Chamber and committees

The answer to PQ S5W-06471 directed Mr McArthur to the Scottish Prison Service (SPS) website, where SPS record information about the details of deaths of prisoners in their custody. This website includes the date that SPS have recorded that an Fatal Accident Inquiry (FAI) has been concluded. It records 32 cases between 2013 and 2015 without a date for conclusion of the FAI. I proceed on the assumption that Mr. McArthur’s question refers to this data.

As will be evident from my answer to question S5W-07136 on 8 March 2017, in eleven of those cases, a FAI has, in fact, been concluded and in eight of those cases the Sheriff’s determination has also been issued. In two cases, FAI proceedings have commenced and preliminary hearings have been heard. In both of those cases a FAI is scheduled to commence in March 2017. In one case a FAI has already commenced and is ongoing.

Since April 2012 all non-suspicious deaths reported to the Procurator Fiscal have been investigated by dedicated specialists in the Scottish Fatalities Investigation Unit (SFIU). In August last year, the Inspectorate of Prosecution in Scotland reported that: "The introduction of SFIU, a national specialist unit responsible for investigating all sudden, suspicious and unexplained deaths, has significantly improved the service provided by COPFS with a 64% reduction in the time taken between the date of death to the start of the FAI."

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

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

Sites for the community custodial units have not yet been identified although the process for identifying potential sites is at an advanced stage. Recommendations will be made to the Cabinet Secretary for Justice with regard to the preferred sites prior to comprehensive community consultation.

In line with current Scottish Government policy, the new female custodial estate including the community custodial units will be operated by Scottish Prison Service. The community custodial units will work with a range of multi-agency community partners and externally contracted services may be procured as required.

I understand Mr. McArthur’s question to refer specifically to 32 cases involving deaths in custody. Information in relation to the 32 deaths in custody is provided on the Scottish Prison Service (SPS) website. The SPS website does not record a date for conclusion of the Fatal Accident Inquiries (FAI).

In eleven of those cases, a FAI has, in fact, been concluded and in eight of those cases the Sheriff’s determination has also been issued. In two cases, FAI proceedings have commenced and preliminary hearings have been heard. A FAI is scheduled to commence in both of those cases in March 2017. In one case a FAI has already commenced and is ongoing. The remaining eighteen cases continue to be under investigation. Two of these involve investigations by the Health and Safety Executive.

Where a death requires investigation, this is undertaken by Crown Office and Procurator Fiscal Service (COPFS). If, following the investigation, a FAI is to be held, the procurator fiscal makes the appropriate application to the Court, and the progress of the FAI thereafter is in the hands of the Court. In the case of a death in custody, a FAI is mandatory.

The progress of a death investigation depends on a variety of factors. While most death investigations conclude once a cause of death is known, other cases require further investigation, which may include complex technical and medical issues requiring the instruction of experts. Equally, where a FAI is to be held, the speed with which it proceeds to the conclusion of evidence, and, thereafter, to issue of the sheriff’s determination depends on a variety of factors, including the scale and complexity of the inquiry and the other demands on court and judicial time.

COPFS aims to hold a FAI at the earliest practicable date consistent with a thorough investigation. Since April 2012 all non-suspicious deaths reported to the Procurator Fiscal have been investigated by dedicated specialists in the Scottish Fatalities Investigation Unit (SFIU). In August last year, the Inspectorate of Prosecution in Scotland reported that: "The introduction of SFIU, a national specialist unit responsible for investigating all sudden, suspicious and unexplained deaths, has significantly improved the service provided by COPFS with a 64% reduction in the time taken between the date of death to the start of the FAI."

In relation to all FAIs, nearest relatives are kept advised of significant developments in accordance with the Family Liaison Charter which I laid before the Scottish Parliament last year.

Delivery of the new national prison and up to 5 Community Custodial Units based on current timescales would involve total capital costs of £81.95m profiled over 5 years from 2016-17 to 2020-21. This includes a) £45m for the national unit and b) a total of £36.95m for up to 5 Community Custodial Units.

The Scottish Government is committed to delivering a new custodial estate for women. The profile of capital spending to deliver on this policy will be subject to the same process as the rest of the Scottish Government's spending plans.

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

The number of fatal accident inquiries that have been undertaken into the death of prisoners in custody in Scottish prisons since 2010 is 140.

The decisions of the courts can be found on the Scottish Courts and Tribunal Service website at www.scotcourts.gov.uk/search-judgments/fatal-accident-inquiries

As I announced on 11 February 2016, the relocation of 110 women from HMP&YOI Cornton Vale to HMYOI Polmont was an important step in the start of the decommissioning process that will deliver my vision for a new custodial estate for women. As we move towards 2020, a plan will be put in place to adapt and decommission elements of the existing female estate.

The Scottish Government has given an indication that, subject to budget being available, it plans to provide funding in 2017-18 to four offender mentoring services, including the Shine PSP mentoring service.

Consideration of how such mentoring services should be commissioned and funded in the longer term will be part of the ongoing examination of the strategic direction in community justice and the effective commissioning of justice services.

I can confirm that the deadline for the HEEPS loan – with 25% Cashback has been extended. Provided they have submitted their application and secured an offer by 31 March 2017, applicants will now be given a loan offer which is valid for 6 months, during which time they will need to complete works and claim. The new deadline is being promoted by the Home Energy Scotland advice centres through events, communications and social media, as well as through calls into the advice centres.

The Scottish Government recognises the health impacts of exposure to transport generated air pollution, especially on the very young and old and those with existing respiratory and cardiovascular conditions. Scotland’s air quality is generally good, but hotspots of poor air quality remain in some urban areas.

To address this, the Government is committed – through the Cleaner Air For Scotland Strategy (CAFS) - to deliver improvements in air quality and will establish Scotland’s first Low Emission Zone by 2018, as set out in the Programme for Government.

In 2016, we introduced into Scottish legislation the World Health Organisation guideline value for fine particulate matter known as PM_2.5, making us the first country in Europe to take this step. The Scottish objective for fine particulate matter known as PM₁₀ is more than twice as stringent as the equivalent UK and EU targets.