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: S5W-27258

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Tuesday, 04 February 2020
Current Status: Answered by Kevin Stewart on 19 February 2020

To ask the Scottish Government what assessment it has made of the health benefits to householders resulting from living in a house built to certified Passivhaus standard.

No assessment specific to the health benefits of living in a certified Passivhaus have been made by the Scottish Government.

Research has been carried out on behalf of Scottish Government to investigate occupier influence on indoor air quality in dwellings. The conclusions from this research informed changes to the building regulations to increase the size of background ventilators and introduce provision of a carbon dioxide monitor within new homes. The monitor should raise occupant awareness of carbon dioxide levels (and therefore other pollutants) present in their homes and of the need for them to take proactive measures to increase the ventilation.

Additional research is proposed to further understand ventilation and indoor air quality issues.

Question reference: S5W-27259

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Tuesday, 04 February 2020
Current Status: Answered by Kevin Stewart on 19 February 2020

To ask the Scottish Government what contribution the construction of new homes to certified Passivhaus standard could make to tackling the negative impacts of climate change.

The construction of new housing that has low energy use will reduce the associated carbon emissions and assist in mitigating against the impacts of climate change. A certified Passivhaus may be considered one example of such a low energy building.

In response to a 2018 ‘call for evidence’ on review of energy standards set by building regulations, the Passivhaus Trust suggested that, as a proven low-energy standard, Passivhaus could be a useful tool for the Scottish Government to achieve its carbon reduction aspirations. However, they also recognised that simply setting Passivhaus as the required standard for all new construction was unrealistic.

In response, we have committed to investigate how the principles of Passivhaus and similar low energy standards can be applied as part of review of energy standards for new homes from 2021.

Question reference: S5W-26954

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 27 January 2020

To ask the Scottish Government whether ministers are aware of the convictions of Katie Dolatowski and Karen White in 2018, and, if so, what assessment it has made of their relevance to the statements at paragraphs 10 and 11 on page 174 of its consultation paper on the Gender Recognition Reform (Scotland) Bill.

It would not be appropriate for the Scottish Government to comment on individual cases. In relation to prisons, the Scottish Prison Service carry out risk assessments when deciding where a prisoner should be housed. These risk assessments take account of risks to the individual prisoner, to other prisoners and to staff. More generally, the Scottish Government supports the single sex exceptions in the Equality Act 2010 which allow women-only services and allow services to exclude trans people when this is proportionate and in pursuit of a legitimate aim. These will not change under our proposals.

Question reference: S5W-26948

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government, further to the answer to question S5O-03951 by Shirley-Anne Somerville on 8 January 2020 (Official Report, col.18), for what reason the reference the Cabinet Secretary made to research by the University of Bristol was not cited directly in its consultation paper on the Gender Recognition Reform (Scotland) Bill.

That is not the general approach in Impact Assessments. Instead, the approach is to outline the information and the sources. Paragraphs 10 and 11 of the section on sex in the draft Equality Impact Assessment refer to the research by Dr Dunne, to specifically associate that research with what is stated in paragraphs 10 and 11. The current consultation asks a question on the draft Impact Assessments. We welcome comments on the drafts and any information consultees have on other relevant research.

Question reference: S5W-26956

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government, further to the answer to question S5O-03951 by Shirley-Anne Somerville on 8 January 2020 (Official Report, c.19) what the “strict penalties” are for anyone who abuses the use of gender recognition gained should the Gender Recognition Reform (Scotland) Bill be passed.

Section 14 of the draft Bill makes provision on offences. This provides that it is an offence for a person to knowingly make a false statutory declaration in relation to the gender recognition legislation or to include any other false information in an application for a gender recognition certificate. A person who commits any such offence is liable on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (currently £10,000) (or both) and on conviction on indictment to imprisonment for a term not exceeding 2 years or an unlimited fine (or both).

Question reference: S5W-26957

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government how it will define the circumstances in which someone fraudulently claims to be transgender, should the Gender Recognition Reform (Scotland) Bill be passed, not including issues concerning official documentation.

There is provision in section 9 of the draft Bill that an application can be made to the sheriff court to revoke a gender recognition certificate on the ground that the application for the certificate was fraudulent. There is already provision in section 8 of the Gender Recognition Act 2004 (which would be replaced for Scotland by the provision in section 9 of the draft Bill) which enables the courts to quash a gender recognition certificate on the ground that it was secured by fraud. It would be for the courts to determine whether or not an application was fraudulent, as has been the position under the 2004 Act. Some non-exhaustive situations which might result in a suggestion that an application was fraudulent could include the spouse or civil partner of the applicant saying they believe the application to be fraudulent; information being passed to the Registrar General suggesting the application was fraudulent; and the applicant boasting they had made a false declaration or application to test the system.

Question reference: S5W-26953

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government what assessment ministers have made of the relevance of the report, Female Only Provision: A Women and Girls in Scotland Report, which was published on 3 June 2019, to the statements at paragraphs 10 and 11 on page 174 of its consultation paper on the Gender Recognition Reform (Scotland) Bill.

This report covers a wide range of areas. It includes a section on prisons and the Scottish Prison Service carries out risk assessments when deciding on where prisoners should be housed. The Report also discusses the exceptions in the Equality Act 2010 which allow women-only services and allow services to exclude trans people when this is proportionate and in pursuit of a legitimate aim. As the consultation makes clear, the Scottish Government supports these exceptions. The consultation also notes that the 2010 Act is generally reserved and that it could be helpful for the UK Government to issue guidance on the exceptions.

Question reference: S5W-26951

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government whether it will provide a list of the sources it consulted before reaching the conclusions at paragraphs 10 and 11 on page 174 of its consultation paper on the Gender Recognition Reform (Scotland) Bill.

Question reference: S5W-26958

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government, further to the answer to question S5O-03951 by Shirley-Anne Somerville on 8 January 2020 (Official Report, c.18), what evidence it holds from other jurisdictions on the impact that applying a custodial sentence for a false declaration has on misuse of the system.

Countries such as the Republic of Ireland have penalties for providing false information in relation to applications for gender recognition. The Scottish Government is not aware of the gender recognition system in Ireland, where it is a criminal offence for an applicant for gender recognition to knowingly or recklessly provide information that is false or misleading, being misused. We are happy to consider any international evidence on gender recognition systems which the member or others may wish to provide.

Question reference: S5W-26947

Asked by: Joan McAlpine, MSP for South Scotland, Scottish National Party
Date lodged: Thursday, 16 January 2020
Current Status: Answered by Shirley-Anne Somerville on 24 January 2020

To ask the Scottish Government, further to the answer to question S5O-03951 by Shirley-Anne Somerville on 8 January 2020 (Official Report, c.18), to which reference in the research paper by the University of Bristol, (Trans)forming Single-Gender Services and Communal Accommodations, the Cabinet Secretary was referring when she stated “The research that has been referred to was included because of a reference within the work to show that there is no increased risk of women being attacked in single-sex spaces by trans women.”

The research is at https://research-information.bris.ac.uk/files/139271435/Bristol_Pure_Version_PD.pdf The section headed "misconduct" discusses risks and the author notes that no evidence has been identified to suggest that trans individuals as a group pose a threat of sexual violence to non-trans populations. The Scottish Government does not agree with the author of the research that exceptions in the Equality Act 2010 should be removed. However, the Scottish Government welcomes research on the inclusion of trans women in single sex spaces. The current consultation asks a specific question on the draft Impact Assessments. We welcome comments on the drafts and information consultees have on any other relevant research.