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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

Find out more about parliamentary questions

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Question reference: S6W-04092

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 November 2021
Current Status: Answered by Clare Haughey on 16 November 2021

To ask the Scottish Government whether it will report on the findings from the five pilot local authorities regarding extra funded childcare from 2021, and if so, whether it will include any feedback from parents who were able to automatically defer their child’s school start date.

The Scottish Government is commissioning an evaluation of the pilot approach to early learning and childcare (ELC) access for children who defer Primary 1. The evaluation research will include data collection with a sample of parents in pilot local authorities to explore their perceptions and experiences of the entitlement. We anticipate that full evaluation findings covering year 1 and 2 pilots will be published in spring 2023. Interim findings will be shared with the Deferral Working Group and published on the Scottish Government website.

Question reference: S6O-00370

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 November 2021
Current Status: Answered by Humza Yousaf on 11 November 2021

To ask the Scottish Government what action it is taking to ensure that those who are entitled to and require a COVID-19 vaccine passport exemption letter can receive one.

Evidence shows that vaccination is the most effective way to keep you, your friends, family, and community safe and we encourage everyone to consider getting the vaccine. Billions of vaccinations have now been administered globally and we are confident about the safety of these vaccines and that in the vast majority of cases a successful route to safe vaccination is found.

If vaccination is not straightforward for some individuals, support is available to help them achieve the benefits of protection from the Covid-19 vaccines. Local vaccination centres can help answer questions about the vaccine and can advise what arrangements may be put in place to enable safe vaccination.

In the rare cases where that support is provided and does not lead to vaccination then this will result in the person being identified as either able to safely receive the vaccine but decides not to do so and in this circumstance they will not be eligible for a medical exemption certificate; or they will be identified as clinically unable to safely receive the vaccine and in which case they will receive a secure paper exemption certificate in the post. All vaccine status certificates, including medical exemptions certificates, are time limited.

I am sorry that this has process has not operated as it should have in your constituent’s case and I have written to you separately on that matter.

Further information on COVID-19 Status Certificates and about medical exemptions from them is available on NHS Inform .

Question reference: S6W-03462

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 07 October 2021
Current Status: Answered by Shona Robison on 4 November 2021

To ask the Scottish Government, under section 8N sub section (2) of its draft Gender Recognition Reform (Scotland) Bill, what constitutes “manifest public policy”.

The draft section 8N in the Bill as published for consultation provides that, where a person has obtained ‘overseas gender recognition’ (as defined), the person is to be treated as if the person had been issued with a full gender recognition certificate by the Registrar General for Scotland. But this rule doesn’t apply if it would be manifestly contrary to public policy (for example, in a case where gender recognition was obtained overseas at a very young age).

Whether or not a public policy exception applies will depend on the facts and circumstances, and may in a disputed case be determined by the courts under new section 8P, which provides that a court may make an order determining the question, if the question arises in the course of civil proceedings before the court or on an application to the court by a person having an interest in it. This is set out in the draft explanatory notes to the Bill, which were published as part of the consultation on the draft Bill.

Question reference: S6W-03464

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 07 October 2021
Current Status: Answered by Shona Robison on 4 November 2021

To ask the Scottish Government what advice it has given to the Scottish Prison Service regarding the safe provision of custody arrangements for persons who make a self-declaration under the proposed provisions in its draft Gender Recognition Reform (Scotland) Bill, including in relation to whether this declaration is made before trial, during trial or after conviction.

The Scottish Prison Service (SPS) has a Policy in place regarding the treatment of Trans Prisoners in custody. This Policy is in line with the Equality Act 2010. The SPS carry out comprehensive risk assessments to assess risks to both prisoners and staff in determining how individual transgender prisoners are managed. The 2010 Act is generally reserved to the UK Parliament. The Scottish Government’s intention is this Policy would continue to have effect under the provisions in the draft Gender Recognition Reform (Scotland) Bill.

Question reference: S6W-03465

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 07 October 2021
Current Status: Answered by Shona Robison on 4 November 2021

To ask the Scottish Government whether provision will be made to ensure protection for persons authorised to solemnise a marriage to refuse, on grounds of religious belief or consciousness, to conduct a marriage of a person who makes a self-declaration under the proposed provisions in its draft Gender Recognition Reform (Scotland) Bill.

There is existing provision on celebrants not contravening provisions on gender reassignment discrimination by refusing to solemnise a marriage if the celebrant reasonably believes the gender of the person getting married has become the acquired gender under the Gender Recognition Act 2004. This provision is contained in paragraph 25 of schedule 3 of the Equality Act 2010: Equality Act 2010 (legislation.gov.uk) which is generally reserved to the UK Parliament. The Scottish Government’s intention is this provision would continue to apply under the Gender Recognition Reform (Scotland) Bill.

Question reference: S6W-03463

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 07 October 2021
Current Status: Answered by Shona Robison on 4 November 2021

To ask the Scottish Government what consideration it has given to protecting schools, colleges, charities and other amateur sports groups that may attempt to exercise their rights under section 195 of the Equality Act 2010 in reference to persons who make a self-declaration under the proposed provisions in its draft Gender Recognition Reform (Scotland) Bill.

Section 195 of the Equality Act 2010 sets out exceptions from the requirements of that Act in relation to sport. The 2010 Act is generally reserved to the UK Parliament, including section 195, so the exceptions in the section would continue unaffected by the proposed provisions in the Gender Recognition Reform (Scotland) Bill. The Scottish Government continues to support the rights and protections that women currently have under the Equality Act 2010, and the proposed reforms in the Gender Recognition Reform (Scotland) Bill do not affect this.

There is an explanatory note for section 195 that can be found here Equality Act 2010 - Explanatory Notes (legislation.gov.uk)

Question reference: S6W-03466

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 07 October 2021
Current Status: Answered by Maree Todd on 4 November 2021

To ask the Scottish Government what the current waiting times are for people to get an initial appointment at an NHS Gender Identity Clinic, and whether these waiting times have been impacted by the COVID-19 pandemic.

The National Gender Identity Clinical Network for Scotland (NGICNS) publishes a general overview of gender identity clinic waiting times in Scotland in its annual reports. The latest published annual report from NGICNS is available at: https://www.ngicns.scot.nhs.uk/about-us/midannual-reports/

The next annual report from NGICNS is due for release from May 2022.

From March 2020 unfortunately, as with other parts of the NHS, services delivered by gender identity clinics were and continue to be impacted by the COVID-19 pandemic.

The Scottish Government fully recognises the need to reduce waiting times to access NHS gender identity services. That is why we have committed to improving access to these services in our 2021/22 Programme for Government .

Question reference: S6W-03522

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 06 October 2021
Current Status: Answered by Kevin Stewart on 2 November 2021

To ask the Scottish Government what work it has undertaken to assess how autism diagnosis waiting times could be routinely recorded and published.

The Scottish Government is committed to implementing the National Neurodevelopmental Specification: Principles and Standards of Care for Children and Young People, published in September 2021, which specifies service standards that all children’s services should follow, to ensure access to support is effective and consistent across Scotland. Scottish Government have also commissioned Directors of eHealth, working with others including Public Health Scotland, to work to improve digital infrastructure, applications and data to report on all standards within the National Neurodevelopmental Specification.

In addition to these actions, and to support this work, £3.06 million has been allocated to NHS Boards, for the remainder of this year, to build professional capacity within Boards to support children and young people with neurodevelopmental support needs.

The Scottish Government has also established the National Autism Implementation Team, in partnership with Queen Margaret University, to support Health and Social Care Partnerships to consider best practice and improve service in adult autism diagnostic services. The National Implementation Team is supporting NHS Boards to examine diagnostic pathways for autism and establish regional experts to assist with improving tiered autism specialisms across health boards.

Question reference: S6O-00319

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 27 October 2021
Current Status: Taken in the Chamber on 4 November 2021

To ask the Scottish Government what measures are currently in place to ensure the protection and preservation of war memorials.

Question reference: S6W-03677

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 12 October 2021
Current Status: Answered by Mairi Gougeon on 22 October 2021

To ask the Scottish Government what plans it has to consult on legislation to extend the framework for the licensing of activities involving animals to include dog (a) walking, (b) grooming and (c) boarding services.

The Programme for Government 2020-21 commits the Scottish Government to consult on legislation to extend the new framework that came into force on 1 September for the licensing of animal welfare establishments, dog, cat and rabbit breeding and pet sales to performing animals and animal care services. This could include dog walking and grooming, as well as boarding services which are currently regulated under the Animal Boarding Establishments Act 1963.

We plan to bring forward consultations in this area in due course after allowing a period of familiarisation with the recent licensing changes, so that the practical experiences of local authorities in implementing these can be considered in any future proposals.