We have received Lord Bonomy's 100-page judgement and are considering it carefully, including the possible grounds for appeal.

We believe that investment should go to modernising prisons, not compensating prisoners.

That is why the Executive contested Robert Napier's claim for damages.

Scottish ministers' view has consistently been that slopping-out is undesirable and that the right way to end slopping-out is through comprehensive modernisation of the prison estate.

Ministers' investment decisions have always been taken in good faith and with that aim in mind.

Ministers have made available record levels of capital investment to the Scottish Prison Service to implement that policy, including �110m announced in September 2002 at the outcome of the Estates Review.

We believe that investment should go to modernising prisons, not compensating prisoners. A Scottish Executive spokesman

Ministers argued in Napier that their decision to allocate �13m to other high priorities like drug enforcement as part of end-year flexibility was perfectly legitimate, and in no way undermined their overall aim of modernising the prison estate and ending slopping out.

In 2000 the Executive instigated a major review of the prison estate to decide future estate requirements and priorities for investment.

That review had a very broad remit and included consideration of whether existing prisons from the Victorian era should be retained and refurbished, new prisons built or a combination of these approaches.

While the future of Barlinnie was under fundamental review in this way, ministers decided it would not be an effective use of public funds to invest in refurbishment at that time.