Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-09222

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government when signs to Coatbridge will be installed on the westbound lane of the M8.

Question reference: S5W-09293

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 17 May 2017
Current Status: Answered by Humza Yousaf on 30 May 2017

To ask the Scottish Government what steps are being taken to increase the number of staffed railway stations.

The levels of staff at ScotRail stations are a commercial matter for the Franchisee. The current Franchise Agreement ensured that from commencement of the contract on 1 April 2015, the number of staffed stations remained consistent with the previous ScotRail Franchise. Any proposed change to this would require notification to both the Authority (Transport Scotland) and the Passengers’ Council (Transport Focus).

As part of ScotRail’s on-going contracted investments to improve the customer experience at railway stations in Scotland, new facilities have and will continue to be installed including new interactive help points, more than 300 CCTV cameras, over 50 additional Ticket Vending Machines and 140 Customer Information Screens.

Transport Scotland’s Service Quality Incentive Regime (SQUIRE) inspects station facilities and checks staff at stations at contracted times on a four weekly basis, and ScotRail can incur financial penalties where such facilities are not suitably operational for passengers.

Question reference: S5W-09221

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government when works on the A725 Shawhead flyover/Bellshill bypass will be completed.

Traffic management will remain in place until the scheme is open to traffic in the coming weeks. Transport Scotland and the contractor, Scottish Roads Partnership are working closely together to remove restrictions where possible. Once the new roads are open, final landscaping, finishing and snagging works will be ongoing as is normal with projects of this type, however, this should not affect peak traffic flows.

Question reference: S5W-09220

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by Keith Brown on 30 May 2017

To ask the Scottish Government what consideration it has given to (a) taxi companies and (b) other local businesses that may be losing money as a result of continuing road closures and works at Shawhead flyover/Bellshill bypass.

When undertaking work of this nature, some disruption is unfortunately unavoidable and any inconvenience caused is regretted. We would like to thank road users and local communities for their ongoing support and patience during these necessary works.

There is no statutory or common law requirement on Transport Scotland to pay compensation for loss of business. However, where possible Transport Scotland endeavours to provide advance warning of planned road works to road users. While it is not possible to contact each business that may be impacted directly, to highlight any proposed works, Transport Scotland has launched a significant media campaign, including social media, broadcast, radio and print, to inform the public of these necessary works.

Transport Scotland and SRP are working closely together to remove restrictions as quickly as possible as sections of the road become available for use and it is expected that the newly improved Shawhead junction will be fully open in the coming weeks.

Question reference: S5W-09228

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by James Wolffe QC on 24 May 2017

To ask the Scottish Government what its position is on the Procurator Fiscal Service making a decison on whether to proceed with a case without considering all of the evidence.

The Prosecution Code sets out the criteria for decision making in cases reported to COPFS. The Prosecution Code is published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Prosecution_Policy_Guidance/Prosecution20Code20_Final20180412__1.pdf

A prosecutor will consider the relevant evidence when making a decision on whether to proceed with a case. The prosecutor must be satisfied that there is sufficient admissible evidence to justify commencing proceedings. Consideration must be given to the reliability and credibility of the evidence. If it seems that there is insufficient evidence the prosecutor can instruct the police or request other reporting agencies to make further enquiries.

Question reference: S5W-09227

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by James Wolffe QC on 24 May 2017

To ask the Scottish Government what recourse is available to the public if they believe that the Procurator Fiscal Service has not considered all of the evidence when making a decision on whether to proceed with a case.

The victim in a case reported to COPFS has a right to ask for a review of a prosecutor’s decision not to take action in a case, under the Lord Advocate’s Rules: Review of a Decision not to Prosecute, made under section 4 of the Victims and Witnesses (Scotland) Act 2014. These rules are published on the COPFS website at:

http://www.crownoffice.gov.uk/images/Documents/Victims_and_Witnesses/Lord%20Avocates%20Rules%20-%20June%2015%20v2.pdf

At page 4 of the Rules it makes clear that a victim can ask for new information to be taken into account during the review.

Question reference: S5W-09229

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 12 May 2017
Current Status: Answered by James Wolffe QC on 24 May 2017

To ask the Scottish Government whether Police Scotland has a duty to submit all evidence in its possession to the Procurator Fiscal Service prior to the fiscal's decision on whether to proceed with a case.

There is an obligation on the police and other investigating agencies to submit all relevant information to the Crown to allow prosecutors to make the appropriate decision in a case.

In the case Smith v HMA 1952 (JC) the court at pages 71 and 72 stated that the duty of the police was

“to put before the Procurator-fiscal everything which may be relevant and material to the issue of whether the suspected party is innocent or guilty.” The court however stated that

“It would be absurd to suggest that all their (the police) results should be submitted he must put the result of his investigations fairly before the Fiscal in order that the Crown may have a fair basis on which to decide whether or not to prosecute.”

This duty is outlined in Chapter 3 of the COPFS Disclosure Manual which is published on the COPFS website at-

http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Disclosur_Manual/Chapter%203.pdf

Question reference: S5O-00931

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Submitting member has a registered interest.
Date lodged: Wednesday, 26 April 2017
Current Status: Answered by Shirley-Anne Somerville on 3 May 2017

To ask the Scottish Government what discussions it has had with Colleges Scotland regarding its ongoing dispute with the EIS Further Education Lecturers' Association over the promised national pay deal.

I have separately met both sides in this dispute on a number of occasions and my position has been consistent in these discussions.

I want the dispute to be resolved because strike action in our colleges is in no one’s interest. It is certainly not in the interests of college students.

Both sides need to continue to work constructively for a solution in order that the sector can focus on delivering the high-quality education that its students expect. Having put arrangements in place to allow national bargaining, this remains a matter for the union and college employers to resolve.

The move to national bargaining is a significant step forward. If the Government has to step in to resolve those matters, we no longer have national bargaining. If we want national bargaining to work, both sides must be prepared to come to a resolution.

Question reference: S5O-00891

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 19 April 2017
Current Status: Taken in the Chamber on 26 April 2017

To ask the Scottish Government what discussions it has had with the Scottish Legal Complaints Commission regarding the 12.5% increase in the solicitor levy.

Question reference: S5W-08458

Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 04 April 2017
Current Status: Answered by John Swinney on 19 April 2017

To ask the Scottish Government what its position is on the right of parents to educate children in Catholic schools, and whether it plans to review this.

Section 30 of the Education (Scotland) Act places a duty on the parents of every child of school age to provide an efficient education suitable for the age, ability and aptitude of the child and whether that is in a local authority school or by other means. The other means would include home education and independent schools.

The Scottish Government supports the right of the Roman Catholic Church to give witness to its faith, and to uphold the traditions of Catholic education. We value the contribution made by Roman Catholic schools, and have no intention of changing the current position where faith aspects of the curriculum in Catholic schools are determined by the Scottish Catholic Education Service.

The Scottish Government welcomes the positive contribution that denominational education can make to Scottish education in ensuring successful learners, effective contributors, responsible citizens and confident individuals. The Scottish Government have no plans to review Catholic schools.