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-19972

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Friday, 16 November 2018
Current Status: Answered by Joe FitzPatrick on 29 November 2018

To ask the Scottish Government whether it would support an illegal drugs harm reduction pilot scheme being trialled.

The Scottish Government is prepared to take forward innovative, evidence-based approaches, even if at first they may be unpopular or controversial. This is highlighted by our support for the principles behind Glasgow’s proposals for ‘safer drug consumption facilities’ and 'heroin assisted treatment’ in the city.

In October 2018, I met with the UK Government, who remain opposed to changing the law or devolving powers in order to facilitate the introduction of ‘safer drug consumption facilities’.

We have just released further funding to help reduce the harms caused by alcohol and drugs, bringing the total provided to more than £70 million this financial year. Since 2008, we have invested over £746 million to tackle problem alcohol and drug use.

Question reference: S5W-19974

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Friday, 16 November 2018
Current Status: Answered by Joe FitzPatrick on 29 November 2018

To ask the Scottish Government whether it would support the testing of illegal drugs in order to support harm reduction.

Question reference: S5W-19955

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 15 November 2018
Current Status: Answered by James Wolffe QC on 29 November 2018

To ask the Scottish Government how many people have been subject to more than two post-mortems in each of the last five years.

COPFS has not historically collected data regarding whether a second or subsequent defence post mortem has taken place. The information requested is accordingly not available. On 1 November 2018, COPFS published the “Forensic Pathologist Consultation Protocol”. The Protocol is designed to enable effective consultation between pathologists instructed by the defence and the Crown. Effective consultation should support an informed defence decision as to whether a second physical post mortem examination is required and may reduce not only the number of required defence examinations but also delays in return of deceased persons to their families. COPFS has also reinforced its internal guidance to ensure that bodies are only retained when that is necessary for the proper administration of justice.

COPFS will monitor the impact of the reinforced guidance and the Consultation Protocol. COPFS will also monitor the timeline in relation to release of bodies in suspicious deaths and the number of post mortem examinations instructed by the defence.

Question reference: S5W-19953

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Friday, 16 November 2018
Current Status: Answered by Humza Yousaf on 29 November 2018

To ask the Scottish Government how much funding it has provided to the Scottish Sentencing Council in each year since its inception.

Under the Judiciary and Courts (Scotland) Act 2008 and the Scottish Courts and Tribunals Service (Administrative Support) (Specified Persons) Order 2015, the Scottish Courts and Tribunals Service (SCTS) has the statutory function of providing, or ensuring the provision of, the property, services and staff for the Scottish Sentencing Council. SCTS receives annual funding from the Justice portfolio of the Scottish Government covering all their responsibilities including in respect of the Scottish Sentencing Council.

The Scottish Sentencing Council was established in October 2015. An annual report is published each year by the Scottish Sentencing Council and this annual report includes details of their allocated funding from SCTS for each year of operation. Decisions about the annual budget of the Scottish Sentencing Council are a matter for SCTS.

https://www.scottishsentencingcouncil.org.uk/media/1893/scottish-sentencing-council-annual-report-2017-18.pdf

https://www.scottishsentencingcouncil.org.uk/media/1549/scottish-sentencing-council-annual-report-2016-17.pdf

https://www.scottishsentencingcouncil.org.uk/media/1493/annual-report-2015-16-website-version.pdf

Question reference: S5O-02645

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 28 November 2018
Current Status: Taken in the Chamber on 5 December 2018

To ask the Scottish Government whether it will make money available for a new Castlebrae High School before the 2021 new school building cycle.

Question reference: S5W-19940

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Roseanna Cunningham on 28 November 2018

To ask the Scottish Government whether businesses that are not connected to the water network are routinely exempt from water and sewage charges, and for what reason charges can be imposed.

Question reference: S5W-19930

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Ash Denham on 28 November 2018

To ask the Scottish Government how it ensures that demand for legal aid in civil cases is met.

Legal aid budget in Scotland is demand led. Those who meet the eligibility criteria for both civil and criminal legal aid will have access to it. If it is a matter of Scots Law (including UK law that applies in Scotland) and could be heard in a Scottish Court, an application can be made to the Scottish Legal Aid Board (via a solicitor). Legal aid in Scotland is provided for more areas of law than in England and Wales, for example, in family law and housing.

Question reference: S5W-19931

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Ash Denham on 28 November 2018

To ask the Scottish Government how it ensures that legal firms undertake appropriate levels of Legal Aid work, and what assessment it has made of the changes to the legal aid system with regard to supply meeting demand.

Under the current system the Scottish Government cannot directly regulate the amount of legal aid work solicitors firms undertake. Any changes made to the legal aid system via primary or secondary legislation are subject to a Business Regulatory Impact Assessment. Unlike in England and Wales where, for example, legal aid provision for housing and family law now lies largely out of scope, the Scottish Government has retained wide scope for legal aid. To assess the legal aid system in Scotland as a whole and ensure its future sustainability can be secured, Ms Ewing, the then Minister of Community Safety and Legal Affairs, commissioned an Independent Strategic Review of Legal Aid in Scotland that reported in February 2018. The report acknowledged that there are areas (both geographically and by area of law) where there is an over or undersupply of legal services. The Scottish Government response to the review will be issued on 29th November 2018.

Question reference: S5W-19939

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Roseanna Cunningham on 28 November 2018

To ask the Scottish Government how many people in each local authority area are in receipt of the single-person discount for (a) water charges and (b) council tax.

The number of dwellings in receipt of the single occupant discount is presented in the following table.

Local Authority	Single Occupant Discount for Council Tax	Single Occupant Discount for Water Charges
Local Authority	Single Occupant Discount for Council Tax	Water and wastewater	Water Only	Wastewater Only
Aberdeen City	45,790	44,989	154	37
Aberdeenshire	35,853	30,025	2,502	41
Angus	20,680	18,439	973	234
Argyll & Bute	15,320	12,622	1,759	85
Clackmannanshire	9,470	8,890	75	8
Dumfries & Galloway	25,963	22,387	2,228	91
Dundee City	32,552	32,510	18	19
East Ayrshire	22,176	21,547	418	12
East Dunbartonshire	14,599	14,340	113	2
East Lothian	16,141	15,313	438	23
East Renfrewshire	11,797	11,340	67	3
Edinburgh, City of	93,803	92,628	150	63
Eilean Siar	5,149	3,978	1,100	7
Falkirk	28,129	27,765	245	25
Fife	65,471	61,744	672	226
Glasgow City	138,711	137,735	20	8
Highland	39,680	33,191	4,675	74
Inverclyde	15,401	15,195	49	2
Midlothian	13,180	12,711	187	170
Moray	15,601	13,955	945	21
North Ayrshire	27,340	26,154	470	10
North Lanarkshire	58,451	58,321	365	7
Orkney Islands	3,689	2,402	914	11
Perth & Kinross	25,450	22,389	1,481	109
Renfrewshire	35,163	34,322	163	10
Scottish Borders	20,938	18,205	1,022	47
Shetland Islands	3,638	2,932	713	15
South Ayrshire	20,567	19,807	430	22
South Lanarkshire	57,746	54,285	857	18
Stirling	13,723	13,075	536	22
West Dunbartonshire	18,093	17,741	44	2
West Lothian	28,240	27,893	301	8
Total	978,504	928,830	24,084	1,432

Question reference: S5W-19948

Asked by: Kezia Dugdale, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 14 November 2018
Current Status: Answered by Roseanna Cunningham on 28 November 2018

To ask the Scottish Government what penalties there are for people who dispose of human waste in public drains; who such incidents should be reported to, and how many people have been fined for this offence in each of the last three years.

While such cases should be reported to Scottish Water in the first instance, several different statutes cover possible actions and may apply. Scottish Water, SEPA and Roads Authorities therefore may work together to investigate alleged incidents of unauthorised disposal of human waste into drains or sewers. In cases reported to Scottish Water, it does not issue fines directly for offences, it reports these to the Crown Office and Procurator Fiscal Service. It is the policy of Scottish Water to work with dischargers to remediate existing or potential problems from unauthorised discharges to the public sewer. Where an unauthorised discharge poses a serious risk or causes harm, Scottish Water will consider submitting a report to the Procurator Fiscal. In the last three years Scottish Water has submitted two reports, however neither proceeded to court.