Seòmar agus comataidhean

Under Scots law, there are established legal avenues for addressing concerns arising from deaths in the prison estate.

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 requires a Fatal Accident Inquiry (FAI) to be held where the deceased was in legal custody at the time of death. This requirement arises unless the Lord Advocate is satisfied that the circumstances of the death have been sufficiently established during the course of another formal investigation, such as a criminal investigation. FAIs are designed to establish the circumstances of a death and to consider what steps might be taken to prevent other deaths in similar circumstances, including identifying any defects in systems or practices that contributed to the death.

Additionally, individuals employed by Crown bodies can be prosecuted for health and safety offences. There are also relevant statutory offences that could apply following a death in custody, most notably, corporate homicide under the UK-wide Corporate Manslaughter and Corporate Homicide Act 2007, for which the Scottish Ministers, via the Scottish Prison Service (SPS), could potentially be held criminally liable.

There are currently no plans to bring forward legislative proposals in this area given the existing Parliamentary timetable.

In consultation with the Lord Advocate, I have commissioned an independent review of the FAI system to focus on improving the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody. The review will also identify the specific barriers that families face in engaging with the process and propose concrete solutions to shortened timescales. From 7 April 2025 close family members who are involved in deaths in custody FAIs also now have access to non-means-tested legal aid.

The Arms' Length External Organisations (ALEO) should mirror the Local Authority’s asset transfer policy and act within the spirit of the law. In addition to those bodies listed in Schedule 3 of the Community Empowerment (Scotland) Act 2015, Scottish Ministers may by order designate other bodies as a relevant authority. If an ALEO meets the criteria in section 78(4) and (5) of the Act, it can be designated as a relevant authority by an order under section 78(3) but this would not amend schedule 3. As there is no prescribed process by which organisations are considered for designation, each one of Glasgow City Council's ALEOs would have to be considered on an individual basis.

The Parole Board for Scotland and officials at Community Justice Division initiated the redrafting of the memorandum of understanding/agreement in summer 2022. Protracted discussions and negotiations on the nature and detail of the document; and resource intensive pressures on both parties meant that delivery of the document took longer than anticipated. Agreement on the document had neared finalisation by the end of 2024, however sign-off and clearance by interested parties allowed for publication of the MOA to proceed into early 2025.

The Official Statistics on Recorded Crime in Scotland provide data on shoplifting and offences recorded under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021. The statistics include the number of crimes and offences recorded by the police, and the proportion cleared up (i.e. where there exists a sufficiency of evidence under Scots law to justify consideration of criminal proceedings against the suspected perpetrator). Information is not held centrally by the 8 Scottish Parliamentary regions, as these do not fully align with local authority boundaries (which form the basis of how data is received from Police Scotland).

Data on recorded shoplifting and the proportion of cases cleared up is available in the Recorded Crime in Scotland 2023-24 publication. The number of crimes recorded is available in Table 1 with the percentage of recorded crimes cleared up by the police in Table 3. Both of these tables include the latest 10 years of data.

The following tables show both the number of crimes and offences recorded and the proportion cleared up under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 Data is available from 24 August 2021 (the point from which the Act came into force).

Crimes of assault or threaten a retail worker recorded in 2021-22 to 2023-24

Responsibility for the delivery of education, including decisions on which courses are offered, is a matter for individual local authorities.

However, I understand that Education Scotland Attainment Advisors have been engaged with East Lothian Council and have confirmed that East Lothian schools will continue to offer a range of Advanced Higher courses in session 2025-2026, including Advanced Higher English.

The provision of Advanced Higher English will be determined on a school-by-school basis and schools will continue to work collaboratively to determine provision within the local authority.

Where schools are unable to provide a course offer, the Council has advised that they will draw on Edinburgh College or another course provider to support this. Alternatively, schools will work on a consortium model whereby young people may attend another high school within the region where a course is being offered.

We aim to enable better access to a range of services for older people as and when they need them. We want to ensure people are financially secure and supported as they age. This is why, in 2025-26 the Scottish Government has allocated over £15.4 million for the provision of free income maximisation support, welfare and debt advice.

Between Apr 24-Sep 24, investment from the Equalities and Human Rights Fund resulted in a total of 16,087 individuals helped directly with the provision of support, information and advice, with the Age Scotland Helpline providing £1,184,367 of income maximisation advice, with a further 1,039 organisations have also been supported via capacity building and information sharing.

We engage regularly with the Older People’s Strategic Action Forum on actions we take to support the needs of older people in Scotland.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

HMP Shotts was fully redeveloped and completed during 2013-14 at a cost of £93.1m. The establishment remains a valuable part of the SPS estate and delivers consistently high levels of care and support for those individuals who live there.

The land of the former prison site, which sits to the west of the current establishment, remains operational and is partly used for photovoltaic panels, reducing the establishment’s energy use.

SPS is currently in the process of assessing the future use of this area which includes methods to achieve a climate change journey to zero-direct emissions.

There are a number of factors that impact on how long it takes Social Security Scotland to make a decision on disability benefit applications, including the time taken to gather the supporting information required to make a decision on an application.

Social Security Scotland has a dedicated application route for terminally ill children and young people, and anyone in Scotland diagnosed with a terminal illness by their healthcare professional can apply for disability benefits under Special Rules for Terminal Illness. Published data shows that applications under the Special Rules for Terminal Illness are currently processed within three working days for Child Disability Payment and two working days for Adult Disability Payment.

The most recent official statistics for Child Disability Payment show Social Security Scotland has made decisions on new applications almost twice as fast as in the previous financial year: Social Security Scotland - Child Disability Payment: high level statistics to 31 December 2024.

The latest Adult Disability Payment official statistics publication shows Social Security Scotland has made faster decisions on applications over the last year, with average processing times decreasing significantly in the last ten months, when compared to the previous financial year: Social Security Scotland - Adult Disability Payment statistics to 31 January 2025

The site of the former Braehead Brickworks is within the operational land of the M8 M73 M74 Motorway Improvements Project and is maintained by the project contractor, Scottish Roads Partnership (SRP). SRP has no plans for the site.

Dallachy Airfield is currently owned and managed by Crown Estate Scotland rather than the Scottish Government. Currently, there are a number of commercial leases in place at the site.

Crown Estate Scotland has submitted a Call for Ideas representation to Moray Council Planning Department for the airfield to be allocated as Industrial and Green Energy development land, as part of the Moray Local Development Plan 2027.

The Scottish Government are checking and reviewing the ownership details used for this site as it appears on the Vacant and Derelict Land Register and will update the register with any changes in due course.