Date lodged: 24 February 2017
To ask the Scottish Government what assessment it has made of the likelihood of, and possible consequences arising from, legal action being raised against it or the Scottish Prison Service by staff or non-smoking inmates who are subject to the effects of passive smoking.
Answered by: Michael Matheson 8 March 2017
I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:
SPS is very much aware of the issues related to passive smoking, including the risk of legal challenge. SPS has successfully defended a challenge on behalf of Scottish Ministers from a person in our care, concerning passive smoking.
Over the last decade SPS has made a number of policy changes to restrict smoking in Scottish prisons. Under current Prison Rules, those in our care are only permitted to smoke in their own cells and during outdoor recreation. Staff, visitors and contractors are not permitted to smoke anywhere on SPS property.