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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: S5W-29142

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government what its reasons are for adopting the terminology of VSCs (Variations in Sex Characteristics) for the purposes of the Hate Crime and Public Order (Scotland) Bill, rather than DSDs (Differences in Sex Development), which is used by NHS Scotland and its Scottish Differences in Sex Development Network.

The Scottish Government is aware that other terms are also in use, such as ‘intersex’ or ‘difference in sex development’. People with a variation will also have their own preferred language and might refer to their specific variation or diagnosis. The Hate Crime and Public Order (Scotland) Bill does not seek to impose the language of ‘variations in sex characteristics’ on individuals or organisations. The term ‘variations in sex characteristics’, as opposed to ‘intersex’, is used as this is an inclusive term, increasingly being adopted by stakeholders.

Question reference: S5W-29140

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government (a) at what point and (b) against what benchmark something becomes a "variation" in the "sexual characteristics" defined by the Hate Crime and Public Order (Scotland) Bill.

As set out in the answer to question S5W-29139 on 4 June 2020, a definition of ‘variations in sex characteristics’ is provided, for the purposes of the Bill, as being a reference to a person being born with physical and biological sex characteristics which, taken as a whole, are neither those typically associated with males nor those typically associated with females. Any type of variation, to any degree, which is within this definition is potentially within the scope of the Bill.

For an offence to be aggravated, the course of conduct or action of the offender must evince malice and ill-will towards the person affected based on that person's membership, presumed membership or association with a particular group; or be motivated by malice and ill-will towards members of a group based on their membership of that group.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

Question reference: S5W-29208

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 19 May 2020
Current Status: Answered by Humza Yousaf on 4 June 2020

To ask the Scottish Government whether it will provide an update on its implementation of alcohol monitoring tags for released offenders.

The Management of Offenders (Scotland) Act 2019 received Royal Assent on 30 July 2019. The Act provides a legislative basis for enhanced electronic monitoring capabilities. A new electronic monitoring contract started on 1 April 2020 and that now provides a contractual framework for the new technological capabilities, including remote substance monitoring, once the relevant sections of the Act are commenced.

However, those sections of the Act will only be commenced once there has been discussion and agreement with stakeholders as to how the service can be developed. The necessary discussions with stakeholders that are needed prior to developing a service with those capabilities have had to be limited over recent weeks as all parties focus on managing the impact of Covid-19 across justice services, but the intention is they will resume as soon as practically possible.

Question reference: S5O-04406

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 June 2020
Current Status: Taken in the Chamber on 11 June 2020

To ask the Scottish Government how many police officers have been tested for COVID-19.

Question reference: S5W-29143

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 May 2020
Current Status: Answered by Humza Yousaf on 3 June 2020

To ask the Scottish Government what its response is to reported criticism that its policy of closing local courts and moving business to hubs during the COVID-19 outbreak may actually increase the risk of spreading the virus.

Question reference: S5W-29136

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 18 May 2020
Current Status: Answered by Joe FitzPatrick on 28 May 2020

To ask the Scottish Government whether all prisoners are tested for COVID-19 prior to release and, if so, at what point.

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.