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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: S5W-09223

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government when it plans to stop night time closures of the M8 and M74, and what (a) consideration it has given to the extra time required by drivers reach their destination and (b) diversions are in place, during these closures.

Scottish Ministers have a duty to ensure the Trunk Road network is as safe as possible for site staff and road users alike. To this end, all traffic management schemes are designed and coordinated with input from consultees including Police Scotland and the local authorities.

Traffic management as part of the M8 M73 M74 Motorway Improvements Project will remain in place until the new and improved roads open to traffic in the coming weeks, with necessary finishing, landscaping and snagging works being completed thereafter. Transport Scotland will continue to inform road users of any restrictions by various methods including radio, fixed and variable message signs as well as the Transport Scotland website as appropriate.

Transport Scotland and the contractor, Scottish Roads Partnership are working closely together to remove restrictions where possible as sections of the scheme are complete. Once the new roads are open, final landscaping and snagging works will be ongoing as is normal with projects of this type, however, this will not affect peak traffic flows.

During the period of the works motorists have been, and continue to be, encouraged to check the Transport Scotland (https://www.transport.gov.scot/projects/m8-m73-m74-motorway-improvements/) and Traffic Scotland (https://trafficscotland.org/) websites for up-to-date travel advice, and details of planned roadworks and diversions. These websites provide details of all disruptive planned traffic management together with details of signed diversion routes.

Question reference: S5W-09219

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government what preventative measures it put in place to reduce congestion on the A725 Shawhead flyover/Bellshill bypass, particularly during rush hours.

The newly improved lanes as part of the new A725 Shawhead junction are due to open in the coming weeks and are anticipated to reduce journey times through the junction by 15 minutes. These final works to allow opening are only now possible following the early opening of the new M8 motorway, reducing traffic flows through the Shawhead Interchange.

When implementing traffic management restrictions, the contractor is required to balance the impact on drivers and the safety needs of those carrying out the improvement works. To assist in this process all traffic management schemes on the project are designed and coordinated with input from consultees including Police Scotland and the local authorities. This process provides an opportunity for all stakeholders to review the proposed traffic management design and identify further mitigation measures to reduce the impact on road users. Following implementation, all traffic management schemes are reviewed on an ongoing basis to see what improvements can be made.

As we enter the final stages of the project, it is necessary to connect the new infrastructure with the existing road network which requires extensive traffic management to be undertaken safely. Transport Scotland will continue to inform road users of any restrictions by various methods including radio, fixed and variable message signs as well as Transport Scotland website as appropriate.

Question reference: S5W-09218

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government for what reason the Shawhead flyover at Coatbridge will close, and what diversions will be in place as a result.

The A725 and A8 APR off-slips at Shawhead Junction were closed the weekend of Friday 12 May to Monday 15 May 2017 to continue essential construction works on the A725 and A8 All Purpose Road slip roads at Shawhead. Works included road surfacing, completion of centre islands, footpaths and installation of traffic signals. This closure allowed the contractor to undertake a significant amount of works which would not have been possible without further and longer peak time traffic restrictions.

Further lane and slip closures will be required to complete these works. Full details available at https://www.transport.gov.scot/traffic-management-updates/

Question reference: S5W-09222

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government when signs to Coatbridge will be installed on the westbound lane of the M8.

Question reference: S5W-09228

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by James Wolffe QC on 24 May 2017

To ask the Scottish Government what its position is on the Procurator Fiscal Service making a decison on whether to proceed with a case without considering all of the evidence.

The Prosecution Code sets out the criteria for decision making in cases reported to COPFS. The Prosecution Code is published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Prosecution20Code20_Final20180412__1.pdf

A prosecutor will consider the relevant evidence when making a decision on whether to proceed with a case. The prosecutor must be satisfied that there is sufficient admissible evidence to justify commencing proceedings. Consideration must be given to the reliability and credibility of the evidence. If it seems that there is insufficient evidence the prosecutor can instruct the police or request other reporting agencies to make further enquiries.

Question reference: S5W-09227

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by James Wolffe QC on 24 May 2017

To ask the Scottish Government what recourse is available to the public if they believe that the Procurator Fiscal Service has not considered all of the evidence when making a decision on whether to proceed with a case.

The victim in a case reported to COPFS has a right to ask for a review of a prosecutor’s decision not to take action in a case, under the Lord Advocate’s Rules: Review of a Decision not to Prosecute, made under section 4 of the Victims and Witnesses (Scotland) Act 2014. These rules are published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Victims_and_Witnesses/Lord%20Avocates%20Rules%20-%20June%2015%20v2.pdf

At page 4 of the Rules it makes clear that a victim can ask for new information to be taken into account during the review.

Question reference: S5W-09229

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by James Wolffe QC on 24 May 2017

To ask the Scottish Government whether Police Scotland has a duty to submit all evidence in its possession to the Procurator Fiscal Service prior to the fiscal's decision on whether to proceed with a case.

There is an obligation on the police and other investigating agencies to submit all relevant information to the Crown to allow prosecutors to make the appropriate decision in a case.

In the case Smith v HMA 1952 (JC) the court at pages 71 and 72 stated that the duty of the police was

“to put before the Procurator-fiscal everything which may be relevant and material to the issue of whether the suspected party is innocent or guilty.” The court however stated that

“It would be absurd to suggest that all their (the police) results should be submitted he must put the result of his investigations fairly before the Fiscal in order that the Crown may have a fair basis on which to decide whether or not to prosecute.”

This duty is outlined in Chapter 3 of the COPFS Disclosure Manual which is published on the COPFS website at-

http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Disclosur_Manual/Chapter%203.pdf

Question reference: S5O-00931

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 26 April 2017
Submitting member has a registered interest.
Current Status: Answered by Shirley-Anne Somerville on 3 May 2017

To ask the Scottish Government what discussions it has had with Colleges Scotland regarding its ongoing dispute with the EIS Further Education Lecturers' Association over the promised national pay deal.

I have separately met both sides in this dispute on a number of occasions and my position has been consistent in these discussions.

I want the dispute to be resolved because strike action in our colleges is in no one’s interest. It is certainly not in the interests of college students.

Both sides need to continue to work constructively for a solution in order that the sector can focus on delivering the high-quality education that its students expect. Having put arrangements in place to allow national bargaining, this remains a matter for the union and college employers to resolve.

The move to national bargaining is a significant step forward. If the Government has to step in to resolve those matters, we no longer have national bargaining. If we want national bargaining to work, both sides must be prepared to come to a resolution.

Question reference: S5O-00891

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 19 April 2017
Current Status: Taken in the Chamber on 26 April 2017

To ask the Scottish Government what discussions it has had with the Scottish Legal Complaints Commission regarding the 12.5% increase in the solicitor levy.

Question reference: S5W-08460

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 04 April 2017
Current Status: Answered by John Swinney on 19 April 2017

To ask the Scottish Government what its position is on the work carried out by Catholic schools in communities across the country.

The Scottish Government welcomes the positive contribution that Catholic schools make to all of Scotland’s communities.

Modern Scotland is a multi-faith and multi-cultural society. The Scottish Government’s aim is that Scotland should be a place where young people of all faiths can follow their religion and achieve their potential and the Scottish Government works hard to protect our common values, including maintaining and advancing freedom of thought, conscience and religion. The Scottish Government value the significant contribution that all faith communities make to public life in Scotland, supporting the most vulnerable people in our society and developing community cohesion.