Seòmar agus comataidhean

The costs incurred in this legal challenge are the necessary price of protecting democracy and devolution in Scotland. On 19 April 2023 I undertook to publish the costs of this action once it is completed, and as the member will be aware the substantive hearing in this case was held in the Court of Session earlier this week. In the spirit of transparency and accountability we will publish the costs accrued by the Scottish Government, up to and including those associated with this week's hearing, once they are available.

Bereaved families should not have to wait this time to receive final confirmation of the cause of death of a loved one, and this is not a situation which COPFS endorses. It is imperative that this information is provided as soon as possible, as these delays simply compound distress and anxiety.

The current delays relate to the time taken to receive toxicology analysis to assist pathologists in the preparation of the final post mortem report.

Given previous concerns about toxicology analysis times, the service covering most of Scotland transferred to the Scottish Police Authority on 1 December 2022 following substantial investment by the Scottish Government. Although the initial timescale for a new laboratory being fully operational was the first quarter of 2023, this was impacted by a combination of factors including a water contamination problem that shut the laboratory down for two weeks, as well as the time required for the new equipment in the lab to be calibrated, and testing methods verified. These are matters outwith COPFS control.

There has therefore been a disappointing but unavoidable knock-on effect on the completion of toxicology analysis, and thereafter submission to COPFS of final post mortem reports from pathologists. Additionally, a significant increase in deaths being reported to COPFS compared to pre-pandemic levels has resulted in a corresponding increase in instructed post mortem examinations. This has also impacted on how quickly post mortem reports can be completed.

Every effort is being made by COPFS, the Scottish Police Authority and pathologists working together across Scotland to reduce the time taken to provide final reports to families. I have been assured that the laboratory has been fully operational since the end of May 2023. The analysis backlogs which built up over the course of this year are being addressed as a priority by the toxicologists, who advise that by November 2023 the average time for analysis to be completed and submitted to the pathologist for a non-suspicious death will be 5 weeks.

COPFS has also allocated additional resource internally to process this year's backlog of final post mortem reports as they are received from pathologists, to seek to reduce the lengthy delays being experienced.

The following table sets out the number of accused receiving a direct measure as a first substantive marking compared to the total number of accused receiving a first substantive marking (all types including: court, direct measure, no action, no decision) in cases including an assault charge (within the Scottish Government Classification of “Common Assault”):

The following table sets out the total number of accused reported to Ayr Procurator Fiscal Office receiving a first substantive marking of a fiscal fine in each of the last 5 years.

Prosecutors do not always choose to mark a case for no action, they may require to do so if there is not sufficient admissible evidence available in law to justify prosecutorial action or where the statutory time limits have been exceeded.

The following table sets out the total number of criminal cases in which no action was taken by the prosecutor at a) Ayr and b) Kilmarnock in each of the last 5 years.

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

Serco who currently operates HMP Kilmarnock are not contractually obliged to install Body Worn Video Cameras (BWVCs). There are currently no plans to retain BWVCs currently in use by Officers at HMP Kilmarnock, post-transfer in March 2024.

The feasibility of a pilot to test the introduction of BWVCs across the SPS estate is however being considered in partnership with Trade Union Partners.

Specific data on job creation is not collected. Over the past ten years, the estimated numbers of manufacturing jobs in Scotland, rounded to the nearest 1,000, were as follows:

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

I refer the member to the answer to question S6W-21088 on 21 September 2023. 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 2023-24 Programme for Government and Pay Strategy maintains our commitment to a four-day working week public sector pilot to assess environmental, health and wellbeing benefits and productivity gains this could bring.

The pilot and the concluding report will ensure meaningful insights are gained on the benefits and risks of a four-day working week approach.

We are currently seeking an expert partner organisation to support pilot participants, assist with the pilot design and produce an evaluation report. The work of the expert partner organisation will define the framework to judge the effectiveness of the public sector four-day working week pilot proposal.

This issue affects a range of sectors, including hospitality. We recognise that delivering affordable housing in rural areas presents different challenges. We are committed to delivering 110,000 affordable homes by 2032, of which 10% will be in our remote, rural and island communities, and are making available £3.5 billion this Parliament for affordable housing across Scotland. We will publish a Rural and Islands Housing Action Plan this autumn to help retain and attract people in rural and island communities – making available up to £25 million through our Affordable Housing Supply Programme over the period 2023-2028 to deliver homes for key workers in rural communities.

Our short-term lets regulations, including control areas, give local authorities the powers to manage high numbers of short-term lets, and our consultation on second and empty homes invites views on local taxation and existing housing to inform policy development to ensure sufficient, safe and secure housing stock.

We are also working to explore solutions to staff shortages in collaboration with the sector, through our Tourism and Hospitality Industry Leadership Group.