Questions and answers

Question reference: S6W-11726

Asked by: Daniel Johnson, MSP for Edinburgh Southern, Scottish Labour
Date lodged: Wednesday, 26 October 2022
Current Status: Answered by Keith Brown on 4 November 2022

To ask the Scottish Government how many (a) prosecutions and (b) convictions there have been under the Property Factors (Scotland) Act 2011.

The Scottish Government Criminal Proceedings database is not a live system and the latest available information is for the financial year 2020-21. Statistics are presented on the number of people dealt with by the Scottish Criminal Justice System where proceedings have concluded.

Our records show one person was prosecuted in Scottish courts in 2018-19, where the main charge was under the Property Factors (Scotland) Act 2011. They were found not guilty.

Question reference: S6W-11699

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 26 October 2022
Submitting member has a registered interest.
Current Status: Answered by Mairi McAllan on 4 November 2022

To ask the Scottish Government what consideration it has given to the monitoring of seals that have been rehabilitated and then released, in order to identify any unusual behaviour that could be potentially damaging to native species.

The Scottish Government is not aware of any monitoring that takes place with regards to the release of rehabilitated seals from rescue centres. However, advice from the Special Committee on Seals ( 2019 Report ) is that rehabilitated seals typically behave like wild seals shortly following release. Rehabilitated seals are released back into the wild close to the sites at which they were found. No non-native seals are released in Scotland.

Question reference: S6W-11734

Asked by: Alex Cole-Hamilton, MSP for Edinburgh Western, Scottish Liberal Democrats
Date lodged: Wednesday, 26 October 2022
Current Status: Answered by Maree Todd on 4 November 2022

To ask the Scottish Government whether there are any plans for (a) ministers and (b) official delegations to visit Qatar during the 2022 World Cup.

Question reference: S6W-11696

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 26 October 2022
Current Status: Answered by Mairi McAllan on 4 November 2022

To ask the Scottish Government, in relation to the Just Transition Commission report, Making the Future, which was published on 14 July 2022, what consideration it has given to the recommendations regarding the Land Reform Bill.

Making the Future contains two substantive references to the Land Reform Bill.

One (under “Strategic Priorities) welcomed the publication of the consultation on the Bill https://www.gov.scot/publications/land-reform-net-zero-nation-consultation-paper/ published 4 July 2022).

The second was a recommendation: that “An ambitious Land Reform Bill should tackle concentrations in ownership and enshrine transparency, equality and public good into the future of Scotland’s land use.”

The measures put forward in the consultation for inclusion in the Bill aim to achieve these objectives. They will do so within the context of Article A1P1 of the European Convention of Human Rights, and the devolved settlement.

The consultation closed on 30 October 2022. Responses to the consultation, and the views of the Just Transition Commission, will be carefully considered as the proposals set out are developed.

Question reference: S6W-11702

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 26 October 2022
Current Status: Answered by Maree Todd on 4 November 2022

To ask the Scottish Government what specialist person-centred support is available to help people with poor mental health to quit smoking, broken down by NHS board.

The Scottish Government does not currently hold information on cessation support services, available in each NHS board area. However, The Scottish Government are developing an expert group that will be reporting on smoking cessation services early next year. We are also committed to working with our NHS cessation coordinators and pharmacy colleagues across Scotland to refocus and remobilise these services to ensure we are reaching those in our communities who are in most need of support to quit.

In addition, we encourage anyone wishing to stop smoking to contact the free NHS stop smoking service: 'Quit Your Way Scotland' helpline on 0800 84 84 84 to speak to an advisor. Alternatively, local pharmacies can also offer a range of therapies and interventions to help quit tobacco products.

Question reference: S6W-11687

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 October 2022
Current Status: Answered by Mairi McAllan on 4 November 2022

To ask the Scottish Government what water monitoring is being done for potential emerging contaminants, including pharmaceuticals, and whether there will be additional funding to support this new area of research and monitoring.

The Scottish Government understands the important issue of emerging contaminates of concern and has been funding research in this area since 2016 through strategic research at the James Hutton Institute, the Centre of Expertise on Water (CREW), and the Hydro Nation Scholars programme. For example, these studies produced the first national assessment of pharmaceutical pollution in Scotland’s water environment, published in 2022, covering existing data on 60 pharmaceuticals between 2014 and 2019.

Building on the earlier studies described above, the Scottish Government continues to support active research, by investing £32m per year overall, under the current RESAS Strategic Research Programme 2022-2027, and the Centre of Expertise on Water. Current plans include work which will further develop the understanding of sources and levels of emerging contaminants in Scotland’s freshwaters and river sediments and recommend priorities and strategic approaches for future monitoring in Scotland.

The Scottish Environment Protection Agency (SEPA) is currently trialling a new water analysis technique and is considering which chemicals of emerging concern to Scotland’s environment should be built into its surveillance network. SEPA is working with various UK partner organisations to identify and prioritise chemicals of emerging concern in the environment.

For example, Scottish Water has worked in partnership with the SEPA for many years in the Chemical Investigation Programme (Scotland). Through environmental investigation this project identifies contaminants of concern, their sources and concentrations leaving the sewerage system and how they should be addressed in the most sustainable way.

Question reference: S6W-11688

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Monday, 24 October 2022
Current Status: Answered by Mairi McAllan on 4 November 2022

To ask the Scottish Government what changes to the funding for SEPA in relation to its role in water quality testing have there been in the last five years.

SEPA’s grant in aid funding from Scottish Government has increased over the last five-year period from £34,936,000 to £41,406,000. SEPA determine the amount of resources allocated to water quality testing through their Annual Operating Plan in each year in agreement with the Scottish Government

SEPA Grant in Aid Funding

£34,963,000 in 2018-19

£34,425,000 in 2019-20

£37,098,000 in 2020-21

£44,449,000 in 2021-22

£41,406,000 in 2022-23

Question reference: S6W-11681

Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 October 2022
Current Status: Answered by Keith Brown on 4 November 2022

To ask the Scottish Government what the average time taken was to complete the Fatal Accident Inquiries (FAIs) that ended in 2021-22, measured by the date on which a death was reported to the Procurator Fiscal to the date on which evidence concluded to the FAI.

The average length of time between date of death and FAI completion date in days is 1,067.

This figure is based on COPFS figures rather than the published FAI Statistics (the difference being that COPFS records the FAI as concluded when evidence is concluded, not when the Determination is issued) and accordingly it relates to 42 cases and not the 44 on the FAI statistics. Of those 42, the shortest length was 322 days and the longest 3,440 days. 32 out of the 42 (76%) of the FAIs related to deaths which occurred in 2018, 2019 and 2020. As stated above, once a First Notice has been lodged with the Sheriff Clerk, the Crown has limited control over the timescale for commencing and concluding an FAI.

Whilst it is accepted that the average timescale has increased, this can be explained by COPFS progressing its oldest cases and ensuring that the FAI process is commenced. It should also be recognised that FAIs have been progressed and concluded in 2021-22 and the preceding year notwithstanding the considerable effect on COPFS and court business placed by the COVID pandemic, including courts being closed for a number of months and thereafter a phased reintroduction of court business. Court users quickly and successfully adapted to new ways of working including the use of WebEx to conduct FAIs online to ensure cases were progressed.

Question reference: S6W-11684

Asked by: Russell Findlay, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 October 2022
Current Status: Answered by Keith Brown on 4 November 2022

To ask the Scottish Government what information it has regarding the existence and activities of a so-called "110 Overseas" centre in Glasgow, which, according to a report by the Spain-based human rights NGO, Safeguard Defenders, operates as a branch of the Chinese police service.

As the First Minister indicated in Parliament on 27 October, she was aware of the report and stated “that those reports are deeply concerning, and I want to be very clear that we take them extremely seriously. Any foreign country that operates in Scotland must abide by Scottish law. The Scottish Government fully supports individuals’ rights to freedom of expression, which is an extremely important principle".

The First Minister went on to say: "Obviously, those matters require to be fully and properly investigated. It would not be appropriate for me to go into too much detail, but I know, as a result of a conversation that I had yesterday with the Chief Constable, that the police are aware of those reports. Of course, the police are operationally independent, and it is up to them to determine what investigations would be appropriate. However, they are aware of those reports, and I repeat that those reports require to be treated extremely seriously.”

Question reference: S6W-11680

Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 21 October 2022
Current Status: Answered by Keith Brown on 4 November 2022

To ask the Scottish Government, of the 44 Fatal Accident Inquiries (FAIs) that ended during 2021-22, what five FAIs took the longest time period to conclude, broken down by the time taken for each.

In 2020-21 and 2021-22, over 15,000 deaths were reported to COPFS. This was a 40% increase from 2019/20. Notwithstanding this increase, in 2021-22 95% of deaths where no investigation was required were closed within 6 weeks of receipt of the death report, and 49% of deaths requiring further investigation were concluded within 12 weeks. Only a small proportion of reported deaths result in a Fatal Accident being held.

In relation to deaths which require further investigation, there are a number of factors which may influence when those investigations may be concluded and many are outwith the Crown’s control. These include the need to await the outcome of investigations by other reporting agencies, information from other public bodies and receipt of expert opinion. In addition, in some cases criminal proceedings require to be initiated and concluded before a decision can be taken on the holding of an FAI.

The lodging of a First Notice is the process by which the Crown will intimate that a FAI requires to be held. Thereafter, the Crown has limited control over the timescale for commencing and concluding the Inquiry. Matters such as the scope of the Inquiry and the evidence that requires to be led are ultimately for the presiding Sheriff to determine.

The following information relates to the five FAIs in 2021/22 which took the longest time to conclude:

NAME OF DECEASED	DATE OF DEATH	FIRST NOTICE LODGED	FAI EVIDENCE (DATE BEGAN/ CONCLUDED)	DETERMINATION DATE	ADDITIONAL INFORMATION
Pjero Kurida	10-6-12	5-1-21	6-10-21 - 10-11-21	18-2-22	Consideration required to be given to the possibility of criminal proceedings before a First Notice could be lodged with the Sheriff Clerk. The presiding Sheriff stated in the Determination that “I do not consider that the lapse of time will have affected any of the findings and recommendations set out in my determination”
Roderick MacLean	16-11-12	15-5-19	16-2-21 - 19-2-21	26-4-21	Criminal proceedings related to the circumstances surrounding the death required to be concluded before the FAI proceedings could be commenced. It had been intended that the Inquiry take place in May 2020 but there was an unavoidable delay due to the Covid pandemic, the closure of the court for some months and the phased reintroduction of business.
Leylan Forte	27-4-15	10-9-19	29-11-21 - 3-12-21	15-12-21	A First Notice was lodged in September 2019. A number of issues required to be resolved before the FAI could commence, including the scope of the Inquiry, the remit of expert witnesses and the areas that were capable of agreement. There was also a delay during much of 2020 when only essential court business was being conducted during lockdown.
James Kerr	30-4-15	16-7-20	8-2-21 - 23-3-21	26-4-21	The Sheriff’s Determination sets out the procedural history provided by the Crown: “following the receipt of the HSL and HSE reports in late 2015, there was a meeting between the Crown and the police at which the police were instructed to make certain further enquiries. Following the conclusion of those enquiries, a Standard Prosecution Report was submitted by the police to the Crown on 14 June 2016. Thereafter, consideration was given to potential criminal charges against certain participants in this Inquiry, and as a result there were discussions and correspondence between those parties and the Crown, as well as between the Crown, the police and the MCA. Crown Counsel initially issued an instruction on 18 December 2019 to the effect that no criminal proceedings should be raised and that a Fatal Accident Inquiry should be held. Following the engagement of the Victims’ Right to Review scheme, a final instruction from Crown Counsel was issued on 6 January 2020 confirming the initial instruction. Progress was then hampered by the start of the pandemic. The case had been complicated by a number of factors, including the complexity of the engineering aspects, but notwithstanding this the Crown accepted there had been an unsatisfactory degree of delay and expressed its regret for that delay. New case management procedures are now in place which should prevent similar delays in future”
William Black	26-1-16	21-12-20	24-5-21 - 7-6-21	5-8-21	Criminal proceedings related to the circumstances surrounding the death required to be concluded before an FAI could be held. In addition, following the conclusion of the criminal trial further enquiries required to be carried out before a decision could be taken as to whether an FAI still required to be held.

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