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Civil solicitors have always covered a wide geographical area. The location of firms does not appear to support the assertion that advice is not available. Unlike in other jurisdictions, the Scottish Government has maintained wide access to legal aid for civil law issues. In addition to the availability of legal aid for private legal firms, we also fund a number of law centres who provide advice and representation on issues not normally dealt with by commercial firms, as well as localised advice providers who are supported by grant funding from the legal aid fund. We also fund public legal services through the Civil Legal Assistance Office. All of these services can and do operate across a wide geographic area.

SEPA continues to monitor ongoing environmental risks at the site and completed its latest survey in August 2022. This found no significant increasing trends associated with the migration of landfill gas or impact to groundwater from leachate.

SEPA publishes monitoring updates and the latest update (August 2022) will be available shortly here: Tarbolton Moss Landfill | Scottish Environment Protection Agency (SEPA)

The Scottish Government has made funding available to support public partners to implement the first phase of works at Tarbolton. In July, SEPA commissioned work, which was successfully completed, to remove Giant Hogweed from the site. We are working with public partners to begin work to implement leachate management as soon as possible. In order to move forward with this work, we are seeking to address complex legal issues associated with the ownerless status of the site.

With funding from the Scottish Government, in December 2021, SEPA contracted an environmental consultant to manage the construction of a leachate management system at the former landfill site at Tarbolton Moss, to prevent the ongoing discharges of landfill leachate to neighbouring watercourses and make it possible for leachate disposal to the public sewerage system. The design phase is now complete. As the answer to S6W-11600 on the 4 November 2022 updates, we are working with public partners to begin work to implement leachate management as soon as possible. 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 .

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.

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:

I refer the member to the answer to question S6W-11684 on‎ 4 November 2022. 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

The Scottish Government provides annual funding to Police Scotland and the Scottish Fire and Rescue Service (SFRS). It is a matter for the Chief Constable and the Chief Fire Officer to determine the most appropriate allocation of resources and operational approach to preparing for, and responding to incidents during, bonfire night.

Since 2018 Operation Moonbeam has been the national multi-agency response to the bonfire night period. The well-established operation is running again this year, with the planning and preparation involving Police Scotland, SFRS, local authorities, COSLA, Scottish Community Safety Network, Scottish Ambulance Service, British Fireworks Association and Trading Standards. The Scottish Government has engaged with senior officers from Police Scotland and SFRS who have advised that robust multi-agency systems are in place again this year.

In terms of legislative change, on 10 October two key measures of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 came into force – a proxy purchase and supply offence criminalising people who purchase fireworks for, or make fireworks available to, under 18s; and a statutory aggravation for attacks against emergency workers involving fireworks and pyrotechnic articles. The statutory aggravation requires courts to take this into account when determining the most appropriate sentence. This provides an important reassurance to emergency workers that the Scottish Government is committed to such behaviour being firmly addressed.

The Scottish Government is aware that those experiencing poor mental health are more likely to smoke, and to smoke more, than those with good mental health. Reducing the inequalities caused by higher rates of tobacco use among this group is an important area of consideration and one is being looked as part of our revised Tobacco Action Plan due to be published in Autumn 2023.

Our vision is to have a Tobacco-Free Scotland through lowering smoking rates in our communities to below 5% by 2034 and to create a generation of young people who do not want to smoke, with all the health and economic benefits that follow. We 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.

Work is also ongoing to develop a new Mental Health and Wellbeing Strategy. We have received a broad range of evidence and views through our engagement to date, including through our public consultation, which closed on 9 September and received around 500 responses. These will be carefully considered over the coming months as we continue our work with stakeholders to shape the Strategy and Delivery Plan.

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.