Chamber and committees

Methods and processes with respect to handling of data on non-crime hate incidents recorded by Police Scotland, is an operational matter for Police Scotland.

You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.

In the Interim guidance published for officers on the recording of Non-Crime Hate Incidents - Police Scotland published by Police Scotland on 9 May 2024, it explains that the alleged perpetrator would usually be recorded as the ‘other party’ (unless in exceptional circumstances where there is real risk of harm or future criminal offence). When asked at the Scottish Police Authority Board Meeting on Thursday 23 May 2024 if detail on the ‘other party’ would appear on a Disclosure check, Deputy Chief Constable Alan Spiers provided reassurance that it would not.

In rare cases, Disclosure Scotland may receive other relevant information (ORI) from relevant police forces (including forces in England, Wales and Northern Ireland) when someone applies to join the PVG scheme, the ongoing monitoring of scheme members, or for an enhanced disclosure check.

ORI is used across the UK, with the UK Government having their own guidance to the police for the handling and processing of non-crime hate incidents in relation to disclosure checks. ORI about the applicant or scheme member can only be provided where the chief officer of a relevant police force reasonably believes it is relevant for the specific purpose of the disclosure and ought to be included on the disclosure certificate. The inclusion of any information Scottish police may hold on an individual is a decision for Police Scotland to make with regard to the statutory Guidance for the Chief Constable of Police Scotland.

Disclosure Scotland staff do not have access to the database on which non-crime hate incidents are recorded.

The designation of a Hate Crime Advisor and Hate Crime Champion is an operational decision for Police Scotland, and the Scottish Government does not hold this information.

You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.

Any investigation into whether there has been any material effect to a Scottish resident’s circumstances due to alleged negligence or malice on the part of a public servant leading to public knowledge of a recorded non-crime hate incident, and related issues of potential liability, would be dealt with on a case by case basis.

A national pilot scheme is being developed for people seeking asylum not already eligible for free bus travel through the existing National Concessionary Travel Schemes.

This scheme will build on learning from local and regional pilots that have delivered free bus travel to people seeking asylum over recent years and will provide evidence on nationwide delivery, costs and demand.

A Working Group has been established with representatives from Transport Scotland, Third Sector organisations and those with lived experience of the asylum system. Work is progressing to establish what is affordable and practical for delivery during 2024-25 within the £2 million budget allocated.

The recording of non-crime hate incidents (NCHIs) is an operational matter for Police Scotland. This preserves the operational independence of Scotland’s criminal justice system and keeps it free from political interference.

You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.

The Scottish Government has not been the subject of any civil action in Scottish courts by a person in relation to them having a non-crime hate incident recorded against them.

Short-term let accommodation is an important part of the tourism economy, and I am grateful to the many thousands of operators who have applied for a licence which shows their businesses are of high quality and safety for visitors.

Our Business Regulatory Impact Assessment in 2019 was informed by available online listings data, I am pleased that we are now able to publish quarterly official statistics on application levels, reflecting the importance of formal monitoring of the size of the sector, and any trends in application data. I do not wish to see any operator leave the sector and I am aware of a range of factors, including the impact of the costs crisis that may be influencing business decisions.

Since the deadline for existing hosts in October 2023, myself and my officials have undertaken a range of engagement with stakeholders which will be used as part of ongoing monitoring, and I will provide an update to Parliament on the implementation of licensing in June this year.

The Scottish Government is opposed to the proposed changes to the Work Capability Assessments, these changes will lead to disabled people and those with long-term health conditions losing out financially and at risk of benefit sanctions. Under these reforms, Adult Disability Payment must continue to be treated on the same basis as Personal Independent Payment to allow clients in Scotland to access UC health element. We have sought and received assurances from the UK Government that this will continue in the immediate term, pending any future decisions about recommendations made by the independent Review of Adult Disability Payment. Scottish Government officials continue to work closely with UK Government officials to impact potential changes and to protect the interests of people receiving Adult Disability Payment.

Personal injury accidents occurred at the following time periods at A90 Toll of Birness between 1 January 2014 and 4 May 2024. Transport Scotland only holds accident information which is provided to us by Police Scotland. Transport Scotland does not hold information relating accidents or incidents not involving an injury.