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: S6W-27459

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 29 May 2024
Current Status: Answered by Siobhian Brown on 7 June 2024

To ask the Scottish Government whether it will publish any legal advice that it has received regarding the potential for any action in the Scottish courts against (a) it and (b) Police Scotland resulting from any disclosure of a non-crime hate incident.

Question reference: S6W-27789

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 23 May 2024
Current Status: Answered by Angela Constance on 7 June 2024

To ask the Scottish Government which police stations in the (a) Lothian region and (b) Edinburgh Division area have been identified as containing reinforced autoclaved aerated concrete (RAAC).

Question reference: S6W-27791

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 23 May 2024
Current Status: Answered by Angela Constance on 7 June 2024

To ask the Scottish Government whether it has ever corresponded with the Divisional Commander of Police Scotland's Edinburgh Division regarding the operational distribution of officers.

Scottish Government ministers and officials liaise with Police Scotland officers of various ranks on a regular basis. I and accompanying officials met the then Divisional Commander for Edinburgh in August 2023 as part of a short visit to the joint Police Scotland and City of Edinburgh Council operation overseeing the Edinburgh Festival Fringe.

The operational deployment of officers is however a matter for the Chief Constable. The Police and Fire Reform (Scotland) Act 2012 is very clear on this point, and that Police Scotland is accountable to the Scottish Police Authority for this, rather than to Scottish Ministers directly. These arrangements are in place to ensure public confidence that the police act independently, free from unwarranted Ministerial interference.

Question reference: S6W-27806

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 23 May 2024
Current Status: Answered by Ruth Charteris on 6 June 2024

To ask the Scottish Government what proportion of hate crime charges or hate crime aggravations have been recorded in Lothian region, to date, under the Hate Crime and Public Order (Scotland) Act 2021.

Crown Office and Procurator Fiscal Service (COPFS) uses a live, operational database to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. It is designed to meet business needs in the processing of criminal cases, rather than for statistical purposes and the information within it is structured accordingly. Information provided is at date of extract and may therefore be subject to change as data and systems are updated for operational reasons.

From 1 April to 28 May 2024, 170 hate crime charges and 615 charges with one or more hate crime aggravations in terms of the Hate Crime and Public Order (Scotland) Act 2021 have been reported to COPFS for the whole of Scotland. The total, therefore, is 785 charges.

From 1 April to 28 May 2024, 33 hate crime charges and 98 charges with one or more hate crime aggravations in terms of the Hate Crime and Public Order (Scotland) Act 2021 have been reported to COPFS in the Lothian region. For the purposes of this answer, the ‘Lothian region’ been restricted to charges reported to COPFS from the Edinburgh and Livingston Sheriff Court Districts. The total 131 hate crime charges and aggravations for Lothian region represents 16.7% of the total for the whole of Scotland.

Question reference: S6O-03573

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 05 June 2024
Current Status: Taken in the Chamber on 13 June 2024

To ask the Scottish Government when it will end the reported practice of children and young people being admitted to adult services for treatment, rather than an NHS specialist child and adolescent mental health ward.

Question reference: S6W-27429

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 May 2024
Current Status: Answered by Siobhian Brown on 4 June 2024

To ask the Scottish Government, further to the answer to the third supplementary to question S6O-03335 by Angela Constance on 24 April 2024, whether it can confirm if any non-crime hate incidents recorded by Police Scotland under the Hate Crime and Public Order (Scotland) Act 2021 will appear in any (a) disclosure and barring service check, (b) security clearance check, including a developed vetting check and (c) database check by (i) a serving officer or civil employee of Police Scotland and (ii) an employee of Disclosure Scotland, including an informal inquiry carried out with regard to current or potential employment.

In the Interim guidance published for officers on the recording of Non-Crime Hate Incidents - Police Scotland published by Police Scotland on 9 May 2024, it explains that the alleged perpetrator would usually be recorded as the ‘other party’ (unless in exceptional circumstances where there is real risk of harm or future criminal offence). When asked at the Scottish Police Authority Board Meeting on Thursday 23 May 2024 if detail on the ‘other party’ would appear on a Disclosure check, Deputy Chief Constable Alan Spiers provided reassurance that it would not.

In rare cases, Disclosure Scotland may receive other relevant information (ORI) from relevant police forces (including forces in England, Wales and Northern Ireland) when someone applies to join the PVG scheme, the ongoing monitoring of scheme members, or for an enhanced disclosure check.

ORI is used across the UK, with the UK Government having their own guidance to the police for the handling and processing of non-crime hate incidents in relation to disclosure checks. ORI about the applicant or scheme member can only be provided where the chief officer of a relevant police force reasonably believes it is relevant for the specific purpose of the disclosure and ought to be included on the disclosure certificate. The inclusion of any information Scottish police may hold on an individual is a decision for Police Scotland to make with regard to the statutory Guidance for the Chief Constable of Police Scotland.

Disclosure Scotland staff do not have access to the database on which non-crime hate incidents are recorded.

Question reference: S6W-27678

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 May 2024
Current Status: Answered by Siobhian Brown on 4 June 2024

To ask the Scottish Government whether it has been the subject of any civil action in Scottish courts by a person in relation to them having a non-crime hate incident recorded against them; if so, how many such cases are currently in process, and how many cases that have concluded resulted in a ruling in favour of the person bringing the action.

Question reference: S6W-27425

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 May 2024
Current Status: Answered by Paul McLennan on 4 June 2024

To ask the Scottish Government, in relation to any reports that it has received regarding the implementation of the new repairing standards on fire and electrical safety, whether it has been made aware of any adverse personal and/or professional circumstances that have resulted from the new standards.

In the course of correspondence that the Scottish Government receives from the public and professional bodies on a range of matters, a few of those correspondence has highlighted the challenges of meeting some of the obligations that have come into effect from March 2024. Scottish Government officials are in contact where that is the case to explain the obligations and provide further clarification as may be required.

There are no new Repairing Standard requirements on fire safety.

Question reference: S6W-27424

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 May 2024
Current Status: Answered by Paul McLennan on 4 June 2024

To ask the Scottish Government what measures it has put in place to monitor the implementation of the new repairing standards in relation to fire and electrical safety, and, if it is the case that this is the responsibility of local authorities, what requirements exist for local authorities to report their findings to the Scottish Government.

Private residential landlords in Scotland are required to register with their local authority under Part 8 of the Antisocial Behaviour etc. (Scotland Act) 2004 and pass the fit and proper person test. One of the considerations in the fit and proper person test is whether the applicant has contravened any provision of housing law. Landlords have a duty to ensure that property they let meets the Repairing Standard and Tolerable Standard at the start and at all times during a tenancy.

Responsibility for enforcement of the Repairing Standard lies with the First-tier Tribunal for Scotland (Housing and Property Chamber). Scottish Courts and Tribunals Service staff carry out the administration of that tribunal.

The First Tier Tribunal will notify the relevant local authority when an application for a determination on the repairing standard is received. It is the responsibility of the local authority to investigate and take any necessary action where standards are not being met.

Enforcement arrangements for all elements of the Repairing Standard are set out in the Housing (Scotland) Act 2006.

There are no new requirements for fire safety in the Repairing Standard.

There are currently no requirements for local authorities to report to Scottish Government on the Repairing Standard.

Question reference: S6W-27432

Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 17 May 2024
Current Status: Answered by Siobhian Brown on 4 June 2024

To ask the Scottish Government what data destruction methods and processes Police Scotland would employ to delete any recorded non-crime hate incident where it had been found not to have met the threshold for being so recorded.