Seòmar agus comataidhean

The Crown does not grant immunity from prosecution but makes prosecutorial decisions based on criteria set out in the Scottish Prosecution Code. Decisions on prosecution are taken independently and are matters for professional prosecutors within the system for which the Lord Advocate and Solicitor General are responsible. It is therefore not appropriate for any other minister, or for Scottish Government officials or special advisers to be consulted in relation to any prosecutorial decisions.

I have confirmed to Mr Marshall’s family that some aspects of the investigation fell short of what they were entitled to expect. The previous decision not to prosecute individual prison officers cannot be reversed. I have instructed Police Scotland to investigate possible corporate responsibility by the Scottish Prison Service.

The way in which custody death cases are handled by COPFS has been reviewed and transformed. I am confident that new structures and processes in place will ensure such cases are undertaken rigorously, respectfully and compassionately.

Part 4, section 122 (4) of the Housing (Scotland) Act 2006, gives Scottish Ministers a power to approve a tenancy deposit scheme and obliges Ministers to review each scheme from time to time and gives them power, once they have done so, to ensure that any scheme is revised.

A review of the tenancy deposit schemes was undertaken at the end of 2018. The review examined whether the introduction of the tenancy deposit scheme (TDS) resolved the issues it was intended to and considered whether the TDS worked well for both tenants and landlords. It also assessed whether the current regulations were fair and fit for purpose. It was clear from the findings that the current regulations continued to provide a robust regulatory and operational framework.

Following the review a number of revisions to the operating procedures were made under The Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 and the scheme submitted revised procedures in October 2019 which were reapproved in November 2019.

The Scottish Government regularly monitors the operation of the schemes, but there are no current plans to undertake a full review of approved schemes at present.

Regular monitoring of the schemes highlighted the previously unforeseen issue of unclaimed deposits. As part of A New Deal for Tenants - draft strategy: consultation Ministers sought views on reinvesting unclaimed deposits in the private rented sector after a period of 5 years has elapsed and where all other reasonable efforts to reunite the tenant with their deposit has been exhausted.

We published the independent analysis of the consultation responses on 23 August and we are currently considering those views as we take forward this important work.

As our recent consultation on restricting alcohol advertising and promotion set out, there is evidence that those who drink heavily have increased susceptibility to alcohol marketing and that this can translate into drinking behaviours. For those in recovery, alcohol marketing can be a trigger which threatens their recovery and can be responsible for relapse.

The consultation closed on 9 March. An independent contractor will comprehensively analyse the responses and publish a report. We will then further consider possible restrictions.

Any consumer that returns a scheme article is eligible for the deposit to be refunded.

This means that the deposit forms part of the consideration for a Deposit Return Scheme (DRS) article donated to charity.

It is for the donor to consider whether they wish to charge for the deposit or include as part of the donation.

We are engaging with industry and third sector organisations where there are questions on the flow of deposits. Scotland's DRS is based on similar deposit return schemes which operate in 44 other states or territories worldwide.

The Scottish Government has been following the agreed process for excluding the deposit return scheme regulations from the Internal Market Act.

We first raised the issue with the UK Government in 2021, and on 28 February 2023 we published correspondence and a timeline setting out the steps that have been undertaken to secure an exclusion. Internal Market Act: correspondence - gov.scot (www.gov.scot) .

On 6 March I met with Ministers and Senior Officials from each UK administration at the inter-ministerial group on Environment, Food and Rural Affairs to ask for an urgent decision from the UK Government for securing an exclusion from the Internal Market Act.

I will keep Parliament updated on further developments.

I am pleased to confirm that we have today published the 2023-24 Public Sector Pay Strategy on the Scottish Government website.

The Children’s Service, My Rights, My Say is a Scottish Government funded national service which supports children between the age of 12 and 15 years to exercise their rights under the additional support for learning Act.

The free support service comprises of four parts – advice and information, advocacy support, legal representation and a service which independently seeks children’s views to inform decision making.

As a statutory service, it is available to children in every local authority. Therefore, the Additional Support for Learning Act does not also require local authorities to have advocacy services in place.

We continue to fund and support the Young Ambassadors for Inclusion and therefore confirm that the relevant action within the November 2022 Additional Support for Learning (ASL) Action Plan update is now considered complete.

In 2022-23 we provided increased funding of £30k to the Young Ambassadors for Inclusion to support the delivery of the actions to engage children and young people in policy development as part of the implementation of the ASL Action Plan. The Young Ambassadors for Inclusion collated a resource pack for Education, Learning & Support to help schools support meaningful participation of children and young people who access additional support. They also helped create a Language and Communication Guide for school staff on using the right language, provided practical guidance and activities to support practitioners. In addition, they produced two podcasts on the role of Pupil Support Staff and delivered webinars on meaningful participation for teachers and support staff.

The Scottish Government are committed to working with COSLA, ADES and our partners to deliver improvements in additional support for learning implementation and to ensure meaningful change for children and young people through our Additional Support for Learning Action Plan

As part of our work under the Additional Support for Learning Action Plan we have considered the impact of the incorporation of UNCRC on the 2004 Act, as well as additional support for learning policy, practice and guidance. We intend to continue to engage with key stakeholders to consider this work further and ensure that children’s rights are embedded and effectively underpin implementation of additional support for learning policy.

The Scottish Government is working with local government partners on the Additional Support for Learning Project Board to deliver the recommendations of the 2020 additional support for learning review by March 2026. As outlined in our updated action plan published in November 2022, we have committed to undertaking an internal awareness raising programme following a policy mapping exercise. This work will contribute to a positive communications plan to ensure visibility and awareness of additional support for learning and children and young people’s successes and achievements across a range of policies. This work is currently on track and will build upon the existing ongoing engagement across policy portfolios.

Progress can be followed through the published minutes of the Project Board . A further progress update is due to be published in May 2024.