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The Scottish Government welcomes the announcement from the UK Government on the ambition to develop an Action Plan on ME/Chronic Fatigue Syndrome (CFS), and fully supports its two core principles. We plan to work with the UK Government to explore areas of potential shared interest and learning, particularly in terms of research into ME/CFS.

We also welcome the National Institute for Health and Care Excellence (NICE) guideline for ME/CFS and are considering how best to review the existing Scottish guidance in light of this. On 12 May 2022, NICE published an implementation statement to support the implementation of the ME/CFS guideline. We intend to contact health boards in Scotland to raise awareness of the implementation statement and the key recommended changes to practice within the guideline.

We recently commissioned an external organisation to consult with the third sector, those with lived experience and clinical stakeholders to consider how we move forward in reviewing the existing Scottish guidance and on addressing priorities for service improvement in ME/CFS care. We will continue to work closely with stakeholders on how we progress the findings of this consultation and consider what other activity is required to support implementation of the NICE guideline recommendations.

Ministers were alerted to a decline in National Lottery ticket sales and to a consequent reduction in National Lottery good cause income in December 2016.

A mitigation strategy has been in place since October 2016 for a collaborative approach bringing together DCMS, the Gambling Commission, distributors and Camelot to address falling sales.

This includes Camelot undertaking a strategic review to return the lottery to growth; distributors promoting the link between National Lottery and Good cause projects; DCMS and the Gambling Commission are working with lottery distributors on potential levels of income if current trends continue.

Good cause returns for 2019-20 and for 2020-21 were better than expected and a total of £1,887 million was raised in 2020-21.

I refer the member to the answer to question S6W-08705 on 7 June 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 .

We have followed the recommendation of the UK National Screening Committee (UK NSC), an independent scientific body that advises all four UK nations on screening, that women between the ages of 50 and 70 should be invited for three yearly routine breast screening. That is because there is clear evidence of benefit from screening women of that age group. The UK NSC does not recommend that women over 71 are invited for breast screening because the same evidence of benefit does not yet exist.

Prior to COVID-19, women aged 71 and over had the option to self-refer because there was enough capacity to allow them to do so. While programme capacity remains challenging due to the impacts of COVID-19, there remains a pause on self-referrals for those over the age of 71 to allow appointments to be prioritised for the recommended screening population.

However, in recognition of the anxiety that the pause on self-referrals is causing, work is underway with the National Screening Oversight and the Scottish Breast Screening Programme Board to explore ways to restart the self-referral route by Autumn 2022, in a way that does not unduly impact screening of the eligible cohort.

We continue to emphasise that, regardless of their age, women should remain symptom aware and report any concerns to their GP immediately for these to be investigated and followed up as appropriate.

The Achievement of Curriculum for Excellence Levels publication provides information on the number of publicly funded school children in Primary 1, Primary 4, Primary 7 and Secondary 3 who have achieved the expected Curriculum for Excellence level in the literacy organisers (reading, writing and listening and talking) and numeracy.

Schools were closed in Scotland between March 2020 and the end of the academic year as a result of the pandemic meaning that they were closed on the date of 8 June 2020. It was concluded that it would not be possible to collect consistent data that was fit for purpose and that any attempt to do so would add considerably to other pressures on school and education authority staff. The decision was therefore taken to suspend the data collection in 2019-20.

The latest publication collected data for 2020-21 for Primary school (P1, P4 and P7) pupils only. Secondary school and special school data was not collected due to other pressures on these schools including implementation of the SQA National Qualifications Alternative Certification Model which was used to award National 5s, Highers and Advanced Highers in 2021.

The current intention is to collect all data– for Primary, Secondary and Special school pupils – in 2021-22, although this will be kept under review.

The latest information on Reading can be found at the following table and the link provided:

Achievement of Curriculum for Excellence (CfE) Levels 2020-21 - gov.scot (www.gov.scot)

On 26 April the Scottish Information Commissioner issued a decision notice (048/2022) requiring the disclosure of certain information about legal advice on the topic of a second independence referendum. The information had been withheld by the Scottish Government in response to a Freedom of Information request as it considered that the Government should have been able to receive the advice in confidence under “legal professional privilege”. The Commissioner, in responding to an appeal from the requester, took a different view - that considerations favouring release in this case outweighed those for maintaining legal professional privilege.

The Scottish Government has considered the Commissioner’s decision carefully.

There is a longstanding convention, observed by Scottish, UK and other governments, that government does not disclose legal advice except in exceptional circumstances. This convention, which is reflected in the Scottish Ministerial Code, is intended to ensure that full and frank legal advice can be taken by governments, just as other organisations and individuals can take legal advice in confidence and subject to legal professional privilege.

The convention is also reflected in the Freedom of Information (Scotland) Act 2002, section 36 of which makes such information exempt from release to the extent that the public interest in disclosing the information is outweighed by the public interest in maintaining the exemption. It is on the applicability of this section of the FOI legislation that the Commissioner has come to a different view from the Scottish Government.

The Scottish Government considers that the convention on legal advice is important for ensuring good government. It disagrees strongly with the Commissioner’s reasoning in his decision and considers that there are good grounds for a successful appeal to the Court of Session to challenge the Commissioner’s ruling.

However, we have also taken account of the fact that the material covered by this Decision dates from 2020 and relates to proposed government actions that have since been taken forward and on which the legal position can therefore already be assumed. The Government has therefore concluded, on the particular circumstances of this case only, that the time and expense required for an appeal would not be merited, and that it will release and publish the information concerned.

It should be stressed, however, that the Scottish Government’s publication of the material in this case does not set any precedent for its position on releasing any other information that is subject to legal professional privilege, including in response to any other Freedom of Information request. Nor does the Information Commissioner Decision represent a binding legal precedent. The Government will therefore continue to apply the relevant exemptions, in line with the public interest test, as set out in the Freedom of Information (Scotland) Act 2002 and to follow the Scottish Ministerial Code in relation to legal advice, including in relation to material related to a referendum. The Government also reserves the right to appeal future Information Commissioner decisions to the Court of Session if it considers that appropriate in the circumstances.

Now that the Public Inquiry is complete Scottish Ministers are considering the terms of the report received on 18 February 2022 and should be in a position to make a decision in due course.

In the period between 2012 and 2021 there have been 72,683 hernia mesh repairs. Rectopexy mesh analysis is not currently produced. Public Health Scotland are in the process of developing the correct codes to use for future analysis.

Local authorities across Scotland have a range of approaches to the provision of technology in schools, including some councils who have undertaken to provide cohorts of their school population with devices using their own budgets.

The latest information we have from councils indicates that almost 280,000 devices have been, or are in the process of being, rolled out to learners across Scotland. This includes the 72,000 provided as a result of Scottish Government funding. We do not have additional information regarding device rollout in either South Ayrshire or East Ayrshire beyond that included in the answer to S6W-06933.

Independent Licensing Boards in Scotland can grant general extensions of licensed hours if they consider it appropriate to do so in connection with a special event of local or national significance – as was the case during the Queen’s 60 th Jubilee celebrations in 2012. Whilst these are matters for Licensing Boards in their areas, the Scottish Government is supportive of Licensing Boards having these powers. It is worth emphasising the local decision making powers in this area, the Scottish Ministers do not have a power to grant a general extension of licensed hours, unlike the Home Secretary under the England and Wales licensing regime.