Chamber and committees

Under Scotland's criminal justice system, it is for the police to investigate possible breaches of the criminal law and for the Crown Office and Procurator Fiscal Service (COPFS) to consider whether prosecutions should be progressed in any given case. Decision-making within this area is for these independent agencies and the Scottish Government is not involved in decision-making in criminal cases. COPFS make decisions in the public interest using the process set out in their Prosecution Code . COPFS works closely with Police Scotland, the Scottish Courts and Tribunal Service and other partners to deliver justice in individual cases.

His Majesty Inspectorate of Constabulary in Scotland provides independent scrutiny of Police Scotland. Similar independent scrutiny of COPFS is provided by His Majesty’s Inspectorate of Prosecution in Scotland .

Where a person considers they may have experienced a miscarriage of justice, they can apply to the independent Scottish Criminal Cases Review Commission who have a statutory function to investigate miscarriages of justice with a view to individual cases being considered for return to the Appeal Court for a fresh appeal. This is a special power for criminal cases to be re-opened even after the normal appeals process may have been exhausted.

Where a person does have their conviction overturned in the Appeal Court, the Scottish Government operates two schemes relating to miscarriages of justice - the statutory scheme and the ex-gratia scheme.

We know that people living in poverty in Scotland are more likely to develop a lung condition than the general population, and recognise that we still have progress to make on improving access to care and treatment for respiratory conditions.

In March 2021, we published the first Respiratory Care Action Plan for Scotland (RCAP) . The Plan sets out our priorities and commitments for driving improvement in the prevention, diagnosis, care, treatment and support of people living with respiratory conditions. Tackling health inequalities is a key focus of the RCAP and we want to ensure a more targeted approach to supporting those who need it most.

The main focus of our respiratory programme this year will be on improving the availability of respiratory data. We have recently commissioned and funded Public Health Scotland to begin building a respiratory audit programme. This will better allow us to review the demographics of people living with respiratory conditions and ultimately ensure we deliver services which meet their needs.

We are also in the final stages of producing a best practice document for child to adult respiratory transitions, as well as working closely with key stakeholders to determine the best route to improve access to pulmonary rehabilitation services.

More widely, the Scottish Government is committed to supporting families and households face the increased cost of living. This includes the provision of services and financial support not available elsewhere in the UK that is helping to reduce everyday costs and increase incomes.

A key commitment in our Diabetes Improvement Plan is to further increase access to existing and emerging technologies which can significantly benefit people with Type 1 diabetes and improve their quality of life. We do, however, understand that there are still some barriers to achieving equitable access across Scotland.

To tackle this, we have recently invested £350,000 through the Accelerated National Innovation Adoption (ANIA) pathway, to test new models of care and accelerate the distribution of existing technologies. We also continue to work closely with local Managed Clinical Networks (MCNs) to address any concerns around the distribution.

We will continue to actively engage with the diabetes community and those living with Type 1 diabetes to better understand the barriers they face, while also working with suppliers, NHS services and wider industry partners to increase access to technologies in the near future.

We value our culture sector and the fundamental part this plays in our everyday lives, our national identity, and how we present ourselves to the world.

The figures published recently by Creative Scotland are the results of the notice of intention to apply to their new multi year funding programme. Notice of intention to apply is only the first stage of the process and we expect this figure to reduce once Creative Scotland has started assessing applications and completed necessary due diligence.

We provide significant funding to Creative Scotland each year and will continue to do so, alongside our obligation to balance the budget and deliver the best value for every taxpayer in Scotland.

We will continue to work with the sector to identify barriers to recovery and do everything within our powers and resources to help it overcome these.

I welcome the publication of this report and the solutions to the issues that the sector is facing.

The Scottish Government will continue to work with the culture sector to identify barriers to immediate and long-term recovery and will continue to do everything within our powers and resources to help those most affected by current economic challenges.

The Scottish Government will discuss the recommendations contained within this report with Creative Scotland and also the trade unions.

We recognise that there are higher levels of chronic pain amongst minority ethnic populations and included minority ethnic participants in the work with both The Lines Between Pain Management Panel consultations: report - gov.scot and Healthcare Improvement Scotland Gathering views on chronic pain | HIS Engage . Whilst budget did not allow for the use of an interpreter, both projects heard from minority ethnic participants. The published Pain Management Panel report details the breakdown of demographics included in the 16 member panel on page 6.

Our Diabetes Improvement Plan, published in 2021, contains a key commitment to increase access to existing and emerging diabetes technologies. Between 2016 and 2022, we have invested £29.6 million of additional funding specifically to support this.

The new Accelerated National Innovation Adoption (ANIA) pathway workstream will also support accelerated distribution of Closed Loop Systems, in a more equitable way across Scotland, by creating a new national onboarding team. We are aware there are variations in approach to the cost of replacement batteries for insulin pumps across NHS Boards and we have asked Boards and healthcare professionals to improve equity of access to technologies. Through the ANIA pathway workstream, the Scottish Government has invested a further £350,000 to accelerate the distribution of Closed Loop Systems.

Not all insulin pumps require batteries, and we expect NHS Boards and staff to support patients to find the most appropriate technology for their specific circumstances.

We are committed to supporting families and households who are facing the increased cost of living, and this includes tackling the barriers people face when trying to access diabetes technologies.

I refer the member to the answer to question S6W-16442 on 3 May 2023 and question S6W-19380 on 11 July 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 Scottish Government is acutely aware of the suffering of those who were infected with Hepatitis C or HIV, or both, as a result of NHS treatment in the 1970s and 1980s. Consequently, the Scottish Infected Blood Support Scheme (SIBSS), which was established in 2017, was set up to provide support and assistance for those people infected as a result of NHS treatment, as well as for their immediate family members.

The Scottish Government made extensive efforts in 2016 and 2017 to raise awareness of SIBSS through media campaigns and by distributing posters to GP surgeries and hospitals in an attempt to reach those who would be eligible for payments under SIBSS. However if, despite these efforts, a person has not previously claimed from SIBSS because they were not aware of their entitlement, that person could still make an application to SIBBS and, if successful, would receive any lump sum and regular support payments to which they are entitled. This includes widows, widowers and partners, with entitlement to such payments having effect from the date they apply to join the scheme.

Such infected persons, or their bereaved partners, would also be eligible, upon a successful application to SIBSS, to receive the interim compensation payments of £100,000 as recommended by the first interim report of the Infected Blood Inquiry, which was published in July 2022. These payments were made to all existing SIBSS members in Scotland in October 2022. The second interim report of the Infected Blood Inquiry, which was published in April 2023, sets out recommendations for further interim payments and for a wider framework for compensation. This second interim report is currently being considered, in consultation with all the Devolved Administrations, by the UK Government.

In common with the practice in all of the other UK infected blood support schemes regular support payments, which are designed to assist with the costs of day to day living, are only generally backdated to the date of application to SIBSS. However, the Scottish Government did publish an amendment to the SIBSS scheme document in April 2023 which allows for backdating of regular support payments for infected persons transferring late from the Skipton Fund, which was one of the previous UK support schemes, in cases where that infected person was not contacted by the Skipton Fund for the purpose of requesting their consent to have their details transferred to SIBSS. Further information is available on the Scottish Government website.

Mental health remains an absolute priority for the Scottish Government, and we are committed to ensuring that everyone who needs support can get access to services that are appropriate to their needs. Through this approach we recognise that long-term conditions, such as kidney disease, can impact a person’s mental wellbeing. We encourage anyone struggling with their mental health and wellbeing to approach their clinical support team in the first instance, who can advise on appropriate support avenues. Information can also be found on the NHS Inform website and other online mental health and wellbeing support services.

We will shortly publish a new Mental Health and Wellbeing Strategy. The Strategy will set out a long-term vision, and a set of outcomes, for the mental health and wellbeing of the population. We will subsequently publish a Delivery Plan to set out the work we will do over the coming years to make progress towards those outcomes, and set out how we will measure that progress.

This will include consideration on how the Strategy will set ambitions and actions to support people living with long term conditions. One of our key outcomes for the Strategy is to ensure people with mental health conditions, including those with co-existing health conditions, experience improved quality and length of life, free from stigma and discrimination

In order to achieve this, we will work with partners to develop actions that will see improved provision of services and support to people with long-term physical health conditions for their mental health and wellbeing.

In addition to this, the National Education Scotland and Scottish Government developed The Matrix: A Guide for Delivering Evidence-based Psychological Therapies in Scotland to support NHS Boards in planning the range, volume and quality of psychological therapies required to meet Scottish Government commitments. The Matrix is due to be refreshed in 2023 but already includes a section specifically on chronic kidney disease.