Questions and answers

Question reference: S6W-42461

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 December 2025
Current Status: Answer expected on 6 January 2026

To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, what work has been undertaken to date in relation to the statutory review of qualified one-way costs shifting (QOCS), including any (a) analysis, (b) internal correspondence and (c) scoping exercises since June 2023.

Question reference: S6W-42462

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 December 2025
Current Status: Answer expected on 6 January 2026

To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, whether it has undertaken any consultation or engagement with the legal profession as part of the statutory review of qualified one-way costs shifting (QOCS), and, if so, which organisations or stakeholders have been consulted.

Question reference: S6W-42459

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 December 2025
Current Status: Answer expected on 6 January 2026

To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, for what reason the statutory review of the qualified one-way costs shifting (QOCS), which the Scottish Government is required to complete “as soon as practicable” after 5 June 2023, has not yet been published.

Question reference: S6W-42460

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 December 2025
Current Status: Answer expected on 6 January 2026

To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, which Minister or directorate has responsibility for progressing the statutory review of qualified one-way costs shifting (QOCS), and what oversight arrangements are in place to ensure that it is completed.

Question reference: S6W-42458

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 December 2025
Current Status: Answer expected on 6 January 2026

To ask the Scottish Government, regarding the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, when it will publish the statutory review of qualified one-way costs shifting (QOCS), which it is required to undertake “as soon as practicable after the end of the 5-year period", which was 5 June 2023.

Question reference: S6W-42125

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 November 2025
Current Status: Answered by Angela Constance on 9 December 2025

To ask the Scottish Government what English language proficiency requirements are in place for operational staff at the Scottish Prison Service, and how these are assessed during the recruitment process.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

Whilst SPS do not require prison officer applicants to complete a specific English language proficiency test as part of its recruitment process; verbal, written and comprehension skills are tested thoroughly throughout this operational recruitment process.

All applicants must successfully undergo and pass a comprehensive period of testing which includes a situational judgement test, cognitive ability test, a group and written exercise (for Residential Officer applicants only), and then finally a values-based job interview.

All offers of employment will however be subject to successful completion of all pre-employment checks, which include enhanced disclosure and right to work in the UK checks.

Question reference: S6W-42123

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 November 2025
Current Status: Answered by Angela Constance on 9 December 2025

To ask the Scottish Government how many applicants to jobs at the Scottish Prison Service have failed pre-employment vetting checks, in each of the last five years.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

SPS hold our serving staff and prospective staff to the highest of standards. While the vast majority of our staff adhere to the highest standards of conduct, SPS continue to be vigilant to any potential corruption concerns within our establishments. Maintaining the safety and security of Scotland’s prisons is and remains an absolute priority.

The below table sets out the number of prospective employees who have failed pre-employment checks in each of the last 5 full years across all SPS job roles.

Calendar Year	Number of candidates who have failed SPS pre-employment checks	Number of external job applications received
2020	47	8468
2021	49	7396
2022	43	6967
2023	74	9614
2024	124	12754

Question reference: S6W-42124

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 November 2025
Current Status: Answered by Angela Constance on 9 December 2025

To ask the Scottish Government how many people recruited or staff at the Scottish Prison Service have been removed, dismissed or prevented from taking up post due to security concerns, including links to organised crime, in each of the last five years.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

SPS hold our serving staff and prospective staff to the highest of standards. While the vast majority of our staff adhere to the highest standards of conduct, SPS continue to be vigilant to any potential corruption concerns within our establishments. Maintaining the safety and security of Scotland’s prisons is and remains an absolute priority.

The following table sets out the number of prospective or serving employees who have been removed, dismissed or prevented from taking up post due to security concerns.

SPS is only in a position to provide full year data from 2022 due to changes in reporting and recording processes.

Calendar Year	Number of affected candidates/employees	Number of SPS Employees as of 31 March	Number of external job applications received
2022	8	4589	6967
2023	11	4562	9614
2024	10	4962	12754

Question reference: S6W-42113

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 November 2025
Current Status: Answered by Angela Constance on 8 December 2025

To ask the Scottish Government what internal thresholds or triggers the Scottish Prison Service uses to determine when a restricted regime status for a prison must be implemented.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the answer to question S6W-42112 on 8 December 2025. 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-42112

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 November 2025
Current Status: Answered by Angela Constance on 8 December 2025

To ask the Scottish Government what monitoring system the Scottish Prison Service uses to track the use of restricted regime status across the prison estate.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

SPS recognise the impact that any restriction of regime can have on those in our care, and that is why all restrictions are applied to support a safe and secure environment for both staff and prisoners.

Rather than using quantitative measures such as thresholds, Governors in Charge make a determination based on local factors such as prison stability and staffing levels.

Due to the often-spontaneous nature of regime restrictions, SPS do not routinely formally record instances of regime restrictions, length of restriction or specific reason for restrictions.

In all instances SPS ensure that all decisions are compliant with the Prison and Young Offenders Rules (Scotland) 2011 and do not limit family contact, either through an in person visit or via contact using in cell telephones.

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