HUMZA Yousaf is planning to raise the issue of the Scottish Prison Service (SPS) still having crown immunity with the Prime Minister amid a key fatal accident inquiry (FAI).
An FAI is currently being carried out into the deaths of Katie Allan, 21, and William Lindsay, 16, who were found dead in their cells at Polmont Young Offenders Institution in 2018.
The families’ solicitor Aamer Anwar wrote to Yousaf over the weekend to ask him why he had “never taken steps” to try and eradicate the “archaic” principle of crown immunity for the SPS, which means the organisation cannot be criminally prosecuted.
But the Scottish Government has now confirmed Yousaf – who is a former justice secretary – will take the issue up with Sunak.
However, Anwar said he has not yet received a reply from the First Minister and has expressed his disappointment that action has been confirmed to the media before him.
Anwar wants Crown Immunity – something he described as a “shameful abuse of power” – to be lifted so the SPS can be held accountable for failings under the Health and Safety Act. He said the rule is inconsistent with standards applied in police stations and mental health hospitals.
The Scottish Government told The National: “Our thoughts remain with the families of Katie Allan and William Lindsay and all those affected by the death of a loved one in custody.
“The safe treatment and mental health of people in custody is a key priority for Scotland’s prisons, which care for people with higher levels of risk and vulnerability than the general population.
“While crown immunity remains a reserved matter, the First Minister will personally raise the issue with the Prime Minister.”
The Government has not yet set out any more detail on what Yousaf plans to say to Rishi Sunak, though The National has asked for more clarity.
When he was justice secretary, he commissioned a review on mental health at Polmont and a review of the response to deaths in prison custody.
Anwar has demanded more detail on what Yousaf plans to raise with the PM and has called on him to both respond to the families and make a statement in Parliament.
“On Katie’s birthday last year, Mr Yousaf was asked to raise crown immunity but the families were simply ignored,” Anwar told The National.
“Now it would appear that that FM believes it is better to brief the media than respond directly to my letter on behalf of the families. On such an important issue, it is disappointing that the FM choses to act in such a manner.
“We want detail on what exactly he intends to do. If the First Minister now agrees that there is a need for a change in the law on Crown immunity, then that is a welcome minimal step, but we will hold his feet to the fire to deliver.
“The decent and correct way for a First Minister to act would be to have respect for the families by responding to them and secondly to make a statement to Parliament.
“Lifting of ‘crown immunity’ is the only viable remedy for saving lives. The families asked for a full detailed response to their demands for a lifting of Crown Immunity and they are entitled to it.”
Mr Lindsay, who had been in care repeatedly, died on October 7, 2018 – three days after being admitted as there was no space in a children’s secure unit, despite a history of making attempts on his life.
Last week, the FAI heard he was taken off suicide watch hours before he took his own life.
Ms Allan, a student at Glasgow University, was found dead on June 4, 2018, while she served a 16-month sentence for drink-driving and causing serious injury by dangerous driving.
