By Steve Bargeton, political editor

THE SCOTTISH Government was last night forced to agree to make a statement to parliament on the case of the offender who absconded from Castle Huntly open prison near Dundee and raped a schoolgirl.

Earlier in the day, Justice Secretary Kenny MacAskill had insisted there was no need to make a statement. However, he later bowed to opposition pressure—led by the Scottish Tories—after MSPs threatened to vote down next week’s Holyrood business motion.

A report out this week detailed a catalogue of errors in the case of Robert Foye, who was considered a suitable candidate to be in an open jail despite having a high risk of re-offending.

Opposition MSPs have demanded to know why Foye was returned to prison after his first abscond from Castle Huntly without his “low risk” prisoner classification being changed.

Having rejected calls for a parliamentary statement, Mr MacAskill last night agreed to address MSPs next week.

“The government was perfectly prepared to make a statement to parliament on this extremely serious issue and reached an agreement with opposition groups to do so next week,” he said.

“It is right that Scotland’s national parliament reflects the concerns and priorities of the Scottish people.

“There is enormous public concern given what occurred and the appalling crime committed by Robert Foye and ministers do not believe that this should be a matter for partisanship.

“Ministers asked the SPS (Scottish Prison Service) to carry out a report into this dreadful case and will ensure its recommendations are implemented as a matter of urgency.”

Mr MacAskill said the independent commission under former First Minister Henry McLeish would examine the open estate.

Scottish Tory justice spokes-man Bill Aitken—who led the charge on the Foye case—last night welcomed the change of heart by the minister.

“This is a very welcome development, although it is only happening because of Scottish Conservative pressure,” Mr Aitken said.

“It is crucial that Kenny MacAskill makes this statement, even if he is going to have to defend the indefensible.

“I was astonished to hear remarks of Michael Duffy from the Scottish Prison Service this morning, when he admitted that offenders classed as being high risk could still be transferred to open jails.

“He was effectively admitting it could happen all over again.

“How is that supposed to reassure people in Scotland? Even the SPS appears to have given up all hope of controlling Scotland’s prison population.

“And on that note, the cabinet secretary for justice really has to stop hiding behind the McLeish Commission.

“Next week he must stand up and take responsibility.”

Earlier yesterday Mr Duffy, the director of prisons for the Scottish Prison Service, said processes would be “beefed up” in the light of the Foye case.

“We accept that what has happened on this occasion is obviously not acceptable to us or the public and what we’ve got to do is beef it up in every single way that we can, and that’s what we’re trying to do,” he said.

Yesterday’s report recommended seven changes be made to the system of transferring prisoners to open jails and Mr Duffy said the SPS had already set up a team to implement the recommendations.

Mr Duffy added that Foye was classed as high risk for some particular offences only and not for the type of offence he went on to commit.

“We’re looking at different assessment tools which take account of a wider range of factors,” he said.

“What happened to that young girl we find appalling and from a prison service point of view we regret it very much, the suffering to her and her family, and we obviously have to take lessons on board.”

Foye attacked the 16-year-old in Cumbernauld in August, and had been on the run for almost a week before carrying out the offence.

It was the second time he had absconded from the open prison, having previously gone on the run in 2005.

He admitted the rape when he appeared at the High Court in Glasgow and is due to be sentenced in May.

Judge Lady Smith has told him he faces being put under strict supervision for the rest of his life because of his high risk of re-offending.