- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Thursday, 09 February 2023
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Current Status:
Answered by John Swinney on 28 February 2023
To ask the Scottish Government what actions it has taken to encourage and support local authorities to systematically assess the implications of using private finance ahead of any new infrastructure projects.
Answer
Local authorities determine their own programmes for capital investment and are required by legislation to comply with The Prudential Code for Capital Finance in Local Authorities, which was developed by the Chartered Institute of Public Finance and Accountancy (CIPFA). The Prudential Code requires local authorities to ensure that all capital investment decisions are prudent, affordable and sustainable.
The Scottish Government have no plans to propose the use of private finance for any new local authority led infrastructure projects. As a government however, we are committed to ensuring that existing private finance contractual obligations are delivered and that contracts are affordable. That is why we have asked the Scottish Futures Trust (SFT) to work with public bodies to realise contract management improvements including re-scoping services, sharing in insurance cost savings, and optimising the risk transfer in contracts. SFT have published several guidance notes in relation to operational contract management which are available from their website at the following link www.scottishfuturestrust.org.uk/operational-ppp
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 22 February 2023
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Current Status:
Taken in the Chamber on 2 March 2023
To ask the Scottish Government what progress it is making towards fulfilling its commitment to introduce a national system of rent controls by the end of 2025.
Answer
Taken in the Chamber on 2 March 2023
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Friday, 10 February 2023
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Current Status:
Answered by Tom Arthur on 21 February 2023
To ask the Scottish Government what actions it plans to take to ensure that the National Planning Framework and its plans for net zero are supported by implementing an alternative to public private partnership (PPP) arrangements across sectors.
Answer
National Planning Framework 4 (NPF4) was adopted on 13 February 2023. Delivery of NPF4 is not the sole responsibility of one organisation or sector and implementation of the proposed actions will support leadership and collaborative working across the public and private sectors throughout Scotland.
Our NPF4 Delivery Programme will guide how NPF4 will be implemented by all relevant stakeholders and aims to create the conditions under which place-based collaboration can underpin the implementation of NPF4, by clearly setting out strategic actions, responsibilities and ways of working. The Delivery Programme proposes a governance structure that will include providing oversight of NPF4 implementation and delivery, supporting its incorporation into Scottish Government and wider stakeholder decision-making, promoting alignment across sectors and providing a framework through which delivery partners can communicate, identify barriers to delivery and be solution-focused. This includes establishing a new Planning, Infrastructure and Place Advisory Group, with a core membership of key external delivery partners and key agency representation, supported by a Scottish Government secretariat.
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Thursday, 26 January 2023
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Current Status:
Answered by Keith Brown on 8 February 2023
To ask the Scottish Government whether an independent inquiry into the 2005 conviction of Luke Mitchell for the murder of Jodi Jones in 2003 is being considered by the Lord Advocate.
Answer
Where a person has been convicted of any offence, including murder, they can appeal against the decision of the independent court. Even where the normal appeals route is exhausted, if the person considers they have suffered a miscarriage of justice, they can apply to the independent Scottish Criminal Cases Review Commission (SCCRC) to have their case reviewed. The SCCRC have a power to refer a case back to the High Court for a fresh appeal if they believe there may have been a miscarriage of justice, and it is in the interests of justice to do so. If an applicant is dissatisfied with how the SCCRC have considered their application, it is open to the applicant to seek judicial review of the SCCRC's decision not to refer their case to the High Court.
Under the Inquiries Act 2005, the Scottish Ministers are empowered to establish a public inquiry where particular events have caused, or are capable of causing, public concern, or where there is public concern that particular events have occurred. In view of the fact that Mr Mitchell's conviction for murder remains in place following appeals and consideration by the SCCRC, the Scottish Ministers are not currently giving consideration to a public inquiry in respect of Mr Mitchell's conviction.
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Thursday, 02 February 2023
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Current Status:
Taken in the Chamber on 8 February 2023
To ask the Scottish Government what steps it is taking through its Covid Recovery Strategy to support students.
Answer
Taken in the Chamber on 8 February 2023
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Tuesday, 24 January 2023
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Current Status:
Answered by Elena Whitham on 1 February 2023
To ask the Scottish Government what discussions it has had with the Scottish Courts and Tribunals Service in response to reports that the number of warrants for entry that have been granted has trebled since 2020.
Answer
Whether or not to grant a warrant for entry is a judicial decision.
Legislation places a duty on all government ministers; law officers; and members of the parliaments to uphold judicial independence, barring them from trying to exert influence over judicial decisions.
For the purpose of upholding that independence, there is a duty on the First Minister, the Lord Advocate and the Scottish Ministers not to seek to influence judicial decisions through any special access to the judiciary. "Special access" refers to any access which they may have which a member of the general public may not.
Additionally, if judicial training is considered necessary then this is entirely a matter for the Lord President as Head of the Judiciary.
For these reasons it would not be appropriate to meet with the Scottish Courts and Tribunals service to discuss the increase or otherwise of the number of warrants granted.
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Friday, 20 January 2023
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Current Status:
Answered by Elena Whitham on 30 January 2023
To ask the Scottish Government which fire stations are currently recorded as (a) lacking sufficient showering or toilet facilities, (b) lacking basic bathroom facilities, (c) lacking shower facilities, (d) lacking drying facilities, (e) lacking a water supply, (f) being in “poor or bad condition” and (g) held up at least in part by internal scaffolding, broken down by local authority area.
Answer
The facilities in place at the 357 fire stations in Scotland are an operational matter for the Scottish Fire and Rescue Service. There are 14 stations that have been identified with defective roofing material requiring remedial action that are located in Crewe, Cumbernauld, Dalkeith, Galashiels, Hawick, Helensburgh, Huntly, Liberton, Livingston, Marionville, Milngavie, Portree, Stewarton and Tranent.
It is worth noting that the listed stations above were inherited legacy buildings which contribute to the Services capital backlog investment requirement.
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Tuesday, 24 January 2023
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Current Status:
Answered by Keith Brown on 30 January 2023
To ask the Scottish Government what steps it is taking to improve the recording and accuracy of data within the Scottish Courts and Tribunals Service in relation to warrants for entry.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who will reply in writing within 20 days
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 18 January 2023
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Current Status:
Answered by Keith Brown on 30 January 2023
To ask the Scottish Government what assessment it has made of capacity at prison facilities for the purpose of relocating HMP and YOI Cornton Vale prisoners during the interim period between the prison’s closure and HMP and YOI Stirling’s opening.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
SPS continually monitor both the prison population and the number of available spaces for all those in our care. The current women’s estate, excluding HMP & YOI Cornton Vale provides 349 single room spaces as follows:
- HMP Edinburgh 92
- HMP & YOI Polmont 117
- HMP & YOI Grampian 48
- HMP Greenock 52
- The Lilias Centre 24
- The Bella Centre 16
The current average number of Women in SPS care is 282.
- Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
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Date lodged: Wednesday, 18 January 2023
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Current Status:
Answered by Keith Brown on 26 January 2023
To ask the Scottish Government whether it will set out its contingency plans for the relocation of prisoners housed at HMP and YOI Cornton Vale in the interim period between the prison’s closure and HMP and YOI Stirling’s opening.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
It is anticipated that the majority of the women living at Cornton Vale will transfer to HMP & YOI Polmont during the interim period where there is already a comprehensive range of services and interventions available for them.
Every effort has been made to ensure the care of the women is not compromised or reduced during the transition period and each woman will engage in an individual case discussion supported by Health Care and Social Work colleagues to identify the most appropriate transfer location for them.
A dedicated area within Polmont has been identified and work is currently underway to increase the number of available ‘safer rooms’ ahead of any relocations taking place. A number of staff who currently work with the women will also relocate to Polmont to provide continuity of care. This will be supplemented by ongoing support from partner agencies including NHS Forth Valley, Social Work Services within Stirling and Falkirk local authorities and Voluntary Third Sector Partners.
