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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: S5W-31429

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 26 August 2020
Current Status: Answered by Jeane Freeman on 7 September 2020

To ask the Scottish Government what investigation it is undertaking into the reported (a) “inaccuracies” in the cost plan and (b) inadequate “co-ordination of the design development process” for the Baird Family Hospital and Anchor Centre.

In order to verify the reasons for the variance and to better understand the issues driving the increase in anticipated construction costs, NHS Grampian, with the full support of Scottish Government, jointly commissioned, with Health Facilities Scotland, an independent external review of project process and costs through the Royal Institute of Chartered Surveyors (RICS). The findings of the review were considered as part of the approval of the final business case.

Question reference: S5W-31427

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 26 August 2020
Current Status: Answered by Jeane Freeman on 7 September 2020

To ask the Scottish Government whether it will provide a breakdown of the reported £9 million spent on "advisers" for the Baird Family Hospital and Anchor Centre.

Since 2014-15, the total amount spent on the project team and professional advisers for the Baird Family Hospital and Anchor Centre is £6 million which is to be expected for a project of this size and complexity.

The following table presents the breakdown of the total spend:

Project team and advisors	Total
	£000's
Project Team - staff costs	3,512
Other Development costs	491
Advisors:
Technical Advisors	365
Legal Advisors	15
Financial Advisors	29
Health Care Planners	394
Cost Advisors	871
Project Manager	366
CDM Advisor	21
Total advisors	2,062

Total project team and advisors	6,065

Question reference: S5W-31430

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 26 August 2020
Current Status: Answered by Jeane Freeman on 7 September 2020

To ask the Scottish Government whether it will provide a breakdown of the reported £6 million costs associated with the project team for the Baird Family Hospital and Anchor Centre.

Question reference: S5O-04580

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 02 September 2020
Current Status: Taken in the Chamber on 10 September 2020

To ask the Scottish Government whether it will provide an update on the Stonehaven train crash.

Question reference: S5W-31342

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 August 2020
Current Status: Answered by Humza Yousaf on 2 September 2020

To ask the Scottish Government, in light of the evidence given to the Justice Committee by the Chief Executive of the Scottish Courts and Tribunals Service on 18 August 2020 (Official Report, c.2) regarding the potential positive impact of jury centres in reducing the backlog of solemn cases, whether it will rule out introducing trial by judge only.

Question reference: S5W-31318

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 20 August 2020
Current Status: Answered by Humza Yousaf on 2 September 2020

To ask the Scottish Government, in light of the Scottish Prison Service (SPS) proposing to review its Gender Identity and Gender Reassignment Policy in December 2018, an SPS spokesperson stating in May 2019 that the review would commence "in the coming weeks", the SPS stating in August 2019 that it was "committed to reviewing the policy and holding an open consultation" and, in January 2020, the SPS stating that a review would take place in "early 2020", whether the review has commenced and, if not, when it is expected to do so.

Internal consultation in respect of those in custody has already been undertaken with those in our care and staff. It had been intended to start a targeted external consultation (to include those such as MSPs who had expressed specific interest, and others who have relevant organisational expertise) in March but this was unfortunately delayed due to COVID lockdown.

SPS is currently in the process of summarising the information obtained during the internal consultation to provide briefing for those who participate in the planned external consultation process. It is anticipated that the external consultation will be initiated towards the end of September with a view to conducting interviews during October, November and December 2020. The interview process should allow time for appropriate sharing and clarification before any policy refinement is undertaken in the New Year.

Question reference: S5W-31096

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 05 August 2020
Current Status: Answered by Humza Yousaf on 2 September 2020

To ask the Scottish Government when the annual Scottish Prison Service procurement report for the financial year 2019-20 will be published.

Question reference: S5W-31405

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 25 August 2020
Current Status: Answered by Jackson Carlaw (on behalf of the Scottish Parliament Corporate Body) on 1 September 2020

To ask the Scottish Parliamentary Corporate Body what the process and timescale is for it to nominate and appoint the Scottish Biometrics Commissioner.

The Scottish Biometrics Commissioner will be appointed by Her Majesty on the nomination of the Scottish Parliament.

Under the Parliament’s Standing Orders, a cross-party selection panel will be established. The selection panel will be chaired by the Presiding Officer and the other members will be a relevant convener (in this case the Convener of the Justice Committee) and between 4 and 7 other members having regard to the political balance of the Parliament.

It is anticipated that the recruitment of the Biometrics Commissioner will start in October with the successful candidate taking up appointment in 2021.

Question reference: S5W-31269

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 17 August 2020
Current Status: Answered by Humza Yousaf on 27 August 2020

To ask the Scottish Government what its position is on whether the most appropriate mechanism for tackling misogynistic hate crime is through secondary, rather than primary, legislation.

The Hate Crime and Public Order (Scotland) Bill provides for an enabling power for the Scottish Ministers to add sex as a characteristic as part of the framework of statutory aggravations and/or stirring up hatred offences. Under the Bill, secondary legislation could be used only to bring sex-based hate crime into this framework. It will be for Parliament to decide whether to confer this power and, if so, for the Scottish Ministers to decide whether to use the power – subject to further scrutiny by Parliament at that point through affirmative procedure. If sex is added as a characteristic, it will become part of the framework provided for in primary legislation.

If a criminal offence of misogynistic harassment is to be legislated for at some future date, it will require primary legislation as there are no enabling powers within the Bill in this regard. The Scottish Government considers this is an appropriate approach to this area.

Question reference: S5W-31270

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 17 August 2020
Current Status: Answered by Humza Yousaf on 27 August 2020

To ask the Scottish Government when the working group to consider a standalone offence of misogynistic harassment will be set up; how it will be constituted, and what specific timescales have been establish for it to (a) convene and (b) report.

The Working Group will consider how the criminal law deals with misogyny, including whether there are gaps in legislation that could be filled with a standalone offence on misogynistic harassment.

The Working Group will also consider whether the characteristic of ‘sex’ should be added to the lists of characteristics within the hate crime legislative framework. An enabling power has been included in the Bill that will allow this to happen at a later date, by regulations, once the Bill has been passed.

The priority for the Scottish Government at this time is to respond to the Covid-19 pandemic, therefore the work to establish the working group is currently paused. Further details, including the remit and membership of the working group, will be considered in due course.