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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-05099

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 March 2021
Current Status: Taken in the Chamber on 10 March 2021

To ask the Scottish Government what action it will take to support the tourism sector in response to reports that TUI will reduce its flights to Aberdeen airport.

Question reference: S5W-35380

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by James Wolffe QC on 3 March 2021

To ask the Scottish Government, in light of the recommendation in the 2018 Inspectorate of Prosecution in Scotland paper, Thematic Report on the Victims Right to Review, whether the Crown Office and Procurator Fiscal Service notifies all victims of a decision not to prosecute their case.

The recommendation made by the Inspectorate of Prosecution was that COPFS should work towards a system of notifying all victims of decisions not to prosecute, whether through the use of IT solutions or otherwise. The Inspectorate recognised that that the rights and expectations of victims would require to be balanced with a proportionate response, that notifying all the victims of decisions not to prosecute has resource implications and that IT solutions may assist.

COPFS proactively notifies victims of decisions not to prosecute in all solemn cases and all summary cases within the specified case remit of the COPFS Victim Information and Advice (VIA) service, including Domestic Abuse and Hate Crime. COPFS advises all victims of all decisions not to prosecute on request. COPFS are exploring possible approaches to extending the current notification scheme, including possible IT solutions.

Question reference: S5W-35378

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government whether it plans to reduce further the number of outstanding unpaid work hours given as part of community payback orders.

There are currently no plans to further reduce unpaid work hours given as part of community payback orders (CPOs).

The Community Orders (Coronavirus) (Scotland) Regulations 2021 will, subject to approval by the Scottish Parliament, reduce unpaid work hours imposed in CPOs by 35% for all existing orders, except those imposed for domestic abuse, sexual offences, or stalking.

We expect this will alleviate pressure on justice social work services, increasing available capacity to help ensure that existing orders can be completed within timescales expected by courts, and that any new orders can commence promptly.

However, considerable uncertainty still remains in relation to the pandemic and it is expected that the number of unpaid work hours will rise over the coming months if justice social work capacity remains significantly constrained by necessary public health restrictions while court business resumes.

We will continue to monitor the situation closely in the coming months, particularly with regard to capacity issues, and to work with partner organisations to address any further difficulties arising as a result of backlogs within the criminal justice system. Further action cannot be ruled out while the pandemic continues, but would be only considered if clearly necessary and proportionate in the context of the emergency powers in the Coronavirus (Scotland) Act 2020, and would be subject to approval by the Scottish Parliament.

Question reference: S5W-35374

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Jeane Freeman on 2 March 2021

To ask the Scottish Government how it allocated the £2 million of capital funding given to victim and witness support organisations in 2020-21, and what information it has regarding how this money was spent.

The victim support budget has provided substantial investment, via health boards, to support forensic medical services, with £2 million per year over 3 years since 2018-19. In 2020-21, funding was provided to further improve health boards’ forensic medical services, including to enhance existing, or to create new, healthcare facilities and to build workforce capacity. More specifically, this funding has contributed to a new forensic medical examination suite in the Borders General Hospital and has supported the recruitment and retention of Gender-Based Violence leads, forensically trained nurses and other essential workforce positions across all 14 territorial boards.

Question reference: S5W-35382

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government, in light of the recommendation made by the Justice Committee in the paper, Report on post-legislative scrutiny of the Police and Fire Reform (Scotland)Act 2012 - The Police Service of Scotland, whether it has introduced a resolution plan system for when a local authority does not agree with a local police plan.

It is for the Scottish Police Authority and Police Scotland to develop their engagement with local partners. However, there are now significantly more local elected members involved in scrutiny of policing, with each local authority having its own scrutiny committee and elected members play a central role in the development and agreement of local police plans. Annual Police Plans sit alongside Local Police Plans and are developed in consultation with local partners and communities. The SPA and Police Scotland are also developing a new Police Performance Framework, which will reflect an outcomes-focused approach and provide performance information at a local and national level.

Question reference: S5W-35373

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government how much of the Victim/Witness Support budget is spent on victims' organisations that are based in the north east.

In 2020-21 £9.8 million of the £18.7 million victims / witness support budget was allocated to a range of victim support organisations.

Victim Support Scotland have local offices in Aberdeen and Dundee. The Rape Crisis Scotland National Advocacy Project also provides advocacy support in two local centres based in the north east in Aberdeen and Dundee.

National organisations such as Victim Support Scotland, Action Against Stalking, Trafficking Awareness Raising Alliance and Migrant Help, are funded to provide support to victims across the whole of Scotland, including the north east.

Question reference: S5W-35377

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government whether the next Victim Taskforce papers will include a paper, "catalogue on initiatives", which had been included in previous papers but not the most recent set.

Question reference: S5W-35375

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government, further to its news release of 12 January 2021, Reforming parole, whether the proposals will extend to temporary release from prison.

The Scottish Government are committed to putting victims’ rights at the heart of the criminal justice

The content of the announcement on 12 January specifically related to changes to parole regulations.

Individuals who have joined the Victim Notification Scheme (VNS) are entitled to receive information, under section 16(3) of the Criminal Justice (Scotland) Act 2003, when the relevant prisoner is, for the first time, entitled to be considered for temporary release.

Prior to decisions on temporary release being taken, a number of checks are undertaken with the police, community based social workers, health professionals and other agencies. Individuals registered to VNS Part 2 can make written representations to SPS to help inform decisions on whether an individual is suitable for temporary release, and the information they provide can be taken into account when deciding licence conditions for an prisoners’ temporary release. Individuals who make representations should receive a letter back from SPS informing them of any licence conditions that are specific to them.

As of 1 May 2019 victims of life sentenced offenders are now able to make representations in relation to temporary release in person or orally to a member of staff of the SPS. The opportunity to make representations was previously only able to be done in writing.

Question reference: S5W-35379

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government, in light of 79% of respondees to its recent consultation on the matter selecting this option, whether it will expand the number of victim statements that can be given at court to all victims of cases under solemn proceedings as well as victims of certain cases tried under summary proceedings.

The findings of the consultation will inform continued engagement with the Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service and victim support organisations on the detail of proposed changes to the Victim Statement Scheme.

The Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 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-35381

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government whether it will publish follow-up modelling of the number of trials in backlog, in light of the announcement that court business will be restricted until the end of March 2021.

The Scottish Courts and Tribunals Service (SCTS) publishes, on a monthly basis, a workbook that details the throughput of criminal cases and the forecast of outstanding scheduled trials in the High Court, Sheriff Court and Justice of Peace Court. This shows the impact of court restrictions and can be accessed at the following link https://www.scotcourts.gov.uk/about-the-scottish-court-service/scs-news/2021/02/16/monthly-information-on-criminal-case-throughput-for-january-2021