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: S3W-25812

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Tuesday, 14 July 2009
Current Status: Answered by Kenny MacAskill on 5 August 2009

To ask the Scottish Executive how many arrest warrants are currently outstanding, broken down by (a) category of offence and (b) police force area.

Question reference: S3W-25814

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Tuesday, 14 July 2009
Current Status: Answered by Kenny MacAskill on 27 July 2009

To ask the Scottish Executive whether it intends to achieve consistency in (a) approach or (b) outcome through the creation of the Scottish Sentencing Council provided for in the Criminal Justice and Licensing (Scotland) Bill.

The Criminal Justice and Licensing (Scotland) Bill provides for the creation of the Scottish Sentencing Council and section 4 of the Bill sets out the council''s objectives. These are:

To promote consistency in sentencing practice;

To assist the development of policy in relation to sentencing and

To promote greater awareness and understanding of sentencing policy and practice.

It will be for the council itself to determine its approach to achieving these objectives.

Section 1(3)(d) further provides that in sentencing an offender for an offence, a court must have regard to the desirability of ensuring consistency in sentencing in respect of the same type of offence.

We believe that it is the responsibility of government to ensure that Scotland has an appropriate framework in place to promote fairness and justice in sentencing. There is a case for a system of sentencing guidelines, delivered by the council, to help provide more consistent and transparent sentencing. In its 2006 report on consistency, the judicially-led Sentencing Commission recommended the establishment of a body to deliver guidelines and stated that the principles of fairness, justice and consistency in sentencing demand that similar crimes committed in similar circumstances by offenders who are similar should attract similar sentences.

As we have already stated during the public consultation on this issue, we do not want a system of guidelines that specifies the correct sentence for each case. The discretion of the sentencer remains essential to ensure that a sentence reflects the facts and circumstances of each individual case. However, we are committed to putting a framework in place to support the judiciary in ensuring that the sentencing process is consistent and fair and to provide better information to the public, thereby increasing public confidence in our justice system.

Question reference: S3W-25621

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Tuesday, 07 July 2009
Current Status: Answered by Kenny MacAskill on 24 July 2009

To ask the Scottish Executive what assessment it has made of the findings of the final report by the Administrative Justice Steering Group, Administrative Justice in Scotland - The Way Forward, and what actions it plans to take as a consequence.

This useful report provides a thorough analysis of the current administrative justice system in Scotland. The Administrative Justice Steering Group''s two reports have helped to inform and develop the government''s policy on administrative justice, including on tribunals.

The Minister for Community Safety spoke at the launch of the report, and announced that we will investigate the case for a Scottish Tribunals Service in light of the report and its predecessor. The report''s findings do not require any formal assessment, but they will contribute to our work to improve public sector complaints mechanisms, deliver better public services, and consider the future governance of Scotland.

Question reference: S3W-25699

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Thursday, 09 July 2009
Current Status: Answered by Kenny MacAskill on 23 July 2009

To ask the Scottish Executive, further to answer to question S3W-24818 by Kenny MacAskill on 23 June 2009, what the motivational element to encourage further participation of prisoners in appropriate interventions, such as the Sex Offender Treatment Programme, is likely to involve.

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

It is too early in the development of the new Sex Offender Treatment Programme (SOTP) to be prescriptive about what the motivational aspects will be.

Studies conducted with sex offenders who refuse to participate in SOTPs indicate two main reasons for non-participation: a fear of participation in prisoner programmes and denial of their offence. Therefore, consideration is being given to:

Involving sex offenders in a preparatory programme early in their sentence, and

Adapting the style of delivery for the main programme to address some of the issues presented by sex offenders who deny their offence.

At this stage programme developers are conducting research to establish whether these approaches, which have been used in other jurisdictions, are likely to be effective.

Question reference: S3W-25267

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Thursday, 25 June 2009
Current Status: Answered by Kenny MacAskill on 23 July 2009

To ask the Scottish Executive, further to the answer to question S3W-24828 by Kenny MacAskill on 23 June 2009, how many offender development hours were delivered in each of the last three years, broken down by institution.

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

Establishment	2006-07	2007-08	2008-09
Aberdeen	66,018	75,805	62,038
Barlinnie	189,661	224,362	251,323
Cornton Vale	131,304	172,003	197,304
Dumfries	69,392	69,639	70,607
Edinburgh	173,404	156,521	193,057
Glenochil	159,634	257,477	252,099
Greenock	75,350	76,982	76,228
Inverness	52,372	59,913	66,248
Kilmarnock	146,997	159,018	165,303
Low Moss	51,996	3,624
Open Estate	521,172	546,503	448,696
Perth	91,167	111,273	159,507
Peterhead	107,512	114,876	125,592
Polmont	173,555	209,744	238,749
Shotts	109,459	115,148	149,769
Total	2,118,993	2,352,888	2,456,518

Question reference: S3W-25815

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Tuesday, 14 July 2009
Current Status: Answered by Fergus Ewing on 22 July 2009

To ask the Scottish Executive, further to the answer to question S3W-22877 by Fergus Ewing on 8 May 2009, what discussions it has had with Northern Constabulary in relation to the constabulary’s calls for increased powers to impose curfews on those who repeatedly commit crime or behave in an antisocial manner and what action it intends to take as a result.

My officials met with representatives from Northern Constabulary on 3 June 2009 to discuss their proposal for increased powers to impose curfews on young people who repeatedly commit crime or antisocial behaviour. Northern Constabulary subsequently indicated to officials that they do not plan to take forward this proposal at this time.

We have indicated to Northern Constabulary that we are happy to explore any other options with them and will work with them, and other partners, to support the development of effective approaches to dealing with this very small minority of young people that cause the most serious problems in our communities.

Question reference: S3W-25879

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Thursday, 16 July 2009
Current Status: Answered by Kenny MacAskill on 22 July 2009

To ask the Scottish Executive whether it plans to close a third of Scotland’s courts as reported in The Herald on 15 July 2009 and, if so, (a) how many and (b) which courts it intends to close and when.

Question reference: S3W-25880

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Thursday, 16 July 2009
Current Status: Answered by Kenny MacAskill on 22 July 2009

To ask the Scottish Executive whether it is considering the introduction of mobile court facilities covering the south-west and north-east, as reported in The Herald on 15 July 2009 and, if so, what this will involve.

Question reference: S3W-25273

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Thursday, 25 June 2009
Current Status: Answered by Kenny MacAskill on 22 July 2009

To ask the Scottish Executive, further to the answer to question S3W-24824 by Kenny MacAskill on 23 June 2009, whether it considers that there is sufficient provision of work in prisons and, if not, what action it will take.

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

Ideally there would enough prisoner work places to provide meaningful work for all convicted prisoners and all untried prisoners who wish to undertake work.

However, the provision of work places is limited by the physical capacity of prisons, the availability of staff, the availability of work which is meaningful and the cost at realistic levels of providing that work.

The SPS is maximising its provision of activity spaces and the take-up. It is also preparing to introduce performance measures for 2010-11 which will provide evidence of the level of all activities undertaken.

Question reference: S3W-25271

Asked by: Richard Baker, MSP for North East Scotland, Scottish Labour
Date lodged: Thursday, 25 June 2009
Current Status: Answered by Kenny MacAskill on 22 July 2009

To ask the Scottish Executive, further to the answer to question S3W-24824 by Kenny MacAskill on 23 June 2009, which quotes the Chief Executive of the Scottish Prison Service statement that “there are a number of prisoners who do not work in many of Scotland’s Prisons”, what its position is and what action it will take.