Chamber and committees

As Lord Advocate, I am head of the system for the investigation of deaths in Scotland, as well as of the system of criminal prosecution. I am, accordingly, constitutionally responsible for the investigation of sudden, unexpected, and unexplained deaths in Scotland, as well as for the prosecution of crime. These are functions which I exercise independently of any other person.

Death investigations are undertaken on my behalf by Procurators Fiscal, who act under the direction as required of Crown Counsel. Procurators Fiscal are professional lawyers, who act independently in the public interest. Crown Counsel are likewise senior lawyers who act independently in the public interest and who are responsible for prosecuting the most serious criminal cases and for providing instructions to Procurators Fiscal as required.

COPFS has established a Covid Deaths Investigation Team (CDIT), comprising COPFS staff who are experience and skilled in death investigations and/or health and safety investigations. Among the deaths which require to be reported to CDIT are deaths where the deceased was resident in a care home when the virus was contracted. CDIT works together with other agencies including the Health and Safety Executive, Local Authorities, Care Inspectorate and the Police Service of Scotland. I have appointed Crown Counsel to provide direction and instruction to CDIT as required. As in all matters with which professional prosecutors deal, they will approach the investigation into these deaths with independence and integrity.

I am confident that the arrangements which I have put in place will secure an effective and independent investigation of Covid-related care home deaths.

To save lives it is essential that vaccination be given to the first priority groups as set by the Joint Committee on Vaccination and Immunisation (JCVI), these being residents in a care home for older adults and their carers, people over the age of 80, and frontline health and social care workers.

Prioritisation by sector in not being considered for the following reasons;

• Criticality of service is not an indication for priority vaccination because clinical risk is the overriding concern. This is influenced most greatly by age, not occupation.
• Currently there is no sectoral prioritisation of any workers other than frontline health and social care workers. This is because we don’t know if the vaccine prevents spread, but it does reduce the harm to those most at risk should they catch the virus.
• Individual members of the teaching profession will be called forward for vaccination according to their position on the priority list, if they are eligible within the JCVI Cohorts regarding their age and/or underlying medical conditions (e.g. All individuals aged 16 years to 64 years with underlying health conditions which put them at higher risk of serious disease and mortality).

The JCVI list now includes staff directly involved in the direct care of children and young people with the most complex additional healthcare needs who are clinically vulnerable to severe effects of COVID. They may be at higher risk of exposure due to their close contact with those providing health and social care support, particularly those with severe neuro-disabilities. They will be eligible under category 2 of the JCVI list. This includes staff working in special schools and units, and in some cases in mainstream schools. Staff supporting these children will undertake roles which will align to the multi-agency educational and care plans for these children who are the most clinically vulnerable.

COPFS has recently published an internal ‘Life Limiting Illness Support Guidance’, which was developed in consultation with the Service’s Trade Union representatives; this provides an overview of the support which the Service provides to its employees with life limiting or terminal illnesses.

COPFS is a Disability Confident Employer and continues to work with the Trade Unions to ensure that any employees with life limiting illnesses are provided with bespoke and individualised employee support.

The Service is committed to the terms of the Fair Work Agreement between Scottish Ministers and the recognised Civil Service Unions. The Service has agreed to review how it continues to work towards fulfilling the principles and recommendations of the Dying to Work Charter in its policies.

We want to get vaccines to everyone as quickly as we can and we hope to reach all the key groups soon.

The JCVI’s advice is focussed on preventing severe illness and loss of life, first and foremost and this is why it focusses on older people and health and social care workers. The JCVI priority groups are based on either vulnerability to COVID-19, or on interacting with (and therefore possibly spreading to) people who are vulnerable to COVID-19.

The Scottish Government wants to get vaccines to everyone as quickly as we can and we hope to reach all the key groups soon. The JCVI’s initial advice is focussed on preventing severe illness and loss of life, first and foremost and this is why it focusses on older people and health and social care workers. The JCVI priority groups are based on either vulnerability to COVID-19, or on interacting with (and therefore possibly spreading to) people who are vulnerable to COVID-19.

There are currently no accounts blocked by the Scottish Government’s official Twitter account for the First Minister. There is no official Facebook Page for the First Minster.

The Scottish Government has made funding available to local authorities to support those most affected by the pandemic in their local areas. The £100 m Winter Plan Package announced on 30 November made £23.5 m available to services for vulnerable children and young people, including through direct aid to social work.

Local authorities are responsible for financially supporting foster carers to care for the needs of the children and young people in their care. Foster Carers who experience additional expenses can apply to their local authority social work department, who are best placed to assess their claims on a case by case basis.

The Scottish Government recognises the extra efforts that foster carers and others are making to ensure vulnerable children and young people receive the care and support they need during the Covid-19 pandemic.

Although we have no plans to offer a one-off payment directly to foster carers, we have made funding available to local authorities to support those most affected by the pandemic in their local areas. The £100m Winter Plan Package announced on 30 November made £23.5m available to services for vulnerable children and young people, including through direct aid to social work.

Testing is available in Scotland for anyone with COVID symptoms.

As the First Minister announced in her statement of 2 February, we are introducing an enhanced asymptomatic testing programme to break chains of transmission, support the safe return of essential services, and the safe return to schools. The groups included in this part of the Scottish Government’s testing expansion include:

• higher and further education students,
• school staff and senior phase pupils,
• early learning and childcare staff,
• healthcare workers in primary care,
• hospice staff,
• other social care setting staff,
• prison service staff,
• emergency service control rooms and NHS24 staff, and,
• food processing staff and front-facing food distribution staff.

Regular asymptomatic testing for staff at the Scottish Courts and Tribunal Service is not currently available. Further expansions to the asymptomatic testing programme is kept under constant review in line with clinical and scientific advice.

The current training programme provided by Police Scotland in Sri Lanka focuses on improving community policing and gender equality. All training is underpinned by the aim of upholding and improving human rights and all Police Scotland’s activities with the Sri Lanka Police Service are authorised in advance by the Foreign, Commonwealth & Development Office.

The programme is currently suspended due to the coronavirus pandemic and Police Scotland will re-evaluate delivery of the programme when restrictions on foreign travel are lifted. It is a matter for the Chief Constable of Police Scotland to agree the details of any training programme in Sri Lanka, and Scottish Government ministers would also consider requests for further deployments of officers, taking into consideration a range of issues, including an examination of human rights implications.