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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-26837

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 06 January 2020
Current Status: Answered by Humza Yousaf on 20 January 2020

To ask the Scottish Government how many prisoners identified as falling within the Scottish Prison Service Gender Identity and Gender Reassignment Policy have never requested accommodation according to self-declared identity in a (a) men’s or (b) women’s prison.

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

SPS is currently unable to provide information on transgender people who are no longer in our care.

However, I can advise that on Wednesday 8 January 2020 there were 14 people in Scottish prisons who were identified on the Prisoner Records System as having engaged, at some stage, in the gender reassignment process. This number includes 3 people who had previously began the gender reassignment process but who now identify with the gender they were assigned at birth.

Of those currently in SPS care, 3 transwomen have never requested to be accommodated according to their identified gender.

Decisions on the most appropriate location to accommodate transgender people in our care are made on an individualised basis after careful consideration of all relevant factors, including risk.

Question reference: S5W-26836

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 06 January 2020
Current Status: Answered by Humza Yousaf on 20 January 2020

To ask the Scottish Government how many prisoners identified as falling within the Scottish Prison Service Gender Identity and Gender Reassignment Policy have requested accommodation according to self-declared identity in a (a) men’s or (b) women’s prison, also broken down by how many requests were approved.

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

SPS is currently unable to provide information on transgender people who are no longer in our care.

However, I can advise that on Wednesday 8 January 2020 there were 14 people in Scottish prisons who were identified on the Prisoner Records System as having, at some stage, engaged in the gender reassignment process. This number includes 3 people who had previously began the gender reassignment process but who now identify with the gender they were assigned at birth.

Of those currently in SPS care, 7 transwomen have previously requested to be accommodated in the women’s estate; 4 of these requests are currently being facilitated. One transman, currently residing in the women’s estate, has previously requested to be accommodated in the men’s estate.

Decisions as to the most appropriate location to accommodate transgender people are made on an individualised basis after careful consideration of all relevant factors, including risk and the individual’s preference.

Question reference: S5W-26838

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 06 January 2020
Current Status: Answered by Humza Yousaf on 20 January 2020

To ask the Scottish Government how many times prisoners who have been accommodated according to their self-declared identity under the Scottish Prison Service Gender Identity and Gender Reassignment Policy have been moved from a (a) women’s to a men’s and (b) men’s to a women’s prison, also broken down by how many of these moves were at a prisoner’s request.

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

SPS is currently unable to provide information on transgender people who are no longer in our care.

However, I can advise that on Wednesday 8 January 2020 there were 14 people in Scottish prisons identifiable on the Prisoner Records System as having, at some stage, engaged in the gender reassignment process. This number includes 3 people who had previously began the gender reassignment process but who now identify as the gender they were assigned at birth.

Following a careful consideration of risk, 2 transwomen currently in SPS care have been moved from the women’s estate to the men’s. On both occasions these relocations were aligned to the expressed desire of the individual’s concerned. One transman has been moved from the men’s estate to the women’s. However, this relocation was not aligned with their expressed desire.

Question reference: S5W-26839

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 06 January 2020
Current Status: Answered by Humza Yousaf on 20 January 2020

To ask the Scottish Government how possessing a gender recognition certificate impacts on a prisoner’s legal entitlement to be accommodated in the prison estate in a manner that is consistent with their acquired gender.

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

A transgender person in the care of SPS who possess a gender recognition certificate will normally be managed and held in an establishment that reflects their gender reassignment status. However, where it has been identified that such persons may represent a risk to the safety of those of their reassigned gender or they themselves may be at risk, SPS can take the decision to hold that person in an establishment that reflects their birth gender. The Equality Act 2010 allows trans people to be excluded, in certain restricted circumstances, from single-sex services, where that is proportionate and justifiable, and this could include the exclusion of a trans person who has a gender recognition certificate. For example, a help group for female victims of sexual offences may seek to exclude those who are born male, even where they identify as female, in order to provide the participants with the necessary reassurance to participate freely.

Question reference: S5O-04016

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 08 January 2020
Current Status: Answered by John Swinney on 16 January 2020

To ask the Scottish Government what its response is to figures from the EIS stating that one in three teachers in Aberdeen are considering leaving the profession.

We are already taking a range of actions to provide additional support for teachers to improve recruitment and retention, improve teachers’ pay and tackle workload. Teacher numbers have increased for the fourth year in a row - rising to 52,247 in 2019, teacher vacancies are lower and the pupil teacher ratio is at its lowest since 2013. Teacher numbers in Aberdeen have also been rising since 2016.

Question reference: S5O-04023

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 15 January 2020
Current Status: Taken in the Chamber on 22 January 2020

To ask the Scottish Government what discussions it has had with victims of crime regarding the Scottish Elections (Franchise and Representation) Bill.

Question reference: S5W-26810

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 20 December 2019
Current Status: Answered by Michael Matheson on 8 January 2020

To ask the Scottish Government, in light of road closures and diversions through the town's high street as a result of the Laurencekirk Junction A90/A937 Improvement Scheme, what road orders it proposes to ensure a clear and safe route, and what impact increased usage will have on local businesses, amenity for residents and the cost to the local authority of maintaining the road.

The draft road Orders as published on 19 December 2019 are those necessary to deliver the Scheme. There are no permanent road closures or diversions planned that will affect the town’s High Street as a result of the new grade-separated junction. Detailed traffic modelling undertaken as part of the development and assessment of the preferred option indicates no significant increase in traffic on the High Street as a direct result of the grade-separated junction and no detrimental effect to local businesses is expected as a result of the new grade-separated junction. Amenity for local residents will be improved in terms of provision for non-motorised users (NMUs) and opportunity for active travel as part of the Scheme. As the proposed realigned A937 replaces sections of the existing A937 there is not a significant increase in infrastructure for the local authority to maintain and all local roads under Aberdeenshire Council’s authority will continue to be considered as part of the Scottish Government’s Grant Aided Expenditure allocation processes.

Question reference: S5W-26812

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 20 December 2019
Current Status: Answered by Michael Matheson on 8 January 2020

To ask the Scottish Government, with regard to the Laurencekirk Junction A90/A937 Improvement Scheme, whether it has discussed increasing the frequency of trains stopping at Laurencekirk railway station in order to reduce traffic requiring to use the area during the works.

Question reference: S5W-26809

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 20 December 2019
Current Status: Answered by Michael Matheson on 8 January 2020

To ask the Scottish Government when it anticipates completion of the Laurencekirk Junction A90/A937 Improvement Scheme.

The Draft Statutory Order material was published on 19 December 2019. The statutory consultation period for making representations to the Scheme proposals expires on 14 February 2020. Progress thereafter will be dependent on the public reaction to the published draft Orders and whether a public local inquiry is required. Delivery of the scheme itself can only commence when the scheme is approved under the statutory procedures and thereafter a timetable for construction can be determined.

Question reference: S5W-26811

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 20 December 2019
Current Status: Answered by Michael Matheson on 8 January 2020

To ask the Scottish Government, in light of road closures and diversions through the town's high street as a result of the Laurencekirk Junction A90/A937 Improvement Scheme, what traffic orders it proposes in relation to the displaced parked traffic on the high street to ensure no loss of amenity to residents.