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: S4T-01369

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 21 March 2016
Current Status: Taken in the Chamber on 22 March 2016

To ask the Scottish Government whether Police Scotland’s Counter Corruption Unit is to be abolished.

Question reference: S4W-29941

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Tuesday, 16 February 2016
Current Status: Answered by Paul Wheelhouse on 16 March 2016

To ask the Scottish Government whether it will consider changes to legal aid rules in relation to pre-trial applications for medical records as a result of Lord Glennie’s judgement of 9 February 2016 in the judicial review of a decision of the Scottish Ministers to refuse to make a determination for legal aid under section 4(2)(c) of the Legal Aid (Scotland) Act 1986.

Question reference: S4W-29935

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Tuesday, 16 February 2016
Current Status: Answered by Paul Wheelhouse on 16 March 2016

To ask the Scottish Government what its response is to Lord Glennie’s judgement of 9 February 2016 in the judicial review of a decision of the Scottish Ministers to refuse to make a determination for legal aid under section 4(2)(c) of the Legal Aid (Scotland) Act 1986.

The case that Lord Glennie’s judgement refers to dealt with representation from a complainer seeking to restrict access to her medical records in connection with a criminal case.

As the Cabinet Secretary set out at the Justice Committee on 1 March 2016, the Scottish Government will not appeal Lord Glennie’s decision. It is an important judgement that clarifies a number of issues that will lead to significant changes in procedure in cases where an application is made to recover sensitive information.

The original decision by Scottish Ministers to refuse to make a determination for legal aid was made on the basis that we considered the complainer had no standing to be involved in such a hearing as it constituted criminal proceedings.

Lord Glennie’s judgement clarified that proceedings for an order for recovery of documents were proceedings “in connection with criminal proceedings” and are not part of criminal proceedings against the accused. It was confirmed by Lord Glennie that a person whose sensitive records were sought had the right to have intimation of the application and be heard on it.

Agents acting for the complainer have been informed that a determination has been granted by Scottish Ministers for legal aid. It was important to deal with this matter first to allow the associated criminal trial to proceed without further disruption.

Interim arrangements have also been made to allow the Scottish Legal Aid Board to provide legal aid in future similar cases in appropriate circumstances for individuals whose sensitive records are being sought.

These interim arrangements have been effective since 1 March 2016 and will be in place while we develop plans to make changes to the legal aid system for cases of this nature.

Question reference: S4W-29942

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Tuesday, 16 February 2016
Current Status: Answered by Paul Wheelhouse on 16 March 2016

To ask the Scottish Government what its response is to Lord Glennie's comment in his judgement of 9 February 2016 in the judicial review of a decision of the Scottish Ministers to refuse to make a determination for legal aid under section 4(2)(c) of the Legal Aid (Scotland) Act 1986 that the ministers' decision was “founded [..] on an error of law as to the complainer’s right to be heard”.

Question reference: S4W-30354

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Friday, 04 March 2016
Current Status: Answered by John Swinney on 16 March 2016

The number of chairs of regulated public bodies appointed by ministers in each of the years 2013, 2014 and 2015, and the gender breakdown, is as follows:

Year	Women	Men	Total
2013	3	8	11
2014	2	13	15
2015	3	10	13

The proportion of women appointed to board positions is growing year on year, reaching 54% in 2015, which is creating a talented pool of board members who will be ready to step into chair positions in the future.

Question reference: S4W-30362

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 07 March 2016
Current Status: Answered by John Swinney on 16 March 2016

To ask the Scottish Government whether it will provide an update on the rollout of superfast broadband in the (a) north east and (b) rest of the country.

The Scottish Government’s Digital Scotland Superfast Broadband programme has delivered fibre broadband to more than 92,000 premises in the north east and to more than 500,000 premises in Scotland so far.

Community Broadband Scotland is also supporting a number of community-led broadband projects across the north east, including schemes in Corgarff/Glenbuchat, Moss of Cruden, Insch/Inverurie, Banchory, and expansion of the Mearns Internet Initiative.

Question reference: S4W-30361

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 07 March 2016
Current Status: Answered by John Swinney on 16 March 2016

To ask the Scottish Government what impact the ruling by Ofcom on 25 February 2016 regarding the future of BT and Openreach will have on its superfast broadband scheme.

The conclusions set out by Ofcom in relation to BT and Openreach in its strategic review of digital communications will have no appreciable impact on the delivery of the Digital Scotland Superfast Broadband (DSSB) programme.

The wholesale broadband platform being delivered through the programme will continue to be accessible to all retail providers on a regulated, non-discriminatory basis. Any specific proposals relating to Openreach’s network arising from the strategic review will apply to infrastructure delivered through the DSSB programme.

Question reference: S4W-30360

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 07 March 2016
Current Status: Answered by Jamie Hepburn on 15 March 2016

To ask the Scottish Government what action it will take in light of the publication by the Mental Welfare Commission for Scotland of the document, Report on unannounced visit to Forensic Acute and Rehabilitation wards, Royal Cornhill Hospital in Aberdeen, and what its response is to Recommendation (a) 1, regarding the hospital's use of the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Adults with Incapacity (Scotland) Act 2000 and (b) 2, regarding female patients being inappropriately placed in the Intensive Psychiatric Care Unit due to there being no forensic acute or rehabilitation beds.

This report is one of the first batch of local visit reports to be published by the Mental Welfare Commission and I welcome the commission's decision to do this.

The commission requires a response to the report's recommendations within three months of the date of the report. It is my expectation that all of the recommendations will be addressed in full.

It is the responsibility of NHS boards to plan for the services that meet the needs of the people in their area. Due to the very small numbers of female forensic patients and the high level of specialism required to care for and treat the patients, it is often clinically safer and more appropriate to provide services on a regional or national basis.

NHSScotland forensic medium secure inpatient services are provided on a regional basis, with three medium secure units: Rowanbank in Glasgow serving the west of Scotland, the Orchard Clinic in Edinburgh serving the east of Scotland and Rohallion in Perth serving the north of Scotland. Women who require conditions of medium security are admitted to either the Orchard Clinic or Rowanbank.

Provision of low secure forensic beds is the responsibility of NHS boards. It is the responsibility of the NHS board to ensure that if a women is admitted to a non-specialist ward such as Intensive Psychiatric Care Unit that their care and treatment is appropriate to their needs.

Question reference: S4W-30363

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 07 March 2016
Current Status: Answered by Jamie Hepburn on 15 March 2016

To ask the Scottish Government, in light of the NHS Grampian briefing report of June 2015, which suggested that it was due to be completed by spring 2016, whether it will provide an update on the progress that is being made with the review and redesign of child and adolescent mental health delivery arrangements in the Grampian area.

The NHS Grampian action plan on the child and adolescent mental health services (CAMHS) waiting times target includes a review and redesign of CAMHS delivery arrangements to maximise capacity and enhance partnership working across education, social work, primary care and other partners. The board have undertaken an extensive and inclusive planning process involving all stakeholders including patients and families. A final options appraisal was completed last month and the implementation arrangements have now commenced.

In December 2015 the board recruited band five nurse clinicians and a permanent consultant psychiatrist and have secured further locum medical cover and are filling other vacancies to provide additional capacity. The board is also reviewing Choice and Partnership Approach (CAPA)* job plans in relation to capacity demand for next 18-24 month period and will offer more clinical hours for 0-12 year olds from 1 March 2016.

NHS Grampian review progress twice a month against their action plan and are continuing to prioritise prioritising emergency and urgent referrals and longest waits.

*CAPA is a clinical system that brings together the active involvement of young people and their families, demand and capacity ideas and a new approach to clinical skills and job planning.

Question reference: S4W-30364

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 07 March 2016
Current Status: Answered by Jamie Hepburn on 15 March 2016

To ask the Scottish Government how many forensic (a) acute and (b) rehabilitation beds for female patients there are in (i) NHS Grampian and (ii) the rest of the country.