Chamber and committees

We are continuing to engage with Vestas around potential investment into Scotland. Most recently, the First Minister met with the CEO of Vestas on 3 April 2024. Throughout our engagement with Vestas it has continued to emphasise its commitment to Scotland.

Our fast-growing offshore wind industry provides us with significant opportunities to attract inward investment, generate green jobs and grow our regional and national economies.

We are taking a “Team Scotland” approach across the public sector when engaging with companies such as Vestas to ensure we maximise investment opportunities.

And we are investing up to £500 million over 5 years to anchor the offshore wind supply chain in Scotland and maximise the economic benefits the sector can bring.

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

Those individuals with an Order for Lifelong Restriction (OLR) have a risk management plan (RMP) that is approved by the Risk Management Authority (RMA).

Within this RMP there are strategies identify for intervention which aims to target and reduce risk factors associated with that individual’s offending/harmful behaviour. Where an offending behaviour programme is identified as being appropriate, individuals are placed on a national waiting list which prioritises individuals based on their critical dates.

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

OLRs are subject to an annual review of their LSCMI risk assessment which is carried out by Prison Based Social Work (PBSW). In addition to this, each OLR has a Risk Management Plan (RMP), which is largely part of the risk assessment prepared for the courts and updated at significant points of change during their sentence.

In 2023 there were 40 RMPs revised for OLRs and 10 revised thus far in 2024. SPS currently do not hold data on the number of OLRs whose LSCMIs have been updated within the past year.

The Save a Life for Scotland (SALFS) Partnership support defibrillator awareness inclusion in CPR training sessions. More information on CPR training provided in Scotland can be found here: Learn CPR - Save a Life for Scotland .

The Scottish Government published Out-of-Hospital Cardiac Arrest: guide to public access defibrillators - gov.scot (www.gov.scot) in March 2018. The guide provides practical advice to those considering a purchase and installation of a defibrillator including information on safety and maintenance checks (page 3).

In order to maximise defibrillator availability, they are usually best mounted on the outside of buildings and placed in unlocked cabinets.

We accept that it is likely that locking defibrillator cabinets introduces an additional delay for bystanders attempting to retrieve a defibrillator and lowers the likelihood of successful application prior to arrival of emergency services.

It is the decision of the defibrillator guardian whether to place their device in a locked or unlocked cabinet. There is limited evidence as to whether using locked cabinets will affect the likelihood of vandalism, however, we understand that communities who fundraise to purchase and place a defibrillator wish to safeguard this important investment. The British Heart Foundation has helpful information online your-guide-to-being-a-defib-guardian.pdf (bhf.org.uk) about being a defibrillator guardian and steps individuals can take to look after their device.

If guardians do purchase a locked cabinet, it is vital to ensure that the local ambulance service knows the access code, and this can be supported by registering the defibrillator on The Circuit - the national defibrillator network .

The Scottish Government funding for active travel projects is not allocated based on STPR2 recommendation delivered. We fund a range of projects throughout Scotland that deliver on recommendation 3 of the second Strategic Transport Projects Review (STPR2) to connect villages to towns by active travel. This includes funding for the National Cycle Network programme, investment in active travel infrastructure on the trunk road network, and funding provided to local authorities via the Sustrans Places for Everyone programme and the new Active Travel Infrastructure fund, and directly through the Cycling Walking Safer Routes (CWSR) grant.

Disclosing or threatening to disclose sexually explicit 'deepfake' images, including by publishing them on the internet, is covered by the offence of 'disclosing or threatening to disclose an intimate image' at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

The Scottish Government is aware that the UK Government has announced that it will amend the Criminal Justice Bill to criminalise the making of sexually explicit 'deepfake' images without consent. We will carefully consider the amendment.

Depending on the facts and circumstances of the particular case, there are a range of offences that may be used to prosecute cases where someone publishes, sells or distributes sexually explicit images of a person without their consent.

In particular, the offence of disclosing or threatening to disclose an intimate photograph or film at section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 can be used to prosecute such behaviour where the disclosure, or threat to disclose the image, would be likely to cause a person featured in the image to suffer fear, alarm or distress, and the accused either intended to cause such an effect or else was reckless as to whether their behaviour would be likely to have such an effect on the victim.

The offence provides that a person is in an 'intimate situation' if the person is engaging or participating in or present during an act which a reasonable person would consider to be a sexual act which is not of a kind ordinarily done in public, or the person's genitals, buttocks or breasts are exposed or covered only in underwear. Specifically, the offence provides that a photograph or film includes any material originally captured by photography or by making a recording of a moving image, whether or not it has been altered in any way. As such, the offence applies in respect of images that have been digitally manipulated so as to appear to depict a person as being in an intimate situation even if the original photograph does not do so.

Other offences which may be relevant include the offence of threatening or abusive behaviour at section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 and, where the images are published or shared via the internet, the offence of abuse of a public electronic communications network at section 127 of the Communications Act 2003.

As the legislation does not explicitly distinguish between manipulated and unmanipulated photographs or films, it is not possible to separately identify cases relating to the disclosure of so-called 'deepfake' images.

It is an independent operational matter for Police Scotland to enforce criminal law and it is an independent operational matter for Crown Office to make decisions in respect of prosecutions.

Regulation of the internet is a reserved matter falling to the UK Government and Parliament. Within that context, the Scottish Government engages with the UK Government and Ofcom, the new online safety regulator, on the implementation of the UK Government Online Safety Act in Scotland to address illegal and harmful material on the internet.

Decisions about operational policing priorities are a matter for Police Scotland, which is operationally independent of the Scottish Ministers. Where alleged criminal activity relating to intimate image abuse, including where this involves 'deepfakes', is reported to Police Scotland, they will investigate with a view to determining whether there is sufficient evidence to report to Crown Office for consideration of prosecution.

In 2023, Police Scotland undertook a 4-week online child sexual abuse and exploitation media campaign targeting sexual predators who groom and abuse children online, including through use of sexually explicit 'deepfake' images. Police Scotland's Cyberharm Prevention Team are also undertaking a National "sextortion" Prevention Campaign aimed at education and support for those affected by crimes of extortion, including people affected by "deepfake" images.

In terms of resources allocated to education and prevention, school pupils learn how to conduct online relationships safely and understand the risks and consequences of sharing intimate images. The Scottish Government's Gender-Based Violence in School Guidance makes clear that this includes non-consensual sharing of sexual images or threatening to do so.

The Scottish Government also funds Education Scotland to coordinate the Mentors in Violence Prevention programme, focussed on challenging attitudes underpinning gender-based violence, and supports schools to access Rape Crisis Scotland's National Sexual Violence Prevention programme.

STPR2 is a national appraisal and identifies recommendations to be delivered over the long term. The delivery of the recommendations is subject to the funding allocations agreed by Parliament each year through the annual budget process.

In the case of Recommendation 3, which focuses on village-town active travel connections, investment will likely be phased over numerous years. Currently, projects are identified by local authorities and regional partners who then apply for funding through the Sustrans Places for Everyone programme, the new Active Travel Infrastructure fund, and directly through the Cycling Walking Safer Routes (CWSR) grant.

In the case of the Active Travel Infrastructure Fund, we accept proposals for funding the construction of various types of active travel interventions, which can include village-town active travel connections.

The assessment and prioritisation of projects considers a multi- criteria approach and includes two main factors: the impact they achieve and the deliverability of the project. Some of the factors considered in the prioritisation of projects are: potential for mode shift; the quality of proposed infrastructure; safety and security; integration with existing active travel infrastructure and/or public transport; impact on the most deprived 20% of communities; impact on community severance; access to schools; access to employment; access to other locations and value for money.