- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Wednesday, 20 December 2023
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Current Status:
Answered by Angela Constance on 8 January 2024
To ask the Scottish Government whether all female prisoners have access to sanitary pads on demand; whether any such sanitary pads are provided free of charge, and whether the Scottish Prison Service records any incidents of pads not being provided when needed.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
As defined in the Prison and Young Offenders Rules (Scotland) 2011, all female prisoners who require sanitary products are provided with them free of charge. There is therefore no need to record instances of products not being provided.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Wednesday, 20 December 2023
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Current Status:
Answered by Angela Constance on 8 January 2024
To ask the Scottish Government how many prison cells housing the general prison population and those in solitary confinement do not allow direct access to (a) artificial lighting sufficient for reading purposes and (b) natural light, and where in the prison estate any such cells are located.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
With the exception of 2 prison cells at HMP Open Estate, Castle Huntly, all other cells across the SPS estate have access to natural light.
All prison cells have access to artificial light sufficient for reading purposes.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Wednesday, 20 December 2023
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Current Status:
Answered by Angela Constance on 8 January 2024
To ask the Scottish Government how many instances there have been in the last 12 months, in the form of total prisoner weeks, where a prisoner has been unable to shower at least twice a week for any reason.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
SPS does not record this information. However, as defined in the Prison and Young Offenders Rules (Scotland) 2011, individuals must have, and do have, access to showering/washing facilities a minimum of every second day.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Tuesday, 19 December 2023
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Current Status:
Answered by Jenni Minto on 5 January 2024
To ask the Scottish Government what consideration has been given to piloting an extension of the on-farm seasonal slaughter arrangements for poultry to the beef and lamb sectors.
Answer
The Scottish Government is advised on food safety and hygiene matters by Food Standards Scotland (FSS). Retained Regulation 853/2004, Annex II, Section I and Schedule 5 of the Food Hygiene (Scotland) Regulations 2006 allow for the slaughter of poultry on-farm and the supply of un-eviscerated birds to approved establishments for delayed evisceration. This procedure is allowed providing such production is ‘authorised’ by FSS. No consideration has been given however to extending this to beef and lamb sectors, as there is no provision to permit this within the Regulations.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Tuesday, 19 December 2023
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Current Status:
Answered by Jenni Minto on 5 January 2024
To ask the Scottish Government when it expects the review of home slaughter guidance being undertaken by Food Standards Scotland to be completed, and whether it will publish its findings.
Answer
Food Standards Scotland (FSS) are preparing to launch a 3 month consultation on a proposed amendment to the Home Slaughter Guidance, following which responses received will be considered as part of the ongoing review and FSS intend to publish the outcome of the consultation and any revised guidance in 2024.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Tuesday, 19 December 2023
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Current Status:
Answered by Angela Constance on 22 December 2023
To ask the Scottish Government how many court hearings that were redirected to Aberdeen or Inverness, due to the pause to solemn criminal business in island courts, have been (a) delayed, (b) postponed and (c) cancelled due to the failure or inability of a witness or complainer to attend proceedings on the date and time summoned.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who reply in writing within 20 days.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Tuesday, 19 December 2023
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Current Status:
Answered by Angela Constance on 22 December 2023
To ask the Scottish Government how many cases that would have otherwise taken place in island courts have now been heard at "hub" courts in (a) Inverness and (b) Aberdeen as a result of the pause to solemn criminal business in island courts, broken down by affected island court.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who reply in writing within 20 days.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Tuesday, 19 December 2023
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Current Status:
Answered by Angela Constance on 22 December 2023
To ask the Scottish Government how many court hearings have been (a) postponed or (b) cancelled due to reportedly ongoing issues with the Scottish Prison Service's prisoner escort services.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who reply in writing within 20 days.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Monday, 11 December 2023
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Current Status:
Answered by Siobhian Brown on 20 December 2023
To ask the Scottish Government, further to the answer to question S6W-20734 by Siobhian Brown on 30 August 2023, what its position is on whether the same cited considerations for same-sex sexual infidelity being treated as unreasonable behaviour or non-cohabitation could also apply to opposite-sex adultery, and, if it considers this could be the case, what its position is on whether the existence of adultery as a grounds for divorce is redundant.
Answer
One of the ways in which irretrievable breakdown of a marriage is taken to be established in divorce actions is if since the date of the marriage the defender has behaved in such a way that the pursuer cannot reasonably be expected to cohabit with the defender. This can include sexual infidelity, both same sex and mixed sex.
Another way in which irretrievable breakdown can be established is if since the date of the marriage, the defender has committed adultery. The Scottish Government’s understanding is that adultery is defined in common law as meaning heterosexual sexual intercourse outside of marriage.
Issues on adultery in divorce law were considered when what became the Marriage and Civil Partnership (Scotland) Act 2014 was being prepared. As the last bullet point of paragraph 138 of the Policy Memorandum for the Bill which became the 2014 Act notes, it appears that for a small number of spouses it may be important to have the civil court find that the other spouse was adulterous.
The consultation planned for 2024 will, in relation to divorce and dissolution, cover court procedures rather than the grounds of divorce and dissolution.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Friday, 08 December 2023
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Current Status:
Answered by Siobhian Brown on 20 December 2023
To ask the Scottish Government, further to the answer to question S6W-23651 by Siobhian Brown on 7 December 2023, as part of its plans to consult on marriage law reforms, whether it will consult on introducing so-called "no-fault" divorce, not requiring irretrievable marital breakdown.
Answer
The Scottish Government has no plans to do so. The consultation planned for 2024 will, in relation to divorce and dissolution, cover court procedures rather than the grounds of divorce and dissolution.
There has been recent legislation for England and Wales which changed the law on divorce and dissolution of civil partnership. Before the changes, two of the grounds of divorce in England and Wales were based on periods of separation: two years if both spouses consented to the divorce and five years otherwise.
In Scotland, irretrievable breakdown of the marriage for the purposes of divorce can be established in a number of ways, including non-cohabitation. The required periods of non-cohabitation were reduced by the Family Law (Scotland) Act 2006 to one year if both parties consent to the divorce and two years otherwise. The 2006 Act also reduced the non-cohabitation periods for dissolution of civil partnership.
The vast majority of divorces and dissolutions in Scotland are on the bases of non-cohabitation: Supporting documents - Civil justice statistics in Scotland 2021-22 - gov.scot (www.gov.scot) (see Divorce and Dissolutions Supplementary Tables 2021-22; tables 2 and 3).