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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: S6W-31170

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 11 November 2024
Current Status: Answered by Angela Constance on 25 November 2024

To ask the Scottish Government by what date it expects the report by the former chief executive of the Scottish Law Commission regarding the offices of the Lord Advocate and the Solicitor General to be (a) received by ministers, (b) produced and (c) published.

Question reference: S6W-31171

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 11 November 2024
Current Status: Answered by Angela Constance on 25 November 2024

To ask the Scottish Government whether it will publish the brief that it provided to the former chief executive of the Scottish Law Commission to inform and instruct his report regarding the offices of the Lord Advocate and the Solicitor General.

Question reference: S6W-31185

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 12 November 2024
Current Status: Answered by Angela Constance on 25 November 2024

To ask the Scottish Government what the design capacity is of HMP Barlinnie; how many prisoners it currently holds, and how many cells typically accommodate more than one inmate.

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

HMP Barlinnie has a total of 966 cells and a design capacity of 996. As of 19 November, the establishment held 1366 prisoners.

SPS are unable to quantify the number of cells that typically accommodate more than one person in our care, due to the many variables that accompany our complex population, however as of the aforementioned date, the establishment had a single cell occupancy rate of 33%.

Question reference: S6W-31261

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 14 November 2024
Current Status: Answered by Siobhian Brown on 25 November 2024

To ask the Scottish Government, in relation to the setting up of a contact centre to manage victims signing up to the Victim Notification Scheme, how much has been allocated to the setting up and ongoing running of the centre, and whether this is new money that will not be taken from funds allocated to victim support organisations or other third sector partners in this area.

We will work with victim support organisations and justice partners to take forward reforms to the Victim Notification Scheme to make use of resources and expertise that already exist, including within Scottish Government. The current work of the Victim Centred Approach workstream of the Victims Taskforce may also be relevant in terms of the model for victim support.

This will include exploring costs in the context of ensuring the best possible support and information for victims to be aware of the VNS, understand how it operates in their case, and to receive ongoing support if necessary. Much of this is likely to be possible through more effective joint working and the role of third sector support providers in providing practical and emotional support and engaging directly with victims will be recognised.

Question reference: S6O-03996

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 November 2024
Current Status: Taken in the Chamber on 21 November 2024

To ask the Scottish Government what its response is, regarding any implications for its Energy Strategy and Just Transition Plan, to the reported announcement by Apache that it will cease all operations in the North Sea by the end of 2029.

Question reference: S6W-31039

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 November 2024
Current Status: Answered by Siobhian Brown on 13 November 2024

To ask the Scottish Government, in light of reports that the legal aid budget has reduced by 45%, allowing for inflation, over the last 10 years, whether it plans to restore it to the level that it would have been were it to have been uprated each year by inflation, or to otherwise increase it.

The Legal Aid Fund is demand-led and directly linked to application numbers and all eligible costs are met. The Scottish Legal Aid Board’s Annual Accounts and Report 2023-24 show that the total cost of legal aid has increased 12% on the previous year to £151 million, 16% higher than the pre-pandemic year of 2019-20 and just under £10 million above the Scottish Legal Aid Boards’s budget of £141.3 million. Indications for this financial year show that expenditure levels are predicted to rise to around £171 million which will be the highest ever recorded.

Fees were uprated in 2019 by 3% and in 2021 by 5% and a further 5% came into effect in April 2022. Fees were increased most recently in April 2023 implementing an £11 million package of legal aid reforms and an uplift worth 10.25%. The compound effect of these increases is just over 25% and is a year-on-year increase in expenditure and investment in legal aid.

The most recent increase came into force on 29 April 2023, taking the total additional funding in legal aid to £31 million since April 2021.

In addition to fee increases, other forms of investment have been delivered by the Scottish Government. In 2021 a further £9 million in funding was also made available to assist legal aid providers through the pandemic.

The Scottish Government also provided funding to establish 40 traineeships in legal aid firms during 2021. The total additional funding package for legal aid providers between 2021-22 was worth £20 million.

The Scottish Legal Aid Board’s Annual Accounts and Report 2023-24 can be found here: Annual Report and Accounts - Scottish Legal Aid Board (slab.org.uk).

Question reference: S6W-31040

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 November 2024
Current Status: Answered by Siobhian Brown on 13 November 2024

To ask the Scottish Government what its position is on the reason why there has been a reported reduction in criminal aid solicitors, since 2007, from 1,459 to 966.

The Scottish Legal Aid Board doesn’t use the register of criminal legal aid solicitors as an indication of solicitor availability. A small number of solicitors register and do small amounts of work to meet ad hoc requests from individual clients. They often choose to eventually withdraw from the register rather than meeting the requirements for remaining on it. A better indication of solicitor supply is the number of active solicitors – those solicitors who have carried out criminal legal aid work in the last 12 months.

The number of solicitors actively involved in criminal legal assistance has remained relatively stable for the last four years, with activity heavily concentrated among the busier solicitors. Based on active solicitor numbers there has been a reduction of 23 active solicitors – or 3% - in last four years.

Question reference: S6W-31038

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 November 2024
Current Status: Answered by Siobhian Brown on 13 November 2024

To ask the Scottish Government whether it will renew the legal aid trainee fund.

The current Traineeship Fund is due to end in March 2025. Learning lessons from previous grant funding projects such as this is extremely important, and the outcome of the evaluation will help shape and inform any decisions with regards to a future Traineeship Fund.

It is important that before any decisions are taken, we continue to have constructive and meaningful dialogue with our stakeholders, particularly the Law Society of Scotland.

The Scottish Government needs to ensure that funding is targeted where it is most needed. It is also essential that there is a clear evidence base of that need and that value for money for the use of public funds can be demonstrated in line with the Scottish Government’s Public Financial Manual.

Question reference: S6W-30922

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 29 October 2024
Current Status: Answered by Angela Constance on 11 November 2024

To ask the Scottish Government what the capacity is of the new HMP Glasgow, and whether each cell will accommodate one prisoner only.

Question reference: S6W-30923

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 29 October 2024
Current Status: Answered by Angela Constance on 8 November 2024

To ask the Scottish Government what the capacity is of the new HMP Highland, and whether each cell will accommodate one prisoner only.