Seòmar agus comataidhean

On 22 December 1999 in Larkhall, Lanarkshire an explosion destroyed the dwellinghouse at No. 42 Carlyle Road. All four occupants of that dwellinghouse, including two children, were killed. Criminal proceedings were taken against Transco PLC in relation to the explosion on 22 December and the deaths of the four individuals, with the company being charged, in the first alternative, with the common law offence of culpable homicide and, in the second alternative, a contravention of sections 3 and 33(1) of the Health and Safety at Work Act 1974. Prosecution on the culpable homicide charge was unsuccessful. The trial proceeded on the charge under sections 3 and 33(1) of the Health and Safety at Work Act 1974 and the jury unanimously found the company guilty of that offence on 25 August 2005. A fine of £15 million was imposed.

The Corporate Manslaughter and Corporate Homicide Act 2007 created a new offence of corporate homicide in Scotland.

COPFS Health and Safety Investigation Unit leads the investigation and prosecution of all work-related deaths and all health and safety cases across Scotland. It provides advice, support and direction to investigators from Police Scotland, the Health and Safety Executive (HSE), Local Authorities and other regulatory agencies from the very earliest stages of an investigation.

Every fatality at a place of employment or fatality that occurs as a result of a work-related activity in Scotland is investigated as a potential corporate homicide. The very nature of this category of case means that detailed and lengthy investigation, often involving technical and medical issues and expert opinion, may be required. The Work Related Death Protocol for Scotland – which has been signed by COPFS, Police Scotland (ACPOS), British Transport Police and HSE - ensures that when a work-related death occurs, a thorough, co-ordinated and multi-agency investigation takes place allowing all possible offences to be considered.

Once reported each case is carefully considered by lawyers within the COPFS Health & Safety Investigation Unit and turns on its own facts and circumstances. Corporate homicide is considered in every work-related death reported for prosecution, and lines of investigation in connection with corporate homicide are explored regardless of whether or not such a charge was reported in connection with the death.

Since 2008 16 cases have been reported to the Crown in respect of corporate homicide as well as other charges. Of those cases two remain under consideration by the Crown. Two cases, reported in 2011 and 2016, were marked for no proceedings. In the remaining cases all have resulted in guilty convictions in a solemn court. Whilst there have been no prosecutions under the Corporate Manslaughter and Corporate Homicide Act 2007 the cases have resulted in guilty pleas to breaches of either section 2 or section 3 of the Health and Safety at Work Act 1974 or maritime health and safety legislation. The Court has the same sentencing powers available to them for these offences as for the offence of corporate homicide. The fines issued in these cases range from £4,000 to £234,000.

Decisions about the provision and commissioning of individual community justice services, including any re-tendering exercises, are a matter for local authorities based on local needs. The Scottish Government has continued to invest around £134 million in community justice services this year, including providing around £123 million to local authorities, and has not asked local authorities to reduce any specific funding within that.

We understand that Glasgow City Council are working closely with Turning Point Scotland to support those currently using the service. The Council has also provided reassurances that other relevant services and approaches are available to support people with similar needs following the anticipated closure of the service.

These include residential placements in addiction services, the trauma-informed Tomorrow’s Women Glasgow service and the use of women-only drug courts and problem-solving courts, and the Lilias Centre Community Custody Unit.

The Scottish Government uses a range of measures and sources to consider and report on the impact of the Care Experienced Children and Young People Fund.

Nationally published data, such as the annual Educational Outcomes for Looked after Children is used to consider the impact of this fund. It is encouraging that the latest statistics show an improving position for care experienced children and young people. Whilst real progress has been made, there remains a sizeable gap between the educational outcomes of care experienced children and young people and all pupils. It’s within that context that Scottish Government officials are currently working with local government to develop a long-term approach to improving these outcomes in response to the Promise.

The impact of the Care Experienced Children and Young People Fund is also considered as part of the Evaluation Strategy for the Attainment Scotland Fund 2022 – 2026 . The first annual evaluation plan for 2022-23 , published in February 2023 and, most recently, the SAC Leads Survey Report published 22 September 2023. Evidence from the latter of those shows the Care Experienced Children and Young People Fund is viewed to have supported strategic decision-making to improve attainment or outcomes for care experienced children and young people within respondent local authorities. Dedicated postholders such as Virtual Headteachers were also highlighted for their positive contribution towards joint working and capacity building.

Existing local authority Education Standards and Quality reports (or local equivalent reports) are also used to report on the progress being made with the support of all Attainment Scotland Funding, including the Care Experienced Children and Young People Funding. Within these reports each local authority presents a clear narrative on the extent to which this funding has influenced and supported local approaches to making progress towards identified stretch aims and achieving the mission of the Scottish Attainment Challenge. Many local authorities have also set specific targets for care experienced children and young people in their stretch aims and these are published as part of the aggregated measures .

The National Improvement Framework and Improvement Plan is designed to help us deliver the twin aims of excellence and equity; galvanising efforts and aligning our collective improvement activities across all partners in the education system to address our key priorities. At national level, this Improvement Plan summarises the key evidence and identifies both ongoing and new improvement activity that we will be taking forward or supporting at national level. These plans also play a role in measuring ongoing activity and the impact of this fund.

There has been 1 fatality as a result of road accidents on the A90 between Dundee (Emmock Roundabout) to Stonehaven, where Slug Road crosses the A90 since 1 April 2021.

The Scottish Government has discussed food waste with a range of representative and third sector organisations. For example, an eNGO roundtable event took place with Stop Climate Chaos Scotland and Scottish Environment Link members, with representatives from: WWF; Friends of the Earth Scotland; Circular Communities Scotland; and Stop Climate Chaos Scotland. Another example is ongoing support and engagement with WRAP UK - a climate action NGO – which has expertise in food waste reduction. We have also engaged with FareShare on food redistribution. This engagement is complemented by programme partners at Zero Waste Scotland who work with community food groups and wider third sector organisations on food waste reduction.

In June 2023, NHS Scotland Assure completed a desktop review of the entire NHS estate which identified 254 health properties that were assessed to have a high or medium likelihood of RAAC. The Scottish Government made a commitment that all 254 priority properties would be subject to an intrusive survey by the end of November and that work is now complete; RAAC has been identified in 32 properties across NHS Scotland. Across NHS Scotland, the approach taken when RAAC is discovered follows the risk-based approach recommended by the Institution of Structural Engineers.

One property, Denburn Health Centre, was permanently vacated in September as a result of risks associated with RAAC. Prior to the identification of RAAC, there was an intention to vacate Denburn Health Centre at the earliest opportunity, so disruption was minimal and all services have now transferred to Carden Place which has much improved facilities. RAAC was also identified in one plant room in the Western General Hospital in Edinburgh where an initial review on the area did not highlight any structural concerns and although some repair work is required, the structural engineer confirmed the area is structurally sound. For the remaining 30 NHS properties identified with RAAC, there is no immediate disruption or concern, though additional monitoring and management of the situation is required in all cases.

Since the commencement of the survey programme, a better and wider understanding of the incidences of RAAC and a general raising of awareness has resulted in several NHS Boards approaching NHS Scotland Assure with additional properties to add to the desktop triage process. We expect somewhere in the region of 150 additional buildings will require a survey along with the 148 properties which were originally identified as having a low likelihood of RAAC.

The survey programme is now continuing with the additional properties identified as having a high or medium likelihood of RAAC followed by all properties identified in the desktop review with a Low likelihood of RAAC.

As of 7 December 2023 a total of 281 properties have been surveyed.

Details of the survey programme are available on NHS Scotland Assure’s website which also contains a link to each NHS Boards RAAC webpage for current information about progress of the survey programme:

https://www.nss.nhs.scot/publications/reinforced-autoclaved-aerated-concrete-raac-discovery-survey-programme-list-of-properties/

A number of alternative methods of control are available to aid bracken management depending on the intended outcome of a control strategy and the challenges that could be encountered.

The Scottish Government will continue to support stakeholders by working with NatureScot to progress priorities that were identified at the stakeholder roundtable in August. These include delivery of best practice guidance, to be in place for June 2024, and development of a bracken framework which will help land managers consider where bracken control is needed, how it could be undertaken and the intensity of any control.

The Scottish Government takes the use of chemicals very seriously. Pesticide products are only authorised where data demonstrates that the proposed use will not have unacceptable effects on human health or the environment.

The Brush Up campaign has been developed to raise awareness of changes to NHS dentistry from 1 November, and to assure patients that they will still be able to access a full range of treatment on the NHS.

In particular the campaign directs patients to updated NHS Inform webpages which set out key information in relation to NHS dental treatment in Scotland. This includes a plain English explanation of the changes to examination frequency, noting these are now determined with respect to individual risk factors; entitlements to exemptions; and information on accessing a dentist.

Information on the incidence or occurrence of rare conditions such as cystic fibrosis is not held centrally by the Scottish Government, however, it is estimated that approximately 900 people in Scotland have cystic fibrosis.

I refer the member to the answer to question S6W-23215 on 11 December 2023. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

We recognise that the third sector needs clarity and stability to secure its resilience and to grow its capacity. That is why we have committed to develop a Fairer Funding approach for the sector as a means to embed systemic change and to create conditions for third sector organisations to thrive as part of a mixed economy.

Our initial focus has been on improving grant-making arrangements, including increasing multi-year funding. Officials are working with grant managers across the organisation to ensure that they are aware of, and operating within, the terms of the commitment.