagues in London to act quickly.