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The total rolling stock (a) is currently 350 trains, made up of 1,039 carriages, leased by Abellio ScotRail. These operate around 2,000 weekday services, providing capacity (b) of 551,000 seats across the ScotRail network on a weekday basis. Saturday capacity is approximately 507,000 seats; Sunday capacity is approximately 295,000 seats.

The proposed May 2022 timetable, which is subject to review of consultation responses, would require approximately 593,000 seats per weekday, around a 17% increase on the current timetable. Sufficient rolling stock will be provided to deliver this.

Determinations by Sheriffs are a matter of judicial independence and it would not be appropriate for Scottish Government to comment on specific determinations or the approach of the judiciary in general. The Sheriff has heard the evidence and is the only one in a position to decide if recommendations are necessary. In individual cases, the Sheriff may conclude, given the particular circumstances, that no recommendation should be made.

Whilst statistical data in this report points to differences between Sheriffdoms in the rate of making findings, the report noted that ‘The numbers here are too small to assess statistical significance and therefore qualitative investigation will be a priority of future research.’

We welcome this future research and will give consideration to the findings.

As a Government, we take deaths in custody very seriously, which is why the former Cabinet Secretary for Justice asked the HM Chief Inspector of Prisons for Scotland to undertake two independent reviews on deaths in custody.

Fatal Accident Inquiries play a significant role in ensuring there are systems to safeguard and protect those held in legal custody. However, they are just one part of the system for scrutinising deaths in custody. In addition, the prison service, with the NHS and other relevant organisations, carry out a Death in Prison Learning Audit and Review meeting normally within 12 weeks of all deaths in custody. This provides a system for recording any learning and identified actions from individual incidents.

NHS Boards and Integration Authorities currently spend approximately £9.6 billion across community health and social care. Future year budgets will be determined by the relevant spending reviews and budget processes.

The 2021-22 Programme for Government sets out the Scottish Government's commitment to invest at least £500 million over the life of the Parliament to create a Whole Family Wellbeing Fund. We will work closely with The Promise and partners in local government and the third sector to develop the Wellbeing Fund, in line with outcomes from the forthcoming Scottish Budget.

The manufacturing facility in Machrihanish is a major asset to the local Kintyre area and should be fully active and providing valuable local employment. The majority of the workforce was made redundant throughout late 2019/early 2020 following a significant gap in the company’s order book (c90 employees). PACE support was provided to employees at that time. Only one employee remained onsite to manage the upkeep of the facility throughout 2020 until the company entered into administration on 8 September 2021.

As owners of the site Highlands & Islands Enterprise are a listed creditor of CS Wind in the administration process. They are therefore working closely with the administrators rather than the company, CS Wind.

The Inquiries into Fatal Accident and Sudden Deaths Act 2016 places a duty on a person to whom a sheriff’s recommendation is addressed to provide a response to the Scottish Courts and Tribunals Service within the period of 8 weeks after the respondent receives a copy of the determination.

The respondent must give the SCTS a response in writing either :

• setting out details of what the respondent has done or proposes to do in response to the recommendation, or
• if the respondent has not done, and does not intend to do, anything in response to the recommendation, the reasons for that.

The 2016 Act also place a duty on SCTS to publish responses to the recommendations set out in the determination.

Where a response is given the SCTS must

• publish the response in full,
• publish the response in part, together with a notice explaining that part of the response has been withheld from publication, or
• publish a notice explaining that the whole of the response is being withheld from publication.

The SCTS may withhold the whole of a response from publication only if representations are made to that effect. If no response is given by the end of the 8 week period the SCTS must publish notice of that fact.

Implementation of FAI recommendations are monitored by the annual statistics. The Scottish Parliament receives a copy of the report annually. All responses to recommendations are published and are in the public domain which includes respondents saying what has been done and if the answer is nothing, then explaining why.

The Scottish Government expects all public bodies to respond appropriately to the recommendations of a Fatal Accident Inquiry.

The benefits of the project, post Covid-19, remain the same in terms of delivering a carbon free journey for rail passengers along the entire length of the route and has been improved by the inclusion of a range of accessibility improvements at key stations. This includes a new station at Hairmyres which will also be an active travel and interchange hub.

This preferred option was recommended by and agreed with rail industry partners Network Rail and ScotRail following detailed consideration of a wide range of options, the business case appraisal of which has followed appropriate Scottish Government processes. This analysis took account of ScotRail’s pre-covid passenger count data and the industry’s forecasted post-Covid demand patterns, which the preferred combined electrified double and single track option will be able to serve fully and more reliably than the current diesel train operation.

The dataset which was used to advise of the number of fatal accident inquiry recommendations is the Fatal Accident Inquiry Report 2020-2021. The statistics that inform the report are compiled by Scottish Courts and Tribunals Service and confirmed with Crown Office and Procurator Fiscal Service.

The report was laid before the Scottish Parliament on 17 June 2021 and published on the Scottish Government website gov.scot.

Fatal Accident Inquiries (FAIs): statistics 2020-2021 - gov.scot (www.gov.scot)

The published information is set out below.

The statistics for the period 1 April 2020 to 31 March 2021 for Fatal Accident Inquiries under the 2016 Act are as follows.

• Number of FAIs that ended during the year: 61
• Number in which recommendations requiring a response were made: 8
• Number of such recommendations made: 18
• Number of such recommendations in relation which a response was received by SCTS under section 28(1): 17
• Number of such recommendations in relation to which a notice was published by SCTS under section 28(7) (signalling that no response was received): 1

All 2016 Act determinations, recommendations and responses are accessible from the Scottish Courts and Tribunals Service web portal at: http://www.scotcourts.gov.uk/the-courts/sheriff-court/fatal-accidents

The Scottish Courts and Tribunals Service received a response to 17 of the 18 recommendations (determinations) made by the Sheriff, within 8 weeks of publication of the determination, as per the statutory requirement.

The implementation of any recommendations made by the Sheriff is primarily the responsibility of the respective organisation at which the recommendation was aimed.

In 1 of the 18 determinations, no response was received by the Scottish Courts and Tribunals Service within the 8 week statutory period. The Scottish Courts and Tribunals Service published a notice under Section 28(7) of the 2016 Act to this end.

Any public sector financial/grant support received by CS Wind would have been provided by Highlands and Islands Enterprise (HIE). It would therefore be for them to undertake any such review.