Smoking

– Scottish Parliament written question – answered on 2nd March 2011.

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Photo of Richard Simpson Richard Simpson Labour

Question S3W-39448

To ask the Scottish Executive, further to the answer to question S3W-39180 by Kenny MacAskill on 7 February 2011, what steps are being taken to ensure that all non-smoking prisoners and staff are protected from passive smoking.

Photo of Kenny MacAskill Kenny MacAskill Scottish National Party

I have asked John Ewing, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

Smoking by staff and prisoners is not permitted in any enclosed space on SPS property with the exception that prisoners are able to smoke in their cells.

The Prisons and Young Offenders Institutions (Scotland) Rules, Rule 31, states that no prisoner shall smoke in a prison except:

In a cell or room in which that prisoner is accommodated by him or herself or;

In a cell or room in which that prisoner is accommodated and which the Governor designates as a smoking area in accordance with a direction given by Scottish ministers or;

In the open air; in any place as Scottish ministers may specify in a direction.

Prisoners admitted to SPS establishments are subject to a cell sharing risk assessment as part of the reception process during which the prisoner can request a non-smoking cell. Where a non-smoking prisoner’s preference cannot be met immediately steps are taken to accommodate the request as soon as possible and for the position to be reviewed within 7 days.

Blair House at HMYOI Polmont, opened in November 2009 for young offenders aged under 18. Prisoners in this age group are not permitted to purchase tobacco products and therefore Blair House is a totally smoke free environment.

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