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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.

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Question reference: S6W-14841

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 09 February 2023
Current Status: Answered by John Swinney on 28 February 2023

To ask the Scottish Government whether the Scottish National Investment Bank will have a collaborative role in the development of any national infrastructure company.

Although guided by its missions, which are set by Scottish Ministers, and the legislation within the Scottish National Investment Bank Act 2020, the Bank operates independently. So, any potential future investment roles or opportunities would be a matter for the Bank to decide.

Work is ongoing to develop our infrastructure improvement programme. As part of that improvement work we have been engaging across government and, at this stage, with the Scottish Futures Trust to understand some of the issues that have affected previous capital investment projects and how we can best take action to improve delivery, as part of our work to develop options for a national infrastructure company.

Question reference: S6W-15018

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Monday, 13 February 2023
Current Status: Answered by Humza Yousaf on 28 February 2023

To ask the Scottish Government what steps it is taking to remove any asbestos from NHS Scotland premises.

We recognise the hazard of asbestos and the risks to health it poses. However, asbestos is only dangerous when it is disturbed or in poor condition. The Health and Safety Executive’s guidance states that it is safe for asbestos to remain in place if it is in good condition, well-protected and unlikely to be disturbed. Health boards carry out annual asbestos monitoring surveys and asbestos management plans are in place across the NHS estate. The Scottish Government will double its NHS estate maintenance budget and health boards can use that money to remove asbestos as and when it is appropriate to do so.

Question reference: S6W-15019

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Monday, 13 February 2023
Current Status: Answered by Humza Yousaf on 28 February 2023

To ask the Scottish Government what its response is to the research carried out by the Labour Research Department for the TUC, STUC and the UK All-party Parliamentary Group on Occupational Safety and Health, which found that (a) 695 premises owned by NHS Scotland and (b) 100% of premises for which NHS Greater Glasgow and Clyde is the duty holder, contain asbestos.

Surveys have shown us the extent of asbestos in the NHS estate. The Health and Safety Executive’s guidance states that it is safe for asbestos to remain in place if it is in good condition, well-protected and unlikely to be disturbed. Health boards carry out annual asbestos monitoring surveys and asbestos management plans are in place across the NHS estate. Ideally, all asbestos would be removed from NHS buildings immediately. However, the removal of asbestos is disruptive and can increase the risk of exposure to disturbed fibres. It is therefore not sensible or proportionate to remove asbestos in an active clinical setting if it does not pose a risk to staff and patients. The Scottish Government is doubling its health infrastructure maintenance budget. That money can be used by health boards to remove asbestos where necessary or when the opportunity to do so arises.

Question reference: S6O-01963

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 22 February 2023
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.

Question reference: S6W-14825

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 10 February 2023
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.

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.

Question reference: S6W-13590

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 26 January 2023
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.

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.

Question reference: S6O-01875

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Thursday, 02 February 2023
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.

Question reference: S6W-14274

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 24 January 2023
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.

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.

Question reference: S6W-14124

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 20 January 2023
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.

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.

Question reference: S6W-14273

Asked by: Katy Clark, MSP for West Scotland, Scottish Labour
Date lodged: Tuesday, 24 January 2023
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.