Questions and answers

Question reference: S6W-38154

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angela Constance on 26 June 2025

To ask the Scottish Government whether it plans to introduce any measures to ensure that female prisoners are not subjected to any unwanted sexual advances from biological males housed in the same facility.

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

The SPS Policy for the Management of Transgender People in Custody makes it clear that if a transgender woman presents a risk of harm against women and girls, that they will be accommodated in a male establishment.

Any suspected breaches of discipline such as inappropriate behaviours, will be managed in accordance with Schedule 1 of the Prison and Young Offenders Rules (Scotland) 2011. Breaches of discipline include, but are not limited to:

4 – uses threatening words or behaviour

5 – commits any indecent or obscene act

13 – disobeys or fails to comply with any rule, direction or regulation applying to a prisoner

31 – attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit, any of the foregoing breaches.

Restrictions may then be applied to individuals such as removal from association or activities in order to provide a safe and secure environment for everyone living in prisons.

Question reference: S6W-38155

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angela Constance on 26 June 2025

To ask the Scottish Government how it plans to reconcile the Supreme Court's ruling in For Women Scotland Ltd v The Scottish Ministers with its current policies on housing trans-identifying male prisoners in female prisons.

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 the question S6W-38153 on 26 June 2025. 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

Question reference: S6W-38153

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 12 June 2025
Current Status: Answered by Angela Constance on 26 June 2025

To ask the Scottish Government what its current approach is to trans-identifying male prisoners, and what its position is on whether its approach aligns with its commitment to women's rights.

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

As defined in the SPS Management of Transgender People in Custody 2023, SPS manage transgender individuals in our custody using a rights-based approach, whilst ensuring that no transgender woman with a history of violence against women and girls, who presents a risk to women, will be placed in the female estate.

SPS’ Women’s Strategy also recognises the rights of women, by promoting therapeutic and trauma informed environments that recognise the individual past experiences of women and their specific needs.

Like many public services, SPS is currently reviewing its policies and practices to consider the impacts of the Supreme Court judgement. We will work to ensure that our policies or practices that are impacted comply with the outcome of the judgement and the Equality and Human Rights Commission’s revised Code of Practice, when published, ensuring compliance with the law.

Scottish Government’s Short Life Working Group will also support SPS to take the necessary steps when the Code is published.

Question reference: S6W-35470

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2025
Current Status: Answered by Jenni Minto on 3 June 2025

To ask the Scottish Government whether it plans to issue guidance to the management of NHS boards regarding improving safety in hospitals and minimising any risk of sexual assault, and if this is the case, whether such guidance will address (a) preventative practices and (b) how to improve management policies and staff guidelines, and how it monitors the effectiveness of any measures put in place to protect patients and staff.

The Scottish Government expects all NHS Boards to record and report incidents through their existing adverse events reporting systems and investigate as required including escalation to Police Scotland, if necessary.

Healthcare Improvement Scotland are working with all NHS boards and partner organisations to standardise the reporting of adverse events and have developed a National Framework for Reviewing and Learning From Adverse Events which was published in February 2025. We are also working with Equally Safe at Work, who have developed an accreditation programme for Health Boards, as part of the Equally Safe Strategy.

The Managing Health at work policies include guidance on preventing, reporting and dealing with violence and aggression. This staff policy is being refreshed under the NHSScotland Once for Scotland Workforce Policies Programme.

A Sexual Harassment Guide is also in development to supplement the Gender Based Violence Policy which is currently being refreshed.

Question reference: S6W-35475

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2025
Current Status: Answered by Jenni Minto on 3 June 2025

To ask the Scottish Government what steps it is taking to research effective safeguarding and risk management procedures in relation to sexual assault in psychiatric hospitals.

Health Boards are responsible for effective safeguarding and risk management procedures, assessing patient safety and staff risks within their facilities, and for taking appropriate local action.

We expect that local governance arrangements should include clear oversight, regular reporting, and continuous improvement in line with national guidance and patient safety standards. We have published Core Mental Health Standards which set out what is expected from services they deliver.

Healthcare Improvement Scotland have recently extended their Safe Delivery of Care inspection programmes from acute hospitals to include NHS mental health in-patient services

We have commissioned NHS Assure to develop and implement a standardised App based tool to assess factors that impact the quality and safety of care in the built environment of our in-patient wards in mental health services across Scotland. Every Heath Board with adult in-patient services will be expected to complete these assessments and to act upon the findings where a need for improvement is identified.

Question reference: S6W-35473

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2025
Current Status: Answered by Jenni Minto on 3 June 2025

To ask the Scottish Government whether it plans to provide guidance to NHS boards regarding accurate data collection for any reports of sexual assault within their board, including in relation to the age and biological sex of any victims and alleged perpetrators.

The Scottish Government expects all NHS Boards to record and report incidents through their local reporting systems and investigate as required including escalation to Police Scotland, if necessary.

Healthcare Improvement Scotland are working with all NHS boards and partner organisations to standardise the reporting of adverse events and have developed a National Framework for Reviewing and Learning From Adverse Events which was published in February 2025.

We strongly encourage patients and staff to report all instances of violent and aggressive behaviour, including sexual violence. Police Scotland will record crimes through their Crime Management System.

Question reference: S6W-35472

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 20 May 2025
Current Status: Answered by Jenni Minto on 3 June 2025

To ask the Scottish Government whether it plans to update any policies that it has on the procedures for NHS patients and staff to follow when (a) reporting and (b) raising concerns regarding sexual assault.

We strongly encourage staff to report all instances of violent and aggressive behaviour, including sexual violence, through their local reporting systems. We expect Health Boards to record and report all instances of violent behaviour, including sexual assaults. These should be investigated and reported to the police where appropriate.

For NHSScotland Staff, the Managing Health at Work policies include guidance on preventing, reporting and dealing with violence and aggression. This staff policy is being refreshed under the NHSScotland ‘Once for Scotland’ Workforce Policies Programme.

We expect all health boards to be actively committed to protecting staff from violence and assault, including sexual violence, and make sure that any employees who are victims of violence or aggression have access to appropriate support.

A Sexual Harassment Guide is also in development to supplement the Gender Based Violence Policy which is currently being refreshed.

Question reference: S6W-35471

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 20 May 2025
Current Status: Answered by Jenni Minto on 3 June 2025

To ask the Scottish Government what plans it has to assist NHS boards with the implementation of systems and record-keeping procedures to ensure patient safety in hospitals.

The Scottish Government expects all NHS Boards to record and report incidents through their existing adverse events reporting systems and investigate as required including escalation to Police Scotland, if necessary.

Healthcare Improvement Scotland are working with all NHS boards and partner organisations to standardise the reporting of adverse events and have developed a ‘National Framework for Reviewing and Learning From Adverse Events’ which was published in February 2025.

Question reference: S6O-04746

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 May 2025
Current Status: Taken in the Chamber on 4 June 2025

To ask the Scottish Government whether it will provide an update on the roll-out of the Caledonian System.

Question reference: S6O-04712

Asked by: Pam Gosal, MSP for West Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2025
Current Status: Taken in the Chamber on 28 May 2025

To ask the Scottish Government whether it will provide an update on what action it is taking to improve waiting times for audiology appointments.

Chamber and committees