Chamber and committees

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-26596

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 04 December 2019
Current Status: Answered by Fergus Ewing on 16 December 2019

To ask the Scottish Government who currently holds the role of Chief Forester, as established by section 73 of the Forestry and Land Management (Scotland) Act 2018.

Question reference: S5O-03919

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 11 December 2019
Current Status: Taken in the Chamber on 18 December 2019

To ask the Scottish Government when the root cause analysis report on the North West Community Campus in Dumfries will be published.

Question reference: S5W-26462

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 20 November 2019
Current Status: Answered by Maree Todd on 5 December 2019

To ask the Scottish Government what action it would expect the Scottish Prison Service to take to ensure that it is compliant with the Articles in the UN Charter on the Rights of the Child.

As an executive agency of the Scottish Government, the Scottish Prison Service (SPS) is already subject to the duties of Scottish Ministers under Part 1 of the Children and Young People (Scotland) Act 2014. Scottish Ministers are required to consider whether there are steps which they could take which would or might secure better of further effect of the UNCRC and to take those steps if they consider it appropriate to do so.

SPS launched a Family Strategy in 2017 that sets a clear direction for the improved delivery of family engagement for people in custody and a focus on how SPS can play its part in avoiding the intergenerational impact of parental imprisonment.

The incorporation of the UNCRC into domestic law aims to ensure that there is a proactive culture of everyday accountability for children’s rights across public services in Scotland. This will mean that children, young people and their families will experience public bodies consistently acting to uphold the rights of all children in Scotland. Like every devolved body, every health board, every council – the Scottish Prison Service – will be legally obliged to respect children’s rights.

Question reference: S5W-26464

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 20 November 2019
Current Status: Answered by Maree Todd on 5 December 2019

To ask the Scottish Government what consideration it has given to any incompatibility between the UN Charter on the Rights of the Child and existing legislation.

The UK is bound by the UN Convention on the Rights of the Child in international law. The Scottish Government respects and protects the UNCRC rights to help deliver our aim that children grow up loved, safe and respected, and so that they reach their full potential. It is the policy of the Scottish Government to reflect the UNCRC in legislation and policy. Section 1 of the Children and Young People (Scotland) Act 2014 (CYP Act 2014), which commenced in June 2015, places specific duties on Scottish Ministers aimed at furthering the effect of the UNCRC in Scotland. As part of their compliance with the CYP Act 2014, Scottish Ministers carry out a Children’s Rights and Wellbeing Impact Assessment when they develop new legislation. These assessments help Scottish Ministers consider how to advance the rights of children in Scotland; and how to protect and promote the wellbeing of children and young people.

In the development of this new legislation, the Scottish Government will consider how to put in place the highest level of legal protection of the rights of children possible within our constitutional settlement.

Question reference: S5W-26463

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 20 November 2019
Current Status: Answered by Maree Todd on 5 December 2019

To ask the Scottish Government how it will consult with children who are affected by imprisonment on its proposal to incorporate the UN Charter on the Rights of the Child into Scots Law.

The consultation on incorporating the UN Convention on the Rights of the Child (UNCRC) in Scotland received a total of 162 responses, one of which was Families Outside who represent families affected by imprisonment. To complement the public consultation, a bilateral official meeting was held with Families Outside over the summer. Overall, the Scottish Government engaged with over 180 children and young people across 7 Scottish Government-funded events and meeting 47 organisations representing a number of different sectors. We will continue to work closely with children, families and organisations representing children affected by imprisonment to gather views on incorporation of the UNCRC to ensure children’s rights are afforded the highest protection and respect possible within our constitutional settlement.

Question reference: S5W-26465

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 20 November 2019
Current Status: Answered by Maree Todd on 5 December 2019

To ask the Scottish Government how it will address the incompatibilities between the UN Charter on the Rights of the Child and existing legislation in its proposals to incorporate it into Scots Law.

Incorporation of the UNCRC into Scots law will ensure that children’s rights can be enforced. At present as part of their compliance with the Children and Young People (Scotland) Act 2014, Scottish Ministers carry out a Children’s Rights and Wellbeing Impact Assessment (CRWIA) when they develop new legislation.

Consideration is being given to whether the Bill should include a regime to enable rulings to be obtained from the courts as to whether legislation is incompatible with the children’s rights included in the Bill. The Scottish Government is also investigating whether it would be possible to provide for a remedial order procedure, so that the Scottish Government could remedy the incompatibility, as under the Convention Rights Compliance (Scotland) Act 2001.

Question reference: S5W-26466

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Wednesday, 20 November 2019
Current Status: Answered by Maree Todd on 5 December 2019

To ask the Scottish Government how the Scottish Prison Service will be impacted by its proposals to incorporate the UN Charter on the Rights of the Child into Scots Law.

Question reference: S5F-03764

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Monday, 02 December 2019
Current Status: Taken in the Chamber on 5 December 2019

To ask the First Minister what the Scottish Government's response is to reports that ScotRail fares will increase by an average of 2.4% in January.

Question reference: S5W-25981

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Friday, 25 October 2019
Current Status: Answered by Paul Wheelhouse on 21 November 2019

To ask the Scottish Government what its estimate is of the current coverage of 4G across (a) the whole of Scotland and (b) each Scottish local authority area.

The Scottish Government does not collect or publish mobile coverage data and all regulation and legislative competence in respect of mobile telecommunications, including 4G services, remains a reserved matter or responsibility for UK Ministers under the provisions of the Scotland Act 1998.

Raw data on mobile coverage, including at local authority level, is published by Ofcom, the UK telecommunications regulator, as part of its Connected Nations report. Ofcom’s latest published dataset is available at https://www.ofcom.org.uk/research-and-data/multi-sector-research/infrastructure-research/connected-nations-update-summer-2019 .

Question reference: S5W-25980

Asked by: Colin Smyth, MSP for South Scotland, Scottish Labour
Date lodged: Friday, 25 October 2019
Current Status: Answered by Paul Wheelhouse on 21 November 2019

To ask the Scottish Government what assessment it has made of the impact on (a) the whole of Scotland and (b) each Scottish local authority area of the UK Government’s plans to enable an average of 95% of the UK to have 4G coverage by 2025.

Information provided by the Department for Digital, Culture, Media and Sport (DCMS) indicates that the Shared Rural Network (SRN) proposal may deliver 85% geographic 4G coverage for Scotland and not the 95% figure that would apply to the UK as a whole. No data on expected coverage at local authority level has been provided to the Scottish Government at this time.

The final anticipated coverage prediction for Scotland will not be known until DCMS reaches agreement with the Mobile Network Operators – which we believe is likely to be in early 2020. The delivery of the SRN is also predicated on substantial UK Government investment, which will require a new state aid notification that cannot be taken for granted. This investment will be crucial if the coverage predictions shared by DCMS are to be delivered.