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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-29026

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 12 May 2020
Current Status: Answered by Humza Yousaf on 27 May 2020

To ask the Scottish Government whether formal guidance or direction has been issued to sheriffs to avoid sentencing offenders to prison terms during the COVID-19 lockdown.

Sentencing decisions in individual cases are entirely a matter for the court to take within the overall legal framework, taking account of all the relevant facts and circumstances of the case.

The Scottish Ministers do not issue guidance or direction to sheriffs regarding the sentencing of offenders. The Scottish courts are entirely independent of the Scottish Ministers and the Lord President is constitutionally and legally responsible for the efficient disposal of business within the courts and for the issuing of guidance to the judiciary.

Question reference: S5O-04362

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 May 2020
Current Status: Taken in the Chamber on 28 May 2020

To ask the Scottish Government what meetings it has had with Aberdeen City Council since the COVID-19 crisis began.

Question reference: S5W-28818

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 30 April 2020
Current Status: Answered by Humza Yousaf on 20 May 2020

To ask the Scottish Government for what reason police officers who are asymptomatic but attend incidents where there is a high risk of exposure to COVID-19 are reportedly not being tested for the virus.

Police officers and staff who are feeling concerned about their health or wellbeing following a Covid-19 interaction can contact their HR department to be risk assessed, following which a decision can be made on whether testing is appropriate. This position has been welcomed by the Scottish Police Federation.

The tests that are currently available are effective at identifying people who have COVID-19, but only when they are symptomatic. If someone is asymptomatic, then the tests cannot reliably detect infection prior to the onset of symptoms.

The testing of police officers and staff is important and they will continue to have priority access to testing for as long as is necessary.

Question reference: S5W-28833

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 May 2020
Current Status: Answered by Kate Forbes on 19 May 2020

To ask the Scottish Government how many Aberdeen-based businesses qualify for business grants because of the COVID-19 response, and how many would have done so prior to the rates revaluation.

Eligibility for the grant scheme is based on the local authority records for property use and rateable value as at 17 March 2020, and the Scottish Government estimates that there are around 2,600 ratepayers in Aberdeen city that may be eligible for either the Small Business Grant, and/or the Retail, Hospitality, and Leisure Grant.

The grant support scheme available to businesses suffering hardship as a result of the COVID-19 pandemic reflects relief eligibility and property valuations in 2020-21 and no hypothetical analysis has been performed for other years.

Question reference: S5W-28500

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 April 2020
Current Status: Answered by Humza Yousaf on 18 May 2020

To ask the Scottish Government what guidance (a) the Crown Office and Procurator Fiscal Service and (b) Police Scotland has drawn up for the enforcement of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020.

It is a matter for the Lord Advocate, as the head of the system of prosecution in Scotland, to consider whether it is appropriate or relevant to issue guidance on the enforcement of The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 (“the Regulations”).

(a) However, I can advise you that the Lord Advocate has issued Guidelines to Police Scotland on the operation of the Fixed Penalty Notice Scheme under the Regulations. The Guidelines are published on the COPFS website.

Similarly, it is for the Chief Constable to determine the operational approach that police officers should take in exercising the new enforcement powers under the Regulations and to develop the operational guidance that he considers relevant and appropriate in the circumstances.

(b) Again, I can advise you that Police Scotland have produced operational guidance on the proportionate application of the enforcement powers under the Regulations for dissemination to officers, including proactive communications and social media highlighting that, even in these exceptional times, their approach to policing will remain governed by consent, with “soft enforcement” as the default setting. This guidance also sets out the four step operational strategy of Engage; Explain; Encourage; and Enforce. Enforcement is only used as a last resort.

Question reference: S5W-28482

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 April 2020
Current Status: Answered by Humza Yousaf on 18 May 2020

To ask the Scottish Government what assessment it has made of the feasibility of temporarily expanding the prison estate with additional cells, in light of the COVID-19 outbreak.

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

On 3 January 2020, there were 8,159 people in custody, compared with 7,176 on 24 April 2020, a reduction of 983. Our population level is currently at the lowest it has been since the end December 2016 when the lowest level recorded was 7,185.

Scotland’s prison population is projected to continue to decline in the coming months through the applications of early release legislation and the relaxation of some restrictions in the HDC process. It is therefore not necessary for the SPS to expand the prison estate with additional cells as is happening in other jurisdictions.

It should be noted that whilst there may be capacity in establishments, SPS are following public health advise and all non-essential prison transfers have been suspended to minimise the spread of infection.

Question reference: S5W-28335

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 14 April 2020
Current Status: Answered by Humza Yousaf on 13 May 2020

To ask the Scottish Government what provision is being made to provide personal protective equipment (PPE) to frontline staff dealing with prisoner transfers for court appearances.

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

The transfer of people between prison custody and court is undertaken by GEOAmey under the Scottish Court Custody and Prisoner Escorting Service contract. GEOAmey is responsible for the risk assessment and provision of PPE to their staff.

GEOAmey report that all members of their staff have access to supplies of appropriate PPE in accordance with operating guidelines and are working to ensure adequate levels of stock are maintained.

Question reference: S5W-28287

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 April 2020
Current Status: Answered by Humza Yousaf on 6 May 2020

To ask the Scottish Government what items of personal protective equipment (PPE) are being procured by the Scottish Prison Service in response to the COVID-19 outbreak, broken down by (a) quantity and (b) deadline, and, in light of reports that the agency already has sufficient stock, for what reason it is carrying out this exercise.

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

Table 1 provides a breakdown of all PPE items and quantities ordered by SPS, by date.

Table 2 provides a breakdown of all PPE items and quantities received by SPS, by date.

Table 1:

Date PPE Orders placed (Week Commencing)	02-Mar-20	09-Mar-20	16-Mar-20	23-Mar-20	30-Mar-20	06-Apr-20	Total
PPE Item
Reusable Mask FFP3	1,600	2,000	1,500				5,100
Disposable Mask FFP2	2,000			80,000	7,500		89,500
Disposable Apron	14,000	35,000	25,000	70,000			144,000
Disposable Gloves	50,000	100,000	100,000				250,000
Goggles	2,389	33,517	25,000				60,906
Antibacterial wipes (packs of 1,500)	2,000						2,000
Antibacterial wipes (packs of 130)		4,950					4,950
Hand Sanitiser various sizes	15,000		18,480	4,008	4,008	1,700	43,196

Table 2:

Date PPE Orders Received (Week Commencing)	02-Mar-20	09-Mar-20	16-Mar-20	23-Mar-20	30-Mar-20	06-Apr-20	Total
PPE Item
Reusable Mask FFP3	1,600						1,600
Disposable Mask FFP2			2,000		80,000		82,000
Disposable Apron	9,000				70,000	35,000	114,000
Disposable Gloves	50,000	100,000					150,000
Goggles	2,389	2,218		203			4,810
Antibacterial wipes (packs of 1,500)			1,000	1,000			2,000
Antibacterial wipes (packs of 130)			4,950				4,950
Hand Sanitiser various sizes					4,008	4,008	8,016

SPS do not place deadlines on PPE orders, delivery timescales are determined by the respective suppliers.

All establishments are required to record and report their PPE usage on a weekly basis. Stock levels are centrally monitored on an ongoing basis in order to ensure that adequate levels are maintained.

SPS currently has sufficient stock levels of PPE however these levels will deplete with use during this uncertain time. SPS continues to work with suppliers to ensure that sufficient quantities of PPE are maintained and available in line with the latest government and public health advice.

Question reference: S5W-28288

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 April 2020
Current Status: Answered by Humza Yousaf on 6 May 2020

To ask the Scottish Government what items of personal protective equipment (PPE) are being procured by Police Scotland in response to the COVID-19 outbreak, broken down by (a) quantity and (b) deadline.

Police Scotland advises that officers can risk assess whether or not to use a surgical mask for routine policing activities where there are no symptoms or other indications of Covid-19 but where it may be difficult to apply social distancing measures. If there is a requirement for police support at an incident of suspected or confirmed COVID-19, wherever possible trained officers in full PPE kit will be deployed to attend. This kit comprises of:

FFP3 Face Masks
Disposable Suit EN14126 Standard
Full Knee Length Boot Covers
Indirect Vent Goggles
Long cuff Nitrile Gloves
Surgical masks

Procurement and distribution of PPE is an operational matter for the Chief Constable; however, Police Scotland has advised that 6,470 officers have been trained and face fitted in the use of PPE at 20 April 2020. All officers have to be 'face fitted' in the FFP3 to ensure manufacture compliance and health and safety principles.

Question reference: S5W-28299

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 April 2020
Current Status: Answered by Kate Forbes on 4 May 2020

To ask the Scottish Government what information it has regarding whether churches and religious bodies in Scotland will be eligible to apply for support from the funding package for charities that has been announced by the UK Government in light of the COVID-19 outbreak,

The Third Sector Resilience Fund (TSRF) is a £20 million emergency fund for charities, community groups, social enterprises and voluntary organisations working in Scotland. The fund will support organisations that already deliver services and products but find themselves in financial difficulties directly as a result of the coronavirus pandemic. The primary intention of the fund is to help third sector organisations to stabilise and manage cash flows over this difficult period.
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‎The Fund is being delivered by Firstport, Social Investment Scotland and the Corra Foundation and will provide grants between £5,000-£100,000. In addition there will be up to a further £5 million available in fully flexible, 0% interest loans starting at £50,000. The fund will be complemented by specialist business advice from Just Enterprise to help grant recipients maximise the impact of the financial support.
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‎More information about Covid-19 related support available to third sector organisations, including the Third Sector Resilience Fund is available at: https://scvo.org.uk/support/coronavirus .