Questions and answers

Question reference: S6W-41062

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 07 October 2025
Current Status: Answered by Angela Constance on 4 November 2025

To ask the Scottish Government what action it is taking to address keyless car thefts.

Question reference: S6W-41137

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 October 2025
Current Status: Answered by Jenni Minto on 4 November 2025

To ask the Scottish Government what actions it is taking to repond to the illicit cigarette trade.

We work closely with the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) to support enforcement of existing legislation, including on illicit tobacco. SCOTSS manages the Enhanced Tobacco Sales Enforcement Programme (ETSEP) in Scotland, which is a key component in the Scottish Government’s Tobacco and Vaping Framework.

In 2025-2026, Scottish Government provided funding of £46k to SCOTSS support a National Coordinator post and specific enforcement projects that vary year on year.

In 2024-2025 SCOTSS received an additional £75k to support the UK-wide Operation CeCe, which is a joint initiative between National Trading Standards and HMRC to remove illicit tobacco product from sale. SCOTSS plays a key role in this operation, coordinating local authority activity in Scotland. From 2025-2026 Operation CeCe is being funded directly by UKG.

In 2024-2025 19 local authorities in Scotland engaged in a joint operation with HMRC and Police Scotland as part of Operation CeCe. This resulted in the seizure of 1.4 million cigarettes and 800 kg of hand-rolling tobacco. Scottish referrals accounted for over 40% of successful HMRC sanctions across GB.

Scottish Government Officials also meet regularly with HMRC, who work with Border Force to take action to tackle the import of illicit tobacco and vaping products at the border.

Question reference: S6W-41141

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 October 2025
Current Status: Answered by Jenni Minto on 4 November 2025

To ask the Scottish Government how many prosecutions for illicit cigarette selling there have been since 2021.

There is a range of legislation which may be relevant when referring to prosecutions for “illicit cigarette selling”. The following information relates to charges reported to The Crown Office and Procurator Fiscal Service (COPFS) under:

The Tobacco and Related Products Regulations 2016;
The Standardised Packaging of Tobacco Products Regulations 2015.

Action taken re Subject	Action Taken Re Charge	Outcome	2021-22	2022-23	2023-24	2024-25
Summary	Court	Conviction	3	3	6	0
		No conviction	1	1	21	2
		Ongoing	0	4	10	15
		No further action	6	1	48	2
	Court Total		10	9	85	19
	Not separately actioned	Not separately actioned	2	2	2	0
Summary Total			12	11	87	19
Direct measure	Warning	Warning	0	4	0	0
	Not separately actioned	Not separately actioned	0	0	0	2
Direct measure Total			0	4	0	2
No action			10	17	2	44
No decision			0	0	17	10
Grand Total			22	32	106	75

(date of extract 20 October 2025).

Not Separately Actioned

No action was taken against the charge, but action (prosecution in court or direct measure) was taken against the accused.

Some of the libel in the charge may have been incorporated into a charge that was actioned.

Question reference: S6W-41140

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 October 2025
Current Status: Answered by Jenni Minto on 4 November 2025

To ask the Scottish Government what the total value is of illicit cigarettes that have been seized by Trading Standards Scotland since 2021.

Trading Standards Scotland is a team operated by COSLA and has no role in the disruption of the illegal tobacco supply. The Enhanced Tobacco Sales Enforcement Programme (ETSEP) is delivered by local authorities coordinated by Society of Chief Officers of Trading Standards in Scotland (SCOTSS).

Scottish Government does not hold information relating to the value of illicit cigarettes seized by Trading Standards. Value could relate to the average retail cost of cigarettes and tobacco, or the “street value” of illicit products.

However, SCOTSS have provided figures in relation to the amount of illicit cigarettes and tobacco seized since 2021, and this has been answered in question S6W-41139 on 4 November 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.

Question reference: S6W-41139

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 October 2025
Current Status: Answered by Jenni Minto on 4 November 2025

To ask the Scottish Government how many illicit cigarettes have been seized by Trading Standards Scotland since 2021.

Trading Standards Scotland is a team operated by COSLA and has no role in the disruption of the illegal tobacco supply. The Enhanced Tobacco Sales Enforcement Programme (ETSEP) is delivered by local authorities coordinated by Society of Chief Officers of Trading Standards in Scotland (SCOTSS).

SCOTSS have provided the following figures in relation to the amount of illicit cigarettes and tobacco seized since 2021:

Year	Number of Cigarettes seized (million)	Weight of Hand Rolling Tobacco seized (kg)
2024-25	1.4	800
2023-24	0.29	71
2022-23	1.08	115
2021-22	0.36	107

Question reference: S6W-41146

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 October 2025
Current Status: Answered by Angela Constance on 4 November 2025

To ask the Scottish Government how many sheriff courts are currently experiencing staffing issues that prevent the implementation of Drug Treatment and Testing Orders.

The resourcing and supervision of Drug Treatment and Testing Orders is a matter for individual local authorities which are best placed to ensure provision meets the needs of their local area.

While DTTOs are not currently available in all areas of Scotland, similar services can be provided via Community Payback Orders with particular requirements, helping to ensure that individuals’ support needs are met.

Question reference: S6W-41136

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 09 October 2025
Current Status: Answered by Jenni Minto on 4 November 2025

To ask the Scottish Government how it is working to prevent the sale of illicit cigarettes through street traders.

The Tobacco and Nicotine Vapour Product Register is a Scotland specific register that is governed by legislation. Scottish Ministers have a commitment to keep and maintain a register of all sellers of tobacco and vapes. The register has been an asset to enforcement authorities in Scotland for over 15 years. The refreshed register, launched in January this year, has improved this important tool for enforcement as well as a more efficient vehicle for engagement with retailers on compliance.

In addition, we work closely with the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) to support enforcement of existing legislation, including on illicit tobacco. SCOTSS manages the Enhanced Tobacco Sales Enforcement Programme (ETSEP) in Scotland, which is a key component in the Scottish Government’s Tobacco and Vaping Framework.

In 2025-2026, Scottish Government provided funding of £46k to SCOTSS support a National Coordinator post and specific enforcement projects that vary year on year.

In 2024-2025 SCOTSS received an additional £75k to support the UK-wide Operation CeCe, which is a joint initiative between National Trading Standards and HMRC to remove illicit tobacco product from sale. SCOTSS plays a key role in this operation, coordinating local authority activity in Scotland. From 2025-2026 Operation CeCe is being funded directly by UKG.

Scottish Government Officials also meet regularly with HMRC, who work with Border Force to take action to tackle the import of illicit tobacco and vaping products at the border.

Question reference: S6O-05101

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 29 October 2025
Current Status: Taken in the Chamber on 5 November 2025

To ask the Scottish Government what action it is taking to provide financial scrutiny over NHS Grampian.

Question reference: S6T-02716

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 27 October 2025
Current Status: Taken in the Chamber on 28 October 2025

To ask the Scottish Government what its response is to the prison population reaching a record high of 8,430 prisoners.

Question reference: S6W-41148

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 13 October 2025
Current Status: Answered by Siobhian Brown on 27 October 2025

To ask the Scottish Government what its position is on the Scottish Retail Consortium’s reported view that the term “shoplifting” underplays the seriousness of the crime and the cumulative impact it is having on the retail industry, and the recommendation that the term “shop theft” be used instead across the criminal justice system, including for data collection.

In Scotland, theft is defined as the taking or appropriating property from another person without their consent and with the intent to deprive them of it. This definition encompasses various forms of theft, including shoplifting, housebreaking and malicious mischief. The legal framework for theft in Scotland is based on common law, which is developed through court rulings and precedents.

Common law theft is not defined in legislation but is established through the principles of earlier court decisions. The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the public prosecution of criminal offences in Scotland, including theft.

The Scottish Government recognises the concerns expressed by the Scottish Retail Consortium regarding the impact of retail crime and the terminology used to describe it. While “shoplifting” is commonly used, both terms – “shop theft” and “shoplifting” – refer to the same underlying common law offence of theft.

The Scottish Government’s commitment to tackling shoplifting and retail crime in general was reaffirmed in our Programme for Government, which makes clear our strong support for Police Scotland’s robust approach in addressing this issue.

We continue to invest record levels of funding in policing, with £1.64 billion provided in 2024-25, including £3 million specifically to tackle retail crime. Police Scotland has also published a dedicated action plan to deliver a visible and measurable impact in this area.

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