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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-26486

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Thursday, 28 March 2024
Current Status: Answered by Patrick Harvie on 17 April 2024

To ask the Scottish Government whether it will commission independent advice regarding whether the proposed Heat in Buildings Bill could adversely impact upon the mortgage market.

The Scottish Government has commissioned research through ClimateXChange to investigate the potential impact of the proposed Heat in Buildings Bill on the Scottish Housing Market. The scope of this project includes an investigation into the impact on the mortgage market. As part of this research, researchers are conducting interviews with stakeholders from the property market, including the finance sector. This research is currently being carried out, and findings will be published later this year.

Question reference: S6W-26188

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 18 March 2024
Current Status: Answered by Angela Constance on 15 April 2024

To ask the Scottish Government, in light of the Post Office (Horizon System) Offences Bill, which aims to exonerate people who were wrongfully convicted as a result of the reported issues with the Post Office accounting system, Horizon, not applying to Scotland, what action it will take to ensure that the exoneration of anyone wrongly convicted in Scotland will not be delayed and will not take longer to be effected than in England and Wales.

The Scottish Government has repeatedly made it clear to the UK Government that the best way to ensure that there is a quick, fair and equal solution for all affected sub-postmasters is for a UK-wide Bill. It is not too late for the UK Government to change their position, and we will continue to press for a UK-wide solution as the Post Office (Horizon System) Offences Bill progresses through the Westminster Parliament.

If the scope of the UK Bill is not extended we will do everything in our power to work as quickly as possible to introduce Scottish legislation that delivers justice for all those affected. Any such legislation can however only be passed after the UK Bill has been passed, to allow account to be taken of any amendments made during passage at Westminster. This is required to ensure full compatibility with UK legislation and the UK compensation scheme, in which the Scottish Government has no locus.

Question reference: S6O-03284

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Wednesday, 20 March 2024
Current Status: Taken in the Chamber on 28 March 2024

To ask the Scottish Government whether it will reconsider its decision to pause capital funding for NHS Highland in respect of completion of the refurbishment of Grantown Health Centre, in light of reports that these works were nearly completed and that the pause of the contract may lead to additional costs in excess of the notional sum saved.

Question reference: S6W-25625

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government what its position is on the use of emergency legislation to quash wrongful convictions in Scotland of sub-postmasters and mistresses that were based on evidence from the Post Office’s Horizon computer system, and, if it is the case that it prefers an alternative approach, whether it will provide details of this.

Question reference: S6W-25626

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government, in relation to the potential issues arising from the Post Office’s Horizon computer system in Scotland, what its response is to the comments of former sheriff Kevin Drummond KC that an approach to resolving the potential issues “could be done tomorrow… by the Crown Office and Procurator Fiscal Service and Crown Prosecution Service bringing to their respective criminal appeal courts a list of convictions with case references and informing the court that investigations have revealed these convictions to be flawed and inviting the court to overturn the convictions”.

The Scottish Government is aware of this proposal. During the Lord Advocate’s statement to Parliament on 16 January 2024, I am aware there was discussion of this issue. The Lord Advocate explained that:

‘… It is misleading to suggest that I could simply attend the appeal court with a list of cases and tell the court of criminal appeal to quash the convictions. There is such a process but, for reasons of sound public policy and in recognition of the constitutional role of our court of appeal, prosecutors always have to be able to explain why they are no longer relying on a conviction. As I have explained, not every Horizon case will involve a miscarriage of justice. In some cases, there was sufficient evidence to support a criminal conviction. That is demonstrated by the material from England and Wales that shows that, of the cases that have been referred to the Court of Appeal in England, only some—not all—have resulted in a conviction being quashed because of a miscarriage of justice. Therefore, it is not as simple as my providing a list of convictions to be quashed.’

Question reference: S6W-25624

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government whether it will provide an update on how it will ensure that all sub-postmasters and mistresses whose wrongful convictions in Scotland were based on evidence from the Post Office’s Horizon computer system will be identified, and all such convictions quashed.

On 13 March 2024 the UK Government introduced the Post Office (Horizon System) Offences Bill which, if passed, will automatically quash on coming into force any convictions which fall within the scope identified on the face of the Bill. Details of the UK Bill can be found on the UK Parliament website: Post Office (Horizon System) Offences Bill - Parliamentary Bills - UK Parliament

The Scottish Government believes that the best way to deliver a quick, fair and equal solution for all affected sub-postmasters is through a UK-wide Bill, and will continue to press the UK Government to deliver a solution that provides this.

We will introduce Scottish legislation if necessary, but any such legislation cannot be passed in the Scottish Parliament until after the UK Bill has been passed to ensure full compatibility with both the UK legislation, and the UK compensation scheme in which the Scottish Government has no locus.

Question reference: S6W-25621

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government, in relation to the potential issues arising from the Post Office’s Horizon computer system in Scotland, what discussions it has had with the UK Government regarding whether it plans to proceed with emergency legislation in order to quash wrongful convictions of sub-postmasters and mistresses that were based on Horizon evidence.

I refer the Member to the answer to PQ S6W-26520 on 18 March 2024 for information about correspondence between myself and UK Government Ministers on this matter.

The UK Government announced on 22 February that they will introduce legislation to reverse only the convictions of sub-postmasters convicted by courts in England and Wales and introduced a Bill in the Westminster Parliament on 13 March. Scottish Government officials participate in a Devolved Administrations Working Group established by the UK Government which meets regularly to discuss issues relating to the development of legislation to quash the wrongful convictions of sub-postmasters and sub-postmistresses. This will assist in the development of equivalent legislation that will apply to sub-postmasters and post office employees convicted by courts in Scotland if the UK Government does not change its position on legislating only to reverse the convictions of those convicted in courts in England and Wales.

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 .

Question reference: S6W-25623

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government when it will update the Parliament on any progress being made in relation to the exoneration of sub-postmasters and mistresses whose wrongful convictions in Scotland were based on evidence from the Post Office’s Horizon computer system.

Question reference: S6W-25620

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government, in relation to the potential issues arising from the Post Office’s Horizon computer system in Scotland, whether it will publish any correspondence that it has had with the UK Government, including any related documents, regarding the method by which the sub-postmasters and mistresses whose wrongful convictions were based on Horizon evidence will be quashed.

The First Minister's letter to the Prime Minister of 10 January was published on the Scottish Government website at: https://www.gov.scot/publications/first-minister-letter-prime-minister-post-office-horizon-cases/

Letters I sent to the Secretary of State for Justice, Alex Chalk MP, and the Minister for Enterprise, Markets and Small Business, Kevin Hollinrake MP and the letter which the Deputy First Minister sent to the Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations concerning legislation to reverse convictions that may have resulted from the use of Post Office Horizon evidence are available on the Scottish Government website at https://www.gov.scot/publications/post-office-horizon/letters-to-uk-government.

It is for the UK Government to decide whether to publish letters sent with an expectation of confidence by UK Ministers to the Scottish Ministers.

Question reference: S6W-25622

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 04 March 2024
Current Status: Answered by Angela Constance on 18 March 2024

To ask the Scottish Government, in relation to the potential issues arising from the Post Office’s Horizon computer system in Scotland, what its response is to the reported comments by the Lady Chief Justice of England and Wales regarding the use of legislation to quash wrongful convictions of sub-postmasters and mistresses that were based on Horizon evidence, and her suggestion of an “expedited process” whereby such convictions may be quashed in a matter weeks, including whether it would support such an expedited process for cases in Scotland.

The Scottish Government is aware of the reported comments by the Lady Chief Justice of England and Wales.

Any expedited process for hearing appeals is a matter for the judiciary, who are independent of Scottish Ministers. This process would also only be able to consider those cases which have been referred back to the courts and would not be able to address, for example, any cases where consideration by the Scottish Criminal Cases Review Commission has been delayed by difficulties in obtaining timely information from the Post Office, or where no person has approached the Commission for their case to be reassessed.

Given that the UK Government has introduced legislation for England & Wales the Scottish Government plan to ensure, insofar as possible, equal treatment for Scottish sub-postmasters. Any Scottish solution will need to be compatible with both the proposed UK Government legislation and the UK compensation scheme in which the Scottish Government has no locus.