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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 retention or otherwise of Crown immunity from prosecution under the Health and Safety at Work etc. Act 1974 is a reserved matter for the UK Government. The Scottish Government is committed to working with the UK Government on the removal of corporate Crown immunity from prosecution, under the Health and Safety at Work etc. Act 1974.

I recently wrote to the Secretary of State for Justice asking to meeting, with this being one of the several agenda items for discussion. The Secretary of State for Justice has now responded and a meeting will be held in due course.

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

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.

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.

The Scottish Government currently own 22 properties under the core estate.

Scottish Government continues to work with local authorities and the independent sector to understand the impact of the UK Government policy on Scottish schools to date. Scottish Ministers have received assurance from local authorities that they have the capacity to support increased school rolls.

The distribution methodology for calculating the block grant is agreed with local authorities and is informed by a number of indicators, including pupil numbers from the latest annual school census.

It is not appropriate to undertake such analysis given Scottish and rUK education systems are not comparable due to several key reasons, including but not limited to:

The Scottish Government is committed to working collaboratively with stakeholders across the public, third, and independent sectors to support individuals affected by hearing loss and cognitive decline.

The Scottish Government’s 2023 Dementia Strategy for Scotland was developed in collaboration with people with sensory loss including from the deaf community, and commits to improving people's experience through timely diagnosis, access to high-quality support and how we can communicate risk factors around cognitive decline and dementia. Since 2020, the Scottish Government has invested around £1.5m to:

• Support the establishment of Brain Health Scotland to promote brain health and dementia risk awareness (in partnership with Alzheimer Scotland)
• Develop and evaluate a Brain Health Service & Clinic test site in Aberdeen, to learn about what such a service can contribute to people's health and wellbeing.

As part of our commitments to deliver the national Dementia Strategy, we will publish an independent evaluation of the Brain Health Service & Clinic test site this year, as well as establish a working group across Scottish Government focused on understanding the implications of the test site, and brain health overall, for how we provide health and social care.

Patients who are not registered with a dentist can access emergency and urgent dental care via the Public Dental Service.

The Scottish Government also has a range of programmes to support those in vulnerable groups to maintain and improve their oral health:

• 'Childsmile' our flagship programme designed to reduce oral health inequalities and improve oral health among children;
• 'Caring For Smiles' for dependent older people over 65;
• 'Smile4Life' for people experiencing homelessness;
• 'Mouth Matters' for people with experience of the justice system;
• 'Open Wide' for adults between 16-64 years of age with additional care needs.

More information on our oral health improvement programmes is available online at: Oral Health Improvement – Scottish Dental