- Asked by: Fiona Hyslop, MSP for Linlithgow, Scottish National Party
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Date lodged: Tuesday, 22 November 2022
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Current Status:
Answered by Keith Brown on 7 December 2022
To ask the Scottish Government whether deliberate non-payment of child maintenance is being recognised within the justice system as financial abuse based on the definition of the statutory offence of domestic abuse set out in the Domestic Abuse (Scotland) Act 2018; if so, to what extent this is being prosecuted, and, if not, what action it can take to ensure that it is recognised as abuse.
Answer
The Domestic Abuse (Scotland) Act 2018 provides for an offence of abuse of a partner or ex-partner which criminalises psychological, as well as physical, abuse. The definition of abuse includes a course of behaviour which is abusive and which has as its purpose, or which a reasonable person would think would be likely to have the effect of:
- depriving the victim of, or restricting the victim's freedom of action; or
- making the victim dependent on or subordinate to, the perpetrator
As such, depending on the facts and circumstances of the case, the offence can be used to prosecute financial abuse. This could include cases where, as part of a course of abusive behaviour, the perpetrator deliberately withholds child maintenance payments from their ex-partner.
Decisions about what conduct is charged as an offence of abuse of a partner or ex-partner are a matter for the Crown Office and Procurator Fiscal Service, taking account of all the facts and circumstances of the particular case. The Scottish Government does not hold information about the details of individual charges and as such, it is not possible to say whether and to what extent deliberate non-payment of child maintenance has formed part of a charge for this offence.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Submitting member has a registered interest.
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Date lodged: Monday, 28 November 2022
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Current Status:
Answered by Kevin Stewart on 7 December 2022
To ask the Scottish Government, further to the answer to S6W-12102 by Kevin Stewart on 16 November 2022, how much in surplus COVID-19 reserves it has recouped from Integration Joint Boards to date.
Answer
With reference to S6W-12070 on 16 November 2022, we continue to work with IJBs to understand their financial forecasts. Therefore, no COVID-19 reserves have been recouped to date.
Further detail will be communicated later in the financial year at an IJB level and the process and timetable will follow through further communications.
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: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 28 November 2022
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Current Status:
Answered by Kevin Stewart on 7 December 2022
To ask the Scottish Government, further to the answer to S6W-12102 by Kevin Stewart on 16 November 2022, whether any Integration Joint Boards (IJB) have not returned any surplus COVID-19 reserves in the current financial year, and, if so, whether it will list (a) each IJB and (b) the reasons for which it has not returned any such surplus.
Answer
With reference to S6W-12408 on 7 December 2022, no COVID-19 reserves have been recouped to date. Work is on-going, with IJBs, to understand their financial forecasts.
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: Sarah Boyack, MSP for Lothian, Scottish Labour
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Date lodged: Wednesday, 23 November 2022
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Current Status:
Answered by Clare Haughey on 7 December 2022
To ask the Scottish Government what progress it has made on implementing the recommendations of the National Review of Care Allowances.
Answer
The Scottish Government continues to work closely with COSLA to find a way forward on the introduction of a Scottish Recommended Allowance for foster and kinship carers.
This will improve consistency and transparency for looked-after children, their families and their carers across Scotland.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 28 November 2022
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Current Status:
Answered by Keith Brown on 7 December 2022
To ask the Scottish Government whether it will provide an update on the current (a) timescales, (b) plans and (c) legislative changes it plans to propose to reform the dual role of the Lord Advocate, in their capacity as head of the Crown Office and Procurator Fiscal Service and as a minister in the Scottish Government and its principal legal adviser, in line with its commitments to do so.
Answer
The Programme for Government published in September 2021 covered this Parliamentary session running up to March 2026. Within it, there is a commitment as follows:
'The Scottish Government’s law officers, amongst other roles, act as the head of the independent prosecution service and as members of the Scottish Government. We will consult on whether the prosecution and government functions of the law officers should be separated.'
Work is continuing to progress towards a Scottish Government consultation. Development of the consultation will be informed by an initial phase of expert research, which is currently underway. This research will ensure a detailed baseline understanding of the many distinct roles and functions of the Law Officers and will provide information on how the functions of Law Officers operate in other countries.
- Asked by: Liz Smith, MSP for Mid Scotland and Fife, Scottish Conservative and Unionist Party
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Date lodged: Monday, 28 November 2022
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Current Status:
Answered by Jenny Gilruth on 7 December 2022
To ask the Scottish Government what the reasons are for the reported removal of average speed cameras on the A9 between the Keir and Broxden roundabouts.
Answer
Road safety is of paramount importance to the Scottish Government and the average speed camera system deployed on the A9 between Dunblane and Inverness plays an important role in encouraging good driver behaviour and compliance with the speed limit.
There are no plans to remove the safety cameras between Keir and Broxden roundabouts.
- Asked by: Gillian Mackay, MSP for Central Scotland, Scottish Green Party
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Date lodged: Friday, 25 November 2022
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Current Status:
Answered by Maree Todd on 7 December 2022
To ask the Scottish Government whether it will support the introduction of a SIGN guideline on Huntington’s disease by working with NICE and the UK and devolved governments and agencies in order to share expertise and contribute to UK-wide coverage tailored to each health and social care system.
Answer
SIGN guidelines are produced by Health Improvement Scotland’s (HIS) evidence directory and we understand there are no plans by HIS to publish a SIGN guideline on Huntington’s Disease at present.
SIGN guidelines are produced in collaboration with clinicians, other health and social care professionals, patient organisations and individuals. The prioritisation and development of SIGN guidelines is evidence based.
The member may find it helpful to view the documents contained on the evidence page of HIS’s website: Evidence: Advice, guidance and intelligence (healthcareimprovementscotland.org) , which provides information and guidance on how requests for the development of guidelines are assessed, and how and evidence-based decisions are made.
Any group or individual in Scotland can propose a guideline topic to SIGN and SIGN welcome requests to provide evidence or analysis on clinical issues regarding Huntington’s Disease care.
- Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
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Date lodged: Friday, 25 November 2022
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Current Status:
Answered by Keith Brown on 7 December 2022
To ask the Scottish Government what its response is to the number of recorded sexual crimes having almost doubled since 2012, as set out in the publication, Recorded Crime in Scotland 2021-22, and what actions are being taken to address this.
Answer
The increase in recorded sexual offences is not unique to Scotland but is part of a global trend. Multiple factors appear to have contributed to this rise including increased reporting of historical offences. Some of this increase is also attributable to greater recognition of online sexual offending driven in part by action we have taken to outlaw new forms of harmful sexual behaviour such as non-consensual disclosure of an intimate image or film.
We will continue to prioritise support for victims of sexual crime, as well as work to identify ways to prevent such offending through the implementation of our Equally Safe strategy. We recognise that sexual offences are particularly traumatising for victims and have invested significantly to improve support for survivors. That is why our Delivering Equally Safe fund is providing approximately £9.5m in funding to support survivors of rape and sexual assault and we are also investing an extra £6m over the next three years in Rape Crisis Scotland’s National Advocacy Project to fund a key support worker in every centre in Scotland.
We know that there is more we can do to ensure that Scotland’s justice system is one in which the victims of serious sexual offences can have confidence. We are considering the recommendations made by the Lady Dorrian Review into improving the Management of Sexual Offence Cases and, through our recent Consultation and cross-sector engagement, are exploring in detail if and how these recommendations can be implemented.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 24 November 2022
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Current Status:
Answered by Keith Brown on 7 December 2022
To ask the Scottish Government how many failures to comply with property factor enforcement orders have subsequently been complied with as a direct result of follow-up action taken by the police in each of the last five years.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who will reply in writing within 20 days .
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 24 November 2022
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Current Status:
Answered by Keith Brown on 7 December 2022
To ask the Scottish Government how many failures to comply with property factor enforcement orders have subsequently been complied with as a direct result of follow-up action taken by the Scottish Ministers in each of the last five years.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who will reply in writing within 20 days .