Chamber and committees

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

The following tables detail the (a) Average Occupancy (b) Design Capacity and (c) the Occupancy Rate of each prison between March 2021 to September 2021.

The Occupancy Rate and the Design Capacity rate are the average for each calendar month.

MARCH 2021

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 Inquiries into Fatal Accident and Sudden Deaths Act 2016 places a duty on a person to whom a sheriff’s recommendation is addressed to provide a response to the Scottish Courts and Tribunals Service within the period of 8 weeks after the respondent receives a copy of the determination.

The respondent must give the SCTS a response in writing either :

• setting out details of what the respondent has done or proposes to do in response to the recommendation, or
• if the respondent has not done, and does not intend to do, anything in response to the recommendation, the reasons for that.

The 2016 Act also place a duty on SCTS to publish responses to the recommendations set out in the determination.

Where a response is given the SCTS must

• publish the response in full,
• publish the response in part, together with a notice explaining that part of the response has been withheld from publication, or
• publish a notice explaining that the whole of the response is being withheld from publication.

The SCTS may withhold the whole of a response from publication only if representations are made to that effect. If no response is given by the end of the 8 week period the SCTS must publish notice of that fact.

Implementation of FAI recommendations are monitored by the annual statistics. The Scottish Parliament receives a copy of the report annually. All responses to recommendations are published and are in the public domain which includes respondents saying what has been done and if the answer is nothing, then explaining why.

The Scottish Government expects all public bodies to respond appropriately to the recommendations of a Fatal Accident Inquiry.

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 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 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.

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.

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.

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.