Seòmar agus comataidhean

The Scottish Government has acknowledged that there are concerns about the operation of the FAI system. In January of this year, following publication of the determination of the FAI into the deaths of Katie Allen and William Brown at Polmont Young Offenders Institute, the Scottish Government announced a focussed, independent review of the FAI system. This review is to look at the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody.

The Scottish Government has acknowledged that there are concerns about the operation of fatal accident inquiries. In January of this year the Scottish Government announced a focussed, independent review of the FAI system. This review is to look at the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody.

FAIs cover a wide range of policy areas and recommendations are equally wide-ranging. The Scottish Government expects that the relevant individual policy area or public body would take action in light of any recommendations.

This information is not held centrally.

Training of the judiciary, including the training provided to sheriffs who hear fatal accident inquiries, is not a matter for the Scottish Government but rather for the Lord President.

The Scottish Government supports the independent judiciary's careful examination of matters in FAI determinations and believes that valuable learning is offered through the process.

Legislation does not currently allow for variations to section 37 consents. Therefore, it has not been possible for the Scottish Government to receive such requests.

The proposed reforms mirror section 36C of the Electricity Act 1989 which makes provision for the Scottish Ministers to vary section 36 consents for construction, operation and extension of generating stations.

The statutory grounds for a Fatal Accident Inquiry were carefully considered by Parliament in 2016 following a review of the law conducted by Lord Cullen. There are no plans to look at this aspect of FAI legislation, although the member will be aware than in January I announced a focussed review of FAIs looking specifically at deaths in custody.

Legislation does not currently allow for modifications, suspensions or revocations consents when errors in consents are found. Should any issues arise, an applicant must apply for a section 36 consent variation and go through the full variation process, including payment of a fee.

The number of section 36 variation applications consented in the past 5 years are as follows:

2024 – 5

2023 – 5

2022 – 4

2021 – 6

2020 – 1

I also refer the member to the answer to question S6W-35884 on 1 April 2025. 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.

It continues to be critical that statutory consultees need to be adequately resourced and have a skilled workforce to carry out their responsibilities. The Scottish Government will engage and work closely with these bodies as it develops proposals for secondary legislation.