Chamber and committees

Determinations by Sheriffs are a matter of judicial independence and it would not be appropriate for Scottish Government to comment on specific determinations or the approach of the judiciary in general. The Sheriff has heard the evidence and is the only one in a position to decide if recommendations are necessary. In individual cases, the Sheriff may conclude, given the particular circumstances, that no recommendation should be made.

Whilst statistical data in this report points to differences between Sheriffdoms in the rate of making findings, the report noted that ‘The numbers here are too small to assess statistical significance and therefore qualitative investigation will be a priority of future research.’

We welcome this future research and will give consideration to the findings.

As a Government, we take deaths in custody very seriously, which is why the former Cabinet Secretary for Justice asked the HM Chief Inspector of Prisons for Scotland to undertake two independent reviews on deaths in custody.

Fatal Accident Inquiries play a significant role in ensuring there are systems to safeguard and protect those held in legal custody. However, they are just one part of the system for scrutinising deaths in custody. In addition, the prison service, with the NHS and other relevant organisations, carry out a Death in Prison Learning Audit and Review meeting normally within 12 weeks of all deaths in custody. This provides a system for recording any learning and identified actions from individual incidents.

The Scottish Courts and Tribunals Service received a response to 17 of the 18 recommendations (determinations) made by the Sheriff, within 8 weeks of publication of the determination, as per the statutory requirement.

The implementation of any recommendations made by the Sheriff is primarily the responsibility of the respective organisation at which the recommendation was aimed.

In 1 of the 18 determinations, no response was received by the Scottish Courts and Tribunals Service within the 8 week statutory period. The Scottish Courts and Tribunals Service published a notice under Section 28(7) of the 2016 Act to this end.

The dataset which was used to advise of the number of fatal accident inquiry recommendations is the Fatal Accident Inquiry Report 2020-2021. The statistics that inform the report are compiled by Scottish Courts and Tribunals Service and confirmed with Crown Office and Procurator Fiscal Service.

The report was laid before the Scottish Parliament on 17 June 2021 and published on the Scottish Government website gov.scot.

Fatal Accident Inquiries (FAIs): statistics 2020-2021 - gov.scot (www.gov.scot)

The published information is set out below.

The statistics for the period 1 April 2020 to 31 March 2021 for Fatal Accident Inquiries under the 2016 Act are as follows.

• Number of FAIs that ended during the year: 61
• Number in which recommendations requiring a response were made: 8
• Number of such recommendations made: 18
• Number of such recommendations in relation which a response was received by SCTS under section 28(1): 17
• Number of such recommendations in relation to which a notice was published by SCTS under section 28(7) (signalling that no response was received): 1

All 2016 Act determinations, recommendations and responses are accessible from the Scottish Courts and Tribunals Service web portal at: http://www.scotcourts.gov.uk/the-courts/sheriff-court/fatal-accidents

The following table details how many vehicles have been in the Government Car Service (GCS) fleet since 2020/21 to date, broken down by Ultra-low emission vehicles (ULEV’s

Emissions data for offshore oil and gas is part of the UK Government’s Greenhouse Gas inventory and is therefore required to decarbonise by 2050. Only refinery and onshore emissions data is part of Scottish Government’s inventory.

We recognise that countries around the world cannot continue to maximise economic recovery of fossil fuels if the Paris aims are to be met. As the First Minister said last week our focus will now be on achieving the fastest possible just transition for the oil and gas sector - one that delivers jobs and economic benefit, ensures our energy security, and meets our climate obligations.

That is why we have committed to undertaking a programme of work to better understand Scotland’s energy requirements as we transition to net zero and how this aligns with our climate change targets. We recognised that our vision and roadmap for the energy sector can’t happen in isolation - a Just Transition Plan for Energy will be at the heart of our refreshed Energy Strategy, publishing as one coherent document in 2022. The principle underpinning it will be the one already encapsulated in our Co-operation Agreement - that unlimited extraction of fossil fuels, or maximum economic recovery in UK policy terms, is not consistent with our climate obligations.

Through the LEZ support fund, eligible households disposing of a non-LEZ compliant car can claim a cash grant, plus up to £500 per adult in ‘Travel Better’ vouchers towards the cost of a range of travel options such as rail pass, bus pass, bike, car hire, or bike hire.

As eBikes are more expensive than the £500 ‘Travel Better’ grant, applicants can use the 'Travel Better' grant to part-fund the cost of an eBike and pay the additional costs themselves.

We have received 63 applications for part-funding purchases of eBikes and 63 grants have been approved as of 21 October 2021. A further 3 ‘Travel better’ grants have been also been given towards the cost of recycled/repurposed eBikes.

Applications for part-funding of eBikes represent 17% of all ‘travel better’ grants approved.

I have asked Teresa Medhurst, Interim Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The Throughcare Support Service was introduced in 2015 and until its suspension on 13 September 2019, comprised of 3 Regional Managers and 42.1 (FTE) TSS Officers.

Between 2015-2019 a small number of staff rotated in and out of these roles and undertook training as part of the recruitment process. However, no new staff have been trained or employed to provide SPS Throughcare Support Services since the suspension of these services in 2019.

Over the past decade the Scottish Government has invested over £50 million in ChargePlace Scotland, a publicly available network of electric vehicle charging infrastructure which now consists of over 2,000 charge points across Scotland. This has enabled us to create a comprehensive network ahead of demand. The majority of investment has been delivered through local authorities, who are responsible for planning the roll out of electric vehicle charging infrastructure, taking into account local needs and considering existing and projected demand within their area.

Until recently, commercial investment in charge points has been restricted due to factors such as uncertain returns on investment as the market for electric vehicles matures. As a result, any investments will have been limited to locations with unique market characteristics.

Over the summer we published a joint report with the Scottish Futures Trust setting out the opportunities for growth of the electric vehicle public charging market. The report noted that increased levels of commercial investment can now be anticipated in many parts of Scotland, and will indeed be required as demand for electric vehicles increases. The report also explores areas where the commercial market will be slower to mature, and the role of public sector in such circumstances.

Transport Scotland are working with Scottish Futures Trust and industry to consider the most appropriate structures and approach to growing and developing charging infrastructure, lever commercial investment and engaging commercial operators to develop the public electric vehicle charge point network at scale and at speed across all of Scotland.

While the Scottish Government doesn’t hold specific information on where commercial investments are planned across Scotland, the Scottish Transport Statistics that are published annually provide information on the number of ChargePlace Scotland charge points by local authority area.

The proposed licensing legislation will establish a licensing scheme: to ensure short-term lets are safe and address issues faced by neighbours; and facilitate local authorities in knowing and understanding what is happening in their area, as well as to assist with handling complaints effectively. In broad terms, the licensing scheme applies to the use of dwellinghouses and unconventional accommodation, such as yurts or pods, for short-term lets.

The licensing scheme was never intended to regulate all forms of tourist or other accommodation. It is important that all forms of accommodation are safe and there are a number of regulatory mechanisms and safeguards across different accommodation types to help to ensure this is the case.

COPFS has noted the findings of the study. The statistics quoted in that study indicate that the average time taken to complete an FAI in 2017-19 was at its lowest figure since the period 2005-07. That figure – 603 days – was more than one third lower than the figure (990) from the previous period which predated the introduction of the 2016 Act.

COPFS is committed to reducing the timescale for commencing FAIs, including those arising from deaths in custody, whilst ensuring that the circumstances surrounding each death are thoroughly investigated. COPFS has introduced a number of measures since the implementation of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 to reduce the average time taken to complete FAIs. Funding for the overall COPFS budget has been increased in recent years to help support the progress of these and other investigations. Dedicated teams were set up within the Scottish Fatalities Investigation Unit of Crown Office to specifically investigate deaths where an FAI requires to be held. A Case Management Panel ensures there is regular oversight of all deaths in custody investigations by senior managers on a regular basis. These reforms have already resulted in reductions in the duration of death investigations and it is expected that they will continue to do so.

In addition, a dedicated Crown Office team is to be established to investigate all deaths in legal custody. It is anticipated that such a team will allow for accelerated processes for particular categories of death and greater scope for conjoining FAIs and will reduce the time taken to conclude these investigations.