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: S4W-21190

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 15 May 2014
Current Status: Answered by Kenny MacAskill on 29 May 2014

To ask the Scottish Government how many times ministers have received (a) notification, (b) details and (c) copies of representations made by a prisoner to assist with the consideration of whether to grant or extend an order to remove that prisoner from association with other inmates in accordance with section 95 of the Prison and Young Offenders Institutions (Scotland) Rules 2011 in each of the last three years, broken down by (i) gender and (ii) prison.

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

“Ministers are not provided with notification, details or copies of representations made by a prisoner in consideration as whether to grant or extend an order to remove an offender from association with other offenders in accordance with Rule 95 of the Prison and Young Offenders Institutions (Scotland) Rules 2011.

The Scottish Prison Service, as an executive agency of the Scottish Government, exercises these statutory functions on behalf of Scottish Ministers in relation to Rule 95 of the Prison and Young Offenders Institutions (Scotland) Rules 2011. In practical terms a senior manager of the Scottish Prison Service Operations Directorate is responsible for approving Rule 95(11) or (12) extension applications on behalf of Scottish Ministers.

However, as Accountable Officer for the Scottish Prison Service, I am ultimately responsible for all aspects relating to operational effectiveness.”

Question reference: S4W-21188

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 15 May 2014
Current Status: Answered by Kenny MacAskill on 29 May 2014

To ask the Scottish Government how many times an order to remove a prisoner from association with other inmates in accordance with section 95 of the Prison and Young Offenders Institutions (Scotland) Rules 2011 has been revoked by a governor on the advice of a registered medical practitioner in each of the last three years, broken down by (a) gender and (b) prison.

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

“I refer the member to the answer to question S4W-21187 on 29 May 2014. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx”

Question reference: S4W-21189

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 15 May 2014
Current Status: Answered by Kenny MacAskill on 29 May 2014

To ask the Scottish Government how many times a prisoner has made representations to a governor prior to being served with an order for removal from association with other inmates in accordance with section 95 of the Prison and Young Offenders Institutions (Scotland) Rules 2011 in each of the last three years, broken down by (a) gender and (b) prison.

Question reference: S4W-21187

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 15 May 2014
Current Status: Answered by Kenny MacAskill on 29 May 2014

To ask the Scottish Government how many times a request has been made by each prison in the Scottish Prison Service (SPS) estate seeking (a) authorisation and (b) an extension for an order to remove a prisoner from association with other inmates in accordance with section 95 of the Prison and Young Offenders Institutions (Scotland) Rules 2011 in each of the last three years, broken down by gender; how many requests were (i) declined, and for what reason and (ii) authorised by (A) ministers, and (B) SPS officials, broken down by position.

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

“Rule 95(1) is applied locally by Governors and it permits a prisoner to be removed from association for a period of up to 72 hours. Extensions to this period for up to one month require authorisation by a senior manager in the Scottish Prison Service Headquarters who exercises this power on behalf of Scottish Ministers.

Any application of Rule 95(1) or its extension is recorded in the individual records of the prisoner concerned. Regrettably, this information is not readily accessible by the electronic prisoner records system. Consequently a manual search of every record would be required to provide the information you request.

However, the prisoner records system does record the number of occasions when Rule 95(1) has been applied. These figures are as follows.

	Male	Female
2011-12	499	44*
2012-13	1238	130
2013-14	1785	144**

(*Rule 95 removal from association commenced on 1 November 2011 with the commencement of the Prisoners and Young Offenders Institutions (Scotland) Rules 2011.

** The figures record the number of occasions that Rule 95 has been applied, so the same individual may be recorded on a number of occasions.)

In addition, where a prisoner has been removed from association for three months or more, their case must also be referred to the Prisoner Monitoring and Assurance Group which may provide advice on additional strategies which could be adopted to assist with the reintegration of the prisoner into the mainstream.

The Operations Directorate of the Scottish Prison Service also provides information to the Chief Executive on a bi-monthly basis detailing all prisoners removed from association for a period of three months or more.

The Scottish Prison Service regrets that the detail you request is not available. In light of this, work has been commissioned to bring forward an update to our prisoner records system.”

Question reference: S4T-00700

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 19 May 2014
Current Status: Taken in the Chamber on 20 May 2014

To ask the Scottish Government what its response is to reports of Police Scotland officers routinely carrying out duties while carrying firearms.

Question reference: S4W-20970

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 01 May 2014
Current Status: Answered by Alasdair Allan on 14 May 2014

To ask the Scottish Government, further to the answer to question S4O-02758 by Alasdair Allan on 8 January 2014 (Official Report, c. 26226), on what dates the stakeholder group reviewing Guidance on Education of Children Absent from School through Ill-health has met; when it will next meet, and when the review will be completed.

The stakeholder group involved in the review of the Guidance on Education of Children Absent from School through Ill-health has met on seven occasions in total, on 28 March 2012, 1 February 2013, 11 April 2013, 13 June 2013, 21 August 2013, 24 October 2013 and 6 December 2013.

While there are no plans to re-convene the stakeholder group, the representatives will have a further opportunity to comment on the draft guidance ahead of its publication and agree the date for publication.

Question reference: S4W-20969

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 01 May 2014
Current Status: Answered by Alasdair Allan on 14 May 2014

To ask the Scottish Government, further to the answer to question S4O-02758 by Alasdair Allan on 8 January 2014 (Official Report, c. 26226) on what date the update to Guidance on Education of Children Absent from School through Ill-health will be published, and whether it will consult on the revised document.

The intention is to publish the revised Guidance on Education of Children Absent from School through Ill-health shortly.

The revision has been developed in partnership with a stakeholder group which includes representatives from ADES, COSLA, NHS Scotland, Scotland’s Commissioner for Children and Young People, the Scottish Council of Independent Schools, Action for Sick Children Scotland, the National Parent Forum of Scotland and Education Scotland.

While it is not the intention to consult formally, the representatives from the stakeholder group will have a further opportunity to comment on the draft guidance ahead of its publication and agree the date for publication.

Question reference: S4W-20930

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Wednesday, 30 April 2014
Current Status: Answered by Michael Matheson on 8 May 2014

To ask the Scottish Government how many (a) males and (b) females have been detained in hospital under the Criminal Procedure (Scotland) Act 1995 or Mental Health (Care and Treatment) (Scotland) Act 2003 by means of (i) an assessment order, (ii) a compulsion order, (iii) a compulsory treatment order, (iv) an emergency detention certificate, (v) a hospital direction, (vi) an interim compulsion order, (vii) an interim compulsory treatment order, (viii) a compulsion order with restriction order, (ix) a short-term detention certificate, (x) a transfer for treatment direction or (xi) a treatment order, in each of the last three years.

Question reference: S4W-20651

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 03 April 2014
Current Status: Answered by Kenny MacAskill on 28 April 2014

To ask the Scottish Government what provision HMP Inverclyde will make for prisoners to receive private family visits from (a) children and (b) young relatives.

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

“As you will be aware, HMP and YOI Inverclyde is currently in design phase. The design team’s brief is to focus on activities and play facilities that are suitable for mother and child to enjoy together. The design team are working towards providing a comfortable, relaxed and family/child friendly environment, designed to enhance the overall visit experience and encourage the maintenance of links with family and friends.

It is our intention that both indoor and outdoor play areas will be provided for visits with small children. The outdoor visits garden will be accessible by all visitors and additional arrangements will also be made to provide suitable activity for older children, such as access to age appropriate reading material and other suitable activities.

Once operational, it is our intention that the visit room will be used outside normal visiting times for bonding and other child visits. These arrangements will reflect the good practices already in place at HMP and YOI Cornton Vale.”

Question reference: S4W-20346

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Wednesday, 26 March 2014
Current Status: Answered by Kenny MacAskill on 10 April 2014

To ask the Scottish Government what its position is on accommodating (a) men and (b) young offenders at HMP Inverclyde if there is a reduction in the number of female prisoners.

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

“HMP and YOI Inverclyde is being purpose designed as Scotland’s national facility for women offenders. It will provide gender specific accommodation for women of all ages, including young offenders. There are no plans to accommodate male offenders at HMP and YOI Inverclyde.”