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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: S5O-01011

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 17 May 2017
Current Status: Taken in the Chamber on 24 May 2017

To ask the Scottish Government what steps it is taking to deliver inclusive growth for Orkney.

Question reference: S5W-09120

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 02 May 2017
Current Status: Answered by Humza Yousaf on 11 May 2017

To ask the Scottish Government what its response is to the HITRANS report, Midnight Train to Georgemas, which sets out a proposal for a Caithness-Edinburgh sleeper service.

HITRANS has developed an innovative proposal for linking Caithness directly with the Central Belt. It has submitted the proposal to its Board, and shared with us for our information.

We are aware that HITRANS has now engaged consultants to assist in the development of a detailed report supporting its outline proposal, and we are happy to give evidence to that process. On completion, it will then be for HITRANS to determine whether it wishes to promote this proposal further. We would, of course, then review its content and discuss directly with Hitrans.

Question reference: S5W-09084

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 28 April 2017
Current Status: Answered by Michael Matheson on 11 May 2017

To ask the Scottish Government what performance indicators have been implemented to measure the efficiency of courts since the publication of the Audit Scotland report, Efficiency of prosecuting criminal cases though the sheriff courts.

As a result of the recommendations of the Audit Scotland report to which the question refers, the Scottish Government publishes, on a monthly basis, a measurement of the average sheriff court summary waiting period, which is the time between a plea of not guilty being recorded and the first trial diet in a summary case. Scottish Courts and Tribunals Service has a target of 16 weeks for this period, which it is presently meeting on a national basis.

This information, together with other additional statistical information about the performance of the summary criminal justice system, is available at

http://www.gov.scot/About/public-bodies/SheriffdomCriminalJusticeBoards/SummaryCriminalJusticePerformanceStatistics

Question reference: S5W-09083

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 28 April 2017
Current Status: Answered by Michael Matheson on 11 May 2017

To ask the Scottish Government, in light of the evidence given by the Cabinet Secretary for Justice to the Justice Committee on 10 January 2017 (Official Report, c. 30), whether the Inspectorate of Prosecutions for Scotland is considering introducing alternative approaches to staffing and, if so, what external advice it has (a) commissioned and (b) received.

Both the Scottish Government and the Inspectorate of Prosecution will reply formally to the recommendations within the Justice Committee’s recent report on its Inquiry into the role and purpose of the Crown Office and Procurator Fiscal Service, published on 25 April, including with reference to the staffing of the Inspectorate.

The Inspectorate currently employs a permanent business Inspector from the Scottish Government and has previously recruited associate inspectors from different backgrounds where the subject matter of the inspection programme warrants different skill sets. Her Majesty’s Chief Inspector has confirmed that she takes account of future programmes of inspection when recruiting inspectors to ensure that the Inspectorate has the requisite skills for that programme.

Question reference: S5W-09118

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Tuesday, 02 May 2017
Current Status: Answered by Michael Matheson on 11 May 2017

To ask the Scottish Government, further to the answer to question S5W-06022 by Michael Matheson on 24 January 2017, whether it will provided the same information for the (a) remainder of 2016 and (b) period since 1 January 2017.

Police Scotland are currently dealing with air weapon licence applications received between 1 November and 31 December 2016. We have now been advised by Police Scotland that the figure of 5,436 applications received during this period, which was provided in response to your question S5W-06022, was incorrect. The correct figure was 5,278. This error emerged when a change to the Police Scotland administration process for air weapon licences uncovered duplication of certain applications in the records.

Police Scotland are processing applications in the order in which they were received. They have processed 3,763 of the applications received between 1 November and 31 December 2016, of which 3,066 have so far been approved.

There have been 2,011 applications received between 1 January 2017 and 4 May 2017. Each application has been reviewed to ensure all necessary information has been completed and photographs received. These applications will be processed once those received by 31 December have been completed.

Up to 4 May 2017 there have been a total of 107 refusals in respect of all applications received since 1 July 2016.

In addition to these figures solely for air weapon licences, up to 4 May 2017 there have been 2,394 applications for co-terminous applications, where the applicant already has a shotgun and/or firearm certificate. There have been no refusals.

Police Scotland are unable to provide a regional breakdown of these figures.

Question reference: S5W-09082

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 28 April 2017
Current Status: Answered by Michael Matheson on 11 May 2017

To ask the Scottish Government what action it is taking to encourage criminal defence lawyers to use video-conferencing technology when dealing with clients who are (a) serving a custodial sentence and (b) being held on remand.

Action is being taken to increase up-take of video-conferencing including piloting the video-links system with advocates. Visits to Polmont and Barlinnie prisons are planned to engage with solicitors attending the prisons to provide information on the benefits of the video-links system and identify any barriers, perceived or otherwise, to usage. In addition the Video Conferencing Project Board recently met and agreed to some targeted communication activity to promote the use of video-conferencing. 415 Agents to Prisons Video-links were conducted during February to April 2017.

Question reference: S5W-09085

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 28 April 2017
Current Status: Answered by Michael Matheson on 11 May 2017

To ask the Scottish Government which sheriff court buildings have functioning wi-fi.

The Scottish Courts and Tribunals (SCTS) have confirmed that all Sheriff Courts have functioning wireless access, with the exception of Dunoon. SCTS have not upgraded their wide area network connection in Dunoon due to factors outwith the court building, and must reserve the existing capacity of the legacy network connection for essential court business, including video conferencing. The wireless service will be enabled once a new connection is established.

Question reference: S5W-09040

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 26 April 2017
Current Status: Answered by Michael Matheson on 10 May 2017

To ask the Scottish Government how many witnesses (a) appeared and (b) failed to appear in court in each year since 2010.

Question reference: S5W-09042

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 26 April 2017
Current Status: Answered by Michael Matheson on 10 May 2017

To ask the Scottish Government what the timeline is for implementation of the proposals of the report by the Scottish Courts and Tribunals Service, A new model for summary criminal court procedure.

The Scottish Government welcomes the recent publication of the Scottish Courts and Tribunals Service (SCTS) report “Evidence and Procedure Review: A New Model for Summary Criminal Procedure”, which outlines a model underpinned by a digital case management process. The SCTS report makes a case for change and puts forward ambitious and far-reaching proposals for a new, modernised summary criminal court procedure.

However, further work is needed to evaluate and develop these proposals before decisions are taken about implementation. As part of that, SCTS has organised a programme of public consultation events in relation to the report. This is presently under way. SCTS will thereafter lead work, involving justice agencies and the legal profession, to evaluate the evidence on whether the propositions outlined in the paper are viable; assess the anticipated business, resourcing, financial and technological consequences; and consider what further analysis is necessary to help shape the way forward. Following this further development work SCTS will report back to the Justice Board with recommendations.

Question reference: S5W-09038

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 26 April 2017
Current Status: Answered by James Wolffe QC on 10 May 2017

To ask the Scottish Government how many expert locum advocates have been recruited in each year since 2007 by the Crown Office and Procurator Fiscal Service for High Court trials, also broken down by (a) areas of expertise and (b) cost.

COPFS maintains a permanent cadre of 38 Advocate Deputes to prosecute cases in the High Court, to mark High Court cases, to issue instructions as required to COPFS and to assist the Law Officers in their prosecutorial functions as required.

Advocate Deputes are recruited from a wide range of backgrounds and have a wide range of specialist skills. They effectively prosecute the full range of serious crime in the High Court. In addition, a group of practitioners are instructed from time to time as the need arises as ad hoc Advocate Deputes. Ad hoc Advocate Deputes likewise have a wide range of skills upon which the Crown can call when the need arises.

The Justice Committee report on the Role and Purpose of the Procurator Fiscal Service, published on 25 April 2017, contains a recommendation at paragraph 180 that COPFS consider whether there is merit in recruiting locum prosecutors to prosecute High Court cases turning on complex and specialist aspects of criminal law. I am considering this recommendation and will write to the Justice Committee in due course.