- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 September 2021
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Current Status:
Answered by Keith Brown on 30 September 2021
To ask the Scottish Government what sort of behaviour from a child under the age of criminal responsibility would constitute the "significant harm or abuse" necessary for the child to qualify for the Bairns' Hoose criteria, as referred to in its paper Bairns' Hoose - Scottish Barnahaus: Vision, Values and Approach.
Answer
It will be a matter for professional judgement for practitioners as to whether the behaviour carried out by the child has caused or is likely to cause “significant harm or abuse” requiring the intervention of a Bairns’ Hoose. It is recognised that children exhibiting or carrying out harmful behaviour are often themselves victims of significant harm and abuse. It is with this in mind that a Bairns’ Hoose is considered the most holistic form of intervention and support for the child to ascertain the circumstances of the harm, whilst at the same time offering therapeutic support to a child who may themselves have been harmed.
There is no legal definition of significant harm or distinction between harm and significant harm. The extent to which harm is significant will relate to the severity or anticipated severity of impact upon a child’s health and development. ‘Harm’ in this context refers to the ill treatment or the impairment of the health or development of the child, including, for example, impairment suffered as a result of seeing or hearing the ill treatment of another. ‘Development’ can mean physical, intellectual, emotional, social or behavioural development. ‘Health’ can mean physical or mental health.
Forming a view on the significance of harm and whether or not a child is suitable for a Bairns’ Hoose will be undertaken by an Inter-agency Referral Discussion (IRD). An IRD is a formal process of information sharing, assessment, analysis and decision making following a reported concern about abuse. Placing this decision making forum ahead of any child attending a Bairns’ Hoose is necessary to ensure multi agency professional judgement and decision making informs all decisions relating to investigating harm and subsequent interventions, including whether accessing a Bairns’ Hoose is in the best interests of the child.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 29 September 2021
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Current Status:
Taken in the Chamber on 6 October 2021
To ask the Scottish Government what its response is to the Scottish Fire and Rescue Service consultation, Reducing Unwanted Fire Alarm Signals.
Answer
Taken in the Chamber on 6 October 2021
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 September 2021
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Current Status:
Answered by Keith Brown on 28 September 2021
To ask the Scottish Government what age group applies to the category "children under the age of criminal responsibility whose behaviour has caused significant harm or abuse" who are one of the eligible groups for the Bairns' Hoose, as stated in the Scottish Government’s paper Bairns' Hoose - Scottish Barnahaus: Vision, Values and Approach.
Answer
Section 41 of the Criminal Procedure (Scotland) Act 1995 sets out the age of criminal responsibility in Scotland. After section 1 of the Age of Criminal Responsibility (Scotland) Act 2019 has been commenced, children under 12 whose behaviour has caused significant harm to others will be eligible for support provided by the Bairns’ Hoose.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 September 2021
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Current Status:
Answered by Keith Brown on 28 September 2021
To ask the Scottish Government whether the two groups of children referred to in its paper Bairns' Hoose - Scottish Barnahaus: Vision, Values and Approach, who are eligible for the Bairns’ Hoose, namely those “who have been victims or witnesses to abuse or violence, which has caused or likely to cause significant harm” and “children under the age of criminal responsibility whose behaviour has caused significant harm or abuse”, will be dealt with in close proximity to one another.
Answer
The Scottish Government recognises that children whose behaviour has caused harm will also often be the victims of abuse or neglect. The Bairns’ Hoose will be an environment in which this context can be understood and positive interventions can be made to prevent further harmful behaviour.
A key consideration in the development of Bairns’ Hooses which will be taken into account in the development of the policy will be balancing the rights of victims and those of children whose behaviour has caused harm. We recognise the potential tension between the rights of victims and those of children whose behaviour has caused harm and, as such, addressing issues that may arise due to competing interests will be a fundamental consideration as we develop our plans for a national Bairns’ Hoose model.
Our approach is rights-based in line with the United Convention on the Rights of the Child (UNCRC), The Promise and Getting it Right for Every Child (GIRFEC) in recognising that all children must receive the right help at the right time.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 22 September 2021
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Current Status:
Taken in the Chamber on 29 September 2021
To ask the Scottish Government what engagement it has with local government regarding additional support that it can provide in order to maintain local authority services in areas that are required to host or are affected by planned major events.
Answer
Taken in the Chamber on 29 September 2021
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 September 2021
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Current Status:
Taken in the Chamber on 23 September 2021
To ask the First Minister what the Scottish Government's response is to reports that incidents of spitting on police officers increased by 15% in 2020-21, compared with the previous year.
Answer
Taken in the Chamber on 23 September 2021
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 22 July 2021
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Current Status:
Answered by Shona Robison on 3 September 2021
To ask the Scottish Government what plans are in place to reduce the risk of scammers and rogue traders targeting vulnerable and older people in relation to the installation of new interlinked fire alarms, in light of its recent legislation requiring this, and what assessment it has made of the merits of a public awareness campaign on this issue.
Answer
The Scottish Government will undertake a comprehensive awareness raising campaign which will run across a range of channels including TV, Radio and digital to ensure people are aware of the new legislation and encourage compliance. This will include material to support third sector stakeholders and messaging on the importance of using reputable tradespeople including signposting to local government Trading Standards.
The Strategic Framework within Scotland’s Scams Prevention, Awareness and Enforcement Strategy, published in 19 March 2021, focusses on prevention, disruption, awareness, education and enforcement. This is intended to help all consumers with practical steps they can take to recognise common scam tactics and avoid the risk posed by this criminal activity.
Further advice can be obtained from consumeradvice.scot which is a free consumer helpline funded by the Scottish Government.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 22 July 2021
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Current Status:
Answered by Mairi McAllan on 30 August 2021
To ask the Scottish Government whether it plans to undertake an awareness campaign to highlight the risk of grass fires to campers and other users of the rural environment, in light of a reported increase in grass fires caused by campers in 2019-20.
Answer
The Scottish Government’s public agencies are running promotional campaigns to support responsible enjoyment of the countryside, as part of the wider national visitor management strategy co-ordinated by VisitScotland. This includes messaging which relates to responsible lighting of fires, strongly emphasising for example the use of camping stoves. It also highlights the need to follow any relevant local guidance and promotes sensible behaviours. The campaigns are being taken forward through both traditional and social media, including work with online influencers to help reach audiences that are otherwise difficult to engage.
Figures show there has been widespread public engagement with these campaigns over the summer period.
£2.75 million has been allocated by Scottish Ministers this year for the Better Places Green Recovery Fund, administered by NatureScot, which partly provides for additional seasonal rangers to promote responsible behaviour. We are also providing our National Parks with an extra £3.6 million in 2021 which will support, among other things, seasonal rangers.
In addition, land managers have been advised to use time limited local signage or other communication methods to inform people when there are high risk conditions, working with local authorities and National Park Authorities.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 23 July 2021
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Current Status:
Answered by Ash Denham on 18 August 2021
To ask the Scottish Government what the impact on police (a) time and (b) resources would be of making it an offence to carry pyrotechnics in a public place and granting officers the power to stop and search people suspected of carrying such items.
Answer
As set out in the Draft Business and Regulatory Impact Assessment, which was published on 20 June in conjunction with the consultation paper on the introduction of new legislation on the sale and use of fireworks in Scotland, and tackling the misuse of pyrotechnics Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnics.
The new offence provisions will require Police Scotland to refresh their guidance on stop and search and pyrotechnics that is currently in place for their officers. Police Scotland has confirmed that there will be no additional resources required. Similar powers already exist for a person having an offensive weapon or dangerous instrument with them in a public place without reasonable excuse or lawful authority and it is anticipated that the proposed new offence will be enforced in a similar manner. In due course it is hoped that the new offence and stop and search power for pyrotechnics will make our communities safer and reduce public disorder thereby reducing the number of police operations.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Friday, 23 July 2021
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Current Status:
Answered by Ash Denham on 18 August 2021
To ask the Scottish Government what action it is taking to increase the job retention rate in the legal aid sector, and what plans it has to encourage more young people to consider a career in this sector.
Answer
The Scottish Government is working constructively and collaboratively with the Law Society of Scotland, the Scottish Solicitors Bar Association and representatives of several bar associations to co-design and deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.
As well as delivering the first stage of an uplift to legal aid fees of more than 10% over the next two years, the Scottish Government is providing up to £1 million over the next 2 years to support 40 legal aid traineeship posts. The Legal Aid Traineeship fund will increase the capacity and capability of the legal aid profession in Scotland by providing employment and training opportunities. The funding also aims to increase diversity and equality within the legal profession by the recruitment and retention of trainees from under-represented groups across the legal profession including people with a disability, from minority ethnic communities or from socio-economically disadvantaged backgrounds.
