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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.

Find out more about parliamentary questions

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Question reference: S6W-00200

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 May 2021
Current Status: Answered by Graeme Dey on 3 June 2021

To ask the Scottish Government whether any feasibility studies have been carried out regarding plans to move ScotRail to public ownership and, if so, whether it will publish these.

Following detailed analysis and consideration of all available options against the current UK rail legislation, the Scottish Ministers took the decision that it was not appropriate to award a franchise agreement to any party at the expiry of the current ScotRail franchise. In such circumstances, the Scottish Ministers have a statutory duty to provide, or secure the provision of, rail services. This will be done through a wholly owned company of the Scottish Government in a similar manner to the UK Government’s current direct control of the Northern and LNER train operating companies.

The analysis of options that was undertaken included consideration of a range of commercially sensitive matters. Therefore it is not Transport Scotland’s intention to publish the analysis.

Question reference: S6W-00202

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 May 2021
Current Status: Answered by Graeme Dey on 3 June 2021

To ask the Scottish Government how much the Bus Emissions Abatement Retrofit Programme (BEAR) has given to bus companies in each year since 2017-18.

Question reference: S6W-00201

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 May 2021
Current Status: Answered by Graeme Dey on 3 June 2021

To ask the Scottish Government how much transport emissions have been reduced by in each year since 2017-18.

Question reference: S6O-00010

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 02 June 2021
Current Status: Taken in the Chamber on 9 June 2021

To ask the Scottish Government, in light of its announcement regarding a potential Cooperation Agreement, what discussions the rural affairs secretary has had with the land reform minister regarding an assessment of the Scottish Green Party's manifesto commitments on land reform.

Question reference: S5W-36090

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Humza Yousaf on 24 March 2021

To ask the Scottish Government whether all victims of crime are entitled to make a victim statement to court on how the crime has affected them.

The Victim Statements (Prescribed Offences) (No.2) (Scotland) Order 2009 sets out the offences in relation to which a victim statement can be made. In addition, a victim statement may be made where proceedings in respect of an offence are taken or are likely to be taken in courts prescribed by the Victim Statements (Prescribed Courts) (Scotland) Order 2009.

The Scottish Government has consulted on widening the scope of the victim statement scheme and reported on this in February 2021 ( www.gov.scot/publications/widening-scope-
current-victim-statement-scheme-consultation-analysis/pages/9/ ).

As a result of this the Scottish Government brought forward the Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 which provides more flexible powers to prescribe courts, offences, and the form and manner of victim statements, to enable a full range of options for change to be considered.

Question reference: S5W-36026

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Mairi Gougeon on 24 March 2021

To ask the Scottish Government whether it will consider allowing people to exercise outdoors within a travel radius from their homes that is not restricted by local authority boundaries, given the geography and wide variation of population distribution in many local authority areas.

People are currently permitted to travel in their own local authority area and up to 5 miles into the neighbouring local authority area for essential outdoor exercise. On 16 March, the First Minister set out a firmer timetable for the easing of restrictions and highlighted a revised Strategic Framework document will be published in coming days.

On 10 March the First Minister outlined in her statement that from 12 March a travel exemption has been put in place for young people. This exemption means that children are not prevented from taking part in sport, if for example they belong to a club which is a bit outside their local authority area. The legislation allows travel out of /into a level 4 area to participate in or facilitate organised activity, sport or exercise which is for persons under 18 years of age. The exemption applies to those under 18 and those transporting under 18s. The same exemption is in place for travel to/from a level 3 area.

Question reference: S5W-36061

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Humza Yousaf on 24 March 2021

To ask the Scottish Government what its position on the draft proposed Whole Life Custody (Scotland) Bill.

Existing criminal law operates so that when a court is setting a punishment part of a life sentence, the court can decide to set a punishment part that extends beyond the rest of an offender's life. The Scottish Government supports courts having these powers for courts to decide how to use in the most serious cases.

The Scottish Government is not aware that the text of a draft proposed Whole Life Custody (Scotland) Bill has been made available, but would consider carefully the detailed text of a proposed Bill as and when it is available to understand if it would improve the current extensive powers courts have in dealing with the most serious offenders.

Question reference: S5W-36028

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Humza Yousaf on 24 March 2021

To ask the Scottish Government, further to the answer to question S5W-35328 by Humza Yousaf on 1 March 2021, what the qualifying criteria was for the asymptomatic tests that Scottish Prison Service staff were able to access from their NHS boards, and how many asymptomatic tests that were offered under the criteria were used by Scottish Prison Service staff.

Where an outbreak is identified the Local Health Board may form an Incident Management Team (IMT) to work with the prison and relevant stakeholders to identify the most appropriate courses of action to manage and reduce transmission. This may include a decision to carry out asymptomatic testing of Scottish Prison Service staff. The NHS led IMTs are best place to agree the most appropriate approach to testing in that instance.

The Scottish Government does not hold information on the qualifying criteria or the numbers of tests that were offered to staff.

Question reference: S5W-36059

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Humza Yousaf on 24 March 2021

To ask the Scottish Government, further to the answer to question S5W-35373 by Humza Yousaf on 2 March 2021, what information it has regarding how much (a) Victim Support Scotland and (b) Rape Crisis Scotland spent on work in the locations referred to.

In answer to part (a) we do not hold this information. Victim Support Scotland have the flexibility to decide how to allocate their grant funding in order to meet their agreed objectives.

In answer to part (b) in 2020-21, we have provided grant funding to Rape Crisis Scotland to support the National Advocacy Project. This included funding for a projected spend of £40,000 in Aberdeen and £72,000 in Dundee Rape Crisis Centres, to ensure appropriate provision of advocacy workers in these areas. We do not hold information on actual expenditure in these areas.

Question reference: S5W-36057

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 11 March 2021
Current Status: Answered by Humza Yousaf on 24 March 2021

To ask the Scottish Government what plans it has to change the 12-month threshold that applies to the presumption against short sentences.

The extension of the presumption against short sentence is part of an evidence-based approach to rehabilitation, both in communities and custody. A firm focus on prevention and effective community interventions has helped see Scotland’s reconviction rate fallen to its lowest level since comparable records began.

Short sentences disrupt many of the things we know are most likely to help reduce reoffending such as housing, employment, family relationships and access to health care and support. Evidence shows that individuals released from a custodial sentence of 12 months or less are reconvicted nearly twice as often as those given a Community Payback Order.

There are no current plans to change the presumption against short sentences of 12 months or less.

	Year	Amount
Phase 1	2018-19	£1.6 million
Phase 2	2019-20	£1.577 million
Phase 3	2020-21	£9.75 million