- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government what data destruction methods and processes Police Scotland would employ to delete any recorded non-crime hate incident where it had been found not to have met the threshold for being so recorded.
Answer
Methods and processes with respect to handling of data on non-crime hate incidents recorded by Police Scotland, is an operational matter for Police Scotland.
You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government whether it has been the subject of any civil action in Scottish courts by a person in relation to them having a non-crime hate incident recorded against them; if so, how many such cases are currently in process, and how many cases that have concluded resulted in a ruling in favour of the person bringing the action.
Answer
The Scottish Government has not been the subject of any civil action in Scottish courts by a person in relation to them having a non-crime hate incident recorded against them.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Paul McLennan on 4 June 2024
To ask the Scottish Government what measures it has put in place to monitor the implementation of the new repairing standards in relation to fire and electrical safety, and, if it is the case that this is the responsibility of local authorities, what requirements exist for local authorities to report their findings to the Scottish Government.
Answer
Private residential landlords in Scotland are required to register with their local authority under Part 8 of the Antisocial Behaviour etc. (Scotland Act) 2004 and pass the fit and proper person test. One of the considerations in the fit and proper person test is whether the applicant has contravened any provision of housing law. Landlords have a duty to ensure that property they let meets the Repairing Standard and Tolerable Standard at the start and at all times during a tenancy.
Responsibility for enforcement of the Repairing Standard lies with the First-tier Tribunal for Scotland (Housing and Property Chamber). Scottish Courts and Tribunals Service staff carry out the administration of that tribunal.
The First Tier Tribunal will notify the relevant local authority when an application for a determination on the repairing standard is received. It is the responsibility of the local authority to investigate and take any necessary action where standards are not being met.
Enforcement arrangements for all elements of the Repairing Standard are set out in the Housing (Scotland) Act 2006.
There are no new requirements for fire safety in the Repairing Standard.
There are currently no requirements for local authorities to report to Scottish Government on the Repairing Standard.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Paul McLennan on 4 June 2024
To ask the Scottish Government, in relation to any reports that it has received regarding the implementation of the new repairing standards on fire and electrical safety, whether it has been made aware of any adverse personal and/or professional circumstances that have resulted from the new standards.
Answer
In the course of correspondence that the Scottish Government receives from the public and professional bodies on a range of matters, a few of those correspondence has highlighted the challenges of meeting some of the obligations that have come into effect from March 2024. Scottish Government officials are in contact where that is the case to explain the obligations and provide further clarification as may be required.
There are no new Repairing Standard requirements on fire safety.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government what its position is on whether the recording of non-crime hate incidents under the Hate Crime and Public Order (Scotland) Act 2021 could have a material effect on an individual's employment or otherwise personal circumstances.
Answer
I refer the member to the answer to question S6W-27429 on 4 June 2024. 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 .
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government what reporting requirements Police Scotland has to the Scottish Government or other publicly funded bodies regarding the rate and nature of non-crime hate incidents.
Answer
There are no reporting requirements on the rate and nature of non-crime hate incidents from Police Scotland to the Scottish Government. The Scottish Government is not aware of reporting requirements to any other public body.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government, in light of the recently published Police Scotland interim guidance on the recording of non-crime hate incidents (NCHIs), whether any process, such as arbitration, exists that would allow a person to appeal a decision that an incident has met the threshold for being recorded as a NCHI, or whether a person’s only recourse would be to pursue a civil action in order to seek to have the NCHI expunged from the record.
Answer
The recording of non-crime hate incidents (NCHIs) is an operational matter for Police Scotland. This preserves the operational independence of Scotland’s criminal justice system and keeps it free from political interference.
You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government whether it (a) requires and (b) conducts formal security clearances for anyone designated as a (i) "hate crime advisor" and (ii) "hate crime champion", as set out in the document, Interim Guidance - Responding to Hate.
Answer
I refer the member to the answer to S6W-27665, 4 June 2024, the designation of Hate Crime Advisors and Hate Crime Champions is an operational matter for Police Scotland. 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 .
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government in what system Police Scotland is currently mandated to record non-crime hate incidents; whether this is a distinctly different system to the system for recording arrest records or formal charges, and, if this is not the case, whether there are strict Chinese wall protocols in place to mitigate the risk of deliberate or accidental disclosure.
Answer
I refer the member to the answer to question S6W-27432 on 4 June 2024. 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 .
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government, in light of the recently published Police Scotland interim guidance on the recording of non-crime hate incidents (NCHIs), which states that a report would happen in "exceptional circumstances", what are defined as "exceptional circumstances" in which a party allegedly at fault in a reported incident could have their details recorded.
Answer
I refer the member to the answer to question S6W-27431 on 4 June 2024 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 .