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I understand Mr McArthur’s question to refer to 54 cases involving deaths in prison custody which are referred to on the Scottish Prison Service (SPS) website. The SPS website does not record information about the progress of an inquiry, for example whether it has commenced or has been scheduled by the Scottish Courts and Tribunal Service (SCTS).

Of the 54 cases referred to, a FAI has in fact been concluded in 8 cases and in 6 of those 8 the Sheriff’s determination has been issued. In 14 cases, FAI proceedings have commenced and preliminary hearings have been heard. In 3 of those 14 cases, a FAI has been scheduled. Investigations are ongoing in respect of the 32 remaining cases, with an application for a FAI anticipated to be made to the respective Sheriff Clerks in respect of 13 of those 32 cases by the end of August 2018.

In each of the 54 cases a medical certificate of cause of death has been issued by a medical professional, normally by a pathologist, following a post mortem examination instructed by the Procurator Fiscal. This information has been communicated to the nearest relatives in accordance with the Family Liaison Charter which I laid before the Scottish Parliament in September 2016. In addition, in relation to all FAIs nearest relatives are kept advised of significant developments as the investigation proceeds towards an FAI.

The progress of a death investigation depends on a variety of factors. While most death investigations conclude once a cause of death is known, other cases require further investigation, which may include complex technical and medical issues requiring the instruction of experts. Equally, where a FAI is to be held, the speed with which it proceeds to the conclusion of evidence, and, thereafter, to issue of the sheriff’s determination depends on a variety of factors, including the scale and complexity of the inquiry and the other demands on court and judicial time.

The annual average population in custody in 2017-18 was 7,464.

Further details, including breakdowns by establishment and custody type will be provided in SPS’s annual report in July.

More detailed weekly data can also be found at: http://www.sps.gov.uk/Corporate/Information/SPSPopulation.aspx

We meet regularly with Scotland’s grid operators and other stakeholders and partners (such as Citizens Advice Scotland, and Highlands and Islands Enterprise) to discuss network issues, including distribution network charging. This engagement also includes matters such as Ofgem's Targeted Charging Review of Residual Charges, which will have an influence on the distribution of network costs across Great Britain.

As detailed in my answer to question S5W-13174, the Scottish Government works to promote a fair network charging regime for all Scottish energy consumers. We recognise that national network pricing would redistribute costs between Scottish consumers rather than reduce them. The Scottish Government is working to deliver measures to reduce overall energy costs for all Scottish consumers by improving energy efficiency, for example, and we encourage consumers to switch supplier when they would make savings from doing so. A Scottish Government Energy Summit held in January challenged the major energy suppliers to do more to help people who are struggling to pay their energy bills and we are working with energy suppliers to identify measures to support vulnerable customers and tackle the wider issue of fuel poverty.

Scotland’s Choice made 23 separate recommendations, almost all of which have been incorporated into current Government policy. The Scottish Government’s Justice Vision and Priorities reflects the principles of Scotland’s Choice that the use of prison should be reserved for those whose offences are so serious that no other punishment will do and that our prisons should promote rehabilitation and reintegration. Our wider Community Justice policy priorities are also informed by this report, in particular around the increased use of diversion and community sentences as a way to support reductions in reoffending.

In terms of recommendations which have not been taken forward:

• The Custodial Sentences and Weapons (Scotland) Act 2007 was not implemented and therefore the recommendation relating to that legislation is no longer relevant.
• The Scottish Government has retained the practice of Home Detention Curfew (HDC) as an established mechanism for preparing individuals for release. There are no plans to revoke HDC.
• The Scottish Government has not set a specific target for the prison population nor do we intend to. Nevertheless, we are committed to reducing the use of imprisonment and there are a wide range of actions we are taking that will do this including the increased use of diversion, bail, and community sentences.

The Deputy First Minister invited the UK Energy Minister at the time, Richard Harrington MP, to attend the most recent meeting of the Convention of the Highlands and Islands, in March 2018, but Mr Harrington was unable to attend. I shall be happy to provide the member with a copy of the letter of invitation, issued by the Deputy First Minister on 23 January 2018.

This of course, follows on from a previous invitation to the previous UK Energy Minister, Baroness Neville-Rolfe, who was invited by the Deputy First Minister, on 23rd November 2016 to attend a meeting of the convention of the Highlands and Islands, which the Baroness was also unable to attend.

NHS Orkney’s crude mortality rate for this most recent quarter, October to December 2017, is higher than previous quarters. This latest data reflects winter months where due to an increased prevalence of conditions such as winter viruses and related conditions, it is recognised that mortality is higher, particularly in the elderly population.

The Hospital Standardised Mortality Ratio (HSMR) takes into account the likelihood of mortality given the health and age of the patient population. It is therefore a better reflection of whether deaths are higher than expected. Since January to March 2014, NHS Orkney’s HSMR trend has shown a reduction of 22.3% compared to the Scotland average of 9.9%.

Healthcare Improvement Scotland (HIS) will continue to monitor HSMR data for all NHS Boards including NHS Orkney. Should the HSMR and other sources of data and intelligence raise any concerns about the quality of care at NHS Orkney, then HIS will follow this up with the Board.

The HMICS report published in August 2017 reflects the position of the BTP integration programme in February/March 2017. Significant progress has been made since then. As you are aware a re-planning of the integration programme is currently under way and part of this work will be considering cost benefit analysis on particular aspects of the programme. The Scottish Government has agreed to report regularly to the Parliament on progress on the integration programme, the next update is due in October.

The Scottish Government has no current plans to ban the third-party sale of dogs. The Pet Animals Act 1951 requires that those selling animals as pets in most circumstances, including from a private dwelling, operate under a license issued by a local authority. We are committed, by the Programme for Government 2017-18, to improving the licensing for dog, cat and rabbit breeding, dealing and selling.

The commercial third-party sale of dogs aged 8-12 weeks without a licence and the sale of dogs under 8 weeks of age is effectively prohibited by the restrictions in the Licensing of Animal Dealers (Young Cats and Young Dogs) (Scotland) Regulations 2009 and the Breeding and Sale of Dogs (Welfare) Act 1991 which both require that an animal is kept with its mother until at least 8 weeks of age.

Licences are already required for the commercial selling of animals from pet shops, which can include private dwellings. However the Scottish Government accepts that the Pet Animals Act 1951 needs updating. The Scottish Government committed, in the Programme for Government 2017-18, to improvements to the licensing for dog, cat and rabbit breeding, dealing and selling. A consultation on this will be issued in the near future.

The Scottish Law Commission published its Report on Defamation, including a draft Defamation and Malicious Publication (Scotland) Bill in December 2017 as part of the Commission’s Ninth Programme of Law Reform. The report makes 49 separate recommendations. The Scottish Government is currently considering the Report and its recommendations and expects to be in a position shortly to indicate how it intends to proceed.