- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 09 July 2025
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Current Status:
Answered by Kate Forbes on 24 July 2025
To ask the Scottish Government whether it will provide an update on any discussions that it has had with the UK Government regarding the introduction of a new offence of misconduct in public office.
Answer
The Scottish Government has been engaging in ongoing discussions with the UK Government regarding the introduction of a “Hillsborough Law”, including a legal duty of candour for public servants and accompanying criminal sanctions. The Scottish Government is considering the extension of this to Scotland and the work in relation to this is ongoing.
The Scottish Government is aware of the Law Commission’s report on the common law offence of misconduct in public office in England and Wales and its recommendation that this is replaced with two statutory offences. The common law offence of misconduct in public office does not exist in Scots law. However, there is a comparable common law offence in Scots law of wilful neglect of duty. The Scottish Government has had some early engagement with the UK Government in relation to the Law Commission’s report.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 09 July 2025
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Current Status:
Answered by Kate Forbes on 24 July 2025
To ask the Scottish Government whether it is considering introducing a new offence of misconduct in public office.
Answer
The Scottish Government is aware of the Law Commission’s report on the common law offence of misconduct in public office in England and Wales and its recommendation that this is replaced with two statutory offences. The common law offence of misconduct in public office does not exist in Scots law. However, there is a comparable common law offence in Scots law of wilful neglect of duty. The Government is actively considering the Law Commission’s recommendations. Any changes to this area of law will require further examination.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 10 July 2025
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Current Status:
Answer expected on 7 August 2025
To ask the Scottish Government, further to the answer to question S6W-37247 by Angela Constance on 6 May 2025, and if it is the case that the peer review of the final report into the dual role of the Lord Advocate has concluded as anticipated, when a decision on the related consultation will be made, and when this consultation will begin.
Answer
Answer expected on 7 August 2025
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 08 July 2025
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Current Status:
Answer expected on 5 August 2025
To ask the Scottish Government, further to the answer to question S6W-38853 by Natalie Don-Innes on 27 June 2025, what its position is, regarding how they could apply in Scotland, on the measures announced by the Home Secretary for England and Wales in response to the UK Government's national audit on group-based child sexual exploitation and abuse.
Answer
Answer expected on 5 August 2025
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 20 June 2025
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Current Status:
Answered by Angela Constance on 3 July 2025
To ask the Scottish Government, further to the answer to question S6W-38293 by Angela Constance on 18 June 2025, how (a) much has been spent on compensation payments to prisoners and (b) many such payments have been made, in each of the last five years.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
Since 2020 SPS has paid 753 compensation payments to prisoners, resulting in a total expenditure of £1,443,627, broken down as follows:
| Compensation Payments Made to Prisoners |
| 2020-21 | 2021-22 | 2022-23 | 2023-24 | 2024-25 |
Number of payments | 149 | 140 | 154 | 164 | 146 |
Total Cost | 838,883 | 277,312 | 84,759 | 54,755 | 187,918 |
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 09 June 2025
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Current Status:
Answered by Angela Constance on 23 June 2025
To ask the Scottish Government, in light of reports that prisoners in England and Wales have been banned from watching 18-certificated films since 2013, whether it will adopt a similar policy in Scotland.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
I refer the member to the answer to the question S6W-38480 on 23 June 2025. All answers to written Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 09 June 2025
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Current Status:
Answered by Angela Constance on 23 June 2025
To ask the Scottish Government what its response is to reports that the Scottish Prison Service allows prisoners to watch 18-certificated films that contain graphic violence, and that the Prison Officers’ Association is calling for a review of the films available to prisoners.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
SPS are committed to prepare those in our care for a return to their communities and, for some, this includes access to personal items and various forms of media.
As defined in The Prisons and Young Offenders Rules (Scotland) 2011, the Governor in Charge (GiC) must establish a System of Privileges, taking into consideration a number of factors, including security.
Access to watching DVDs is at the Governors discretion and remains a privilege and not a right.
Currently, there are no plans to review this current practice.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 04 June 2025
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Current Status:
Answered by Angela Constance on 18 June 2025
To ask the Scottish Government whether any compensation payments have been made to prisoners in the last five years, and, if so, what the reason was for each payment.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
SPS recognises that where the Court supports a claim, the appropriate compensation should be paid. This may include incidents where the belongings of someone in custody have been lost or damaged, where an injury has occurred or in the limited occasions where someone has been detained in error.
SPS can confirm that in the last five years, prisoners have been awarded compensation. Compensation has been awarded for reasons such as personal injuries, damaged or lost property and unlawful detention, however we are unable to release the specific reasons for individual compensation payments, as this could lead to the indirect identification of the person involved.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 04 June 2025
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Current Status:
Answered by Angela Constance on 17 June 2025
To ask the Scottish Government whether the Scottish Violence Reduction Unit has had its funding reduced by £35,500 in the 2025-26 financial year, compared with the previous financial year.
Answer
Funding for the Scottish Violence Reduction Unit for 2025-26 has not been reduced.
The Scottish Government grant to the Scottish Violence Reduction Unit has been increased from £1.17 million in 2024-25 to just over £1.2 million for 2025-26. This represents an increase of £47000 (4%) on the Unit’s grant allocation in 2024-25, and is a £82000 (7%) increase on the Unit’s indicative grant allocation for 2025-26.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 04 June 2025
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Current Status:
Answered by Angela Constance on 17 June 2025
To ask the Scottish Government whether any payments have been made to prisoners to settle cases related to "slopping out" practices in prisons in the last five years, and, if so, what the total cost was of any such payments.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
In the last five years, the SPS has made payments to prisoners to settle cases related to “slopping out”. In the last five financial years, there has been a total of three cases settled relating to “slopping out” which were settled in Financial Year 2020-21. The total cost of these three cases was £12,000. There have been no further cases settled relating to “slopping out” since 2020-21.