Questions and answers

Question reference: S5W-23346

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 22 May 2019
Current Status: Answered by John Swinney on 7 June 2019

To ask the Scottish Government, further to the answer to question S5W-23022 by John Swinney on 16 May 2019, in light of the cabinet secretary’s comment that “we take the issue of the handling of asbestos within educational establishments very seriously”, what discussions it has had or plans with the Health and Safety Executive regarding the levels of asbestos in schools and colleges.

Responsibility for the control and management of asbestos in educational establishments rests with the local authority, College Board, University Court or proprietor, as the case may be, who is the duty holder for those premises. The Health and Safety Executive (HSE) is responsible for ensuring that duty holders comply with the legislation and requirements in relation to asbestos, and offering information and advice on complying with these duties.

HSE undertakes inspections in the education sector to provide public assurance about the management of asbestos risks, and including targeted inspections to schools and universities, colleges and healthcare premises across Great Britain to test the effectiveness of the management arrangements and controls in respect of the duty to manage asbestos within buildings.

My officials are in contact with HSE to understand the outcome of recent inspections, including whether there are any concerns regarding management of asbestos by educational establishments in Scotland.

Question reference: S5W-23345

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 22 May 2019
Current Status: Answered by John Swinney on 7 June 2019

To ask the Scottish Government, further to the answer to questions S5W-16167 by Kevin Stewart on 4 May 2018 and S5W-23022 by John Swinney on 16 May 2019, in light of Mr Stewart stating that “the Scottish Government is absolutely clear that local authorities follow Health and Safety Executive recommendations for managing asbestos…I wrote to all local authorities following the publication of the Cole Report on schools to underline their obligations in relation to verifying and enforcing building regulations, technical standards and the inspection processes”, what (a) action the minister takes to ensure that councils meet these recommendations and (b) response the minister has received from each council to his letter, and, in light of this, for what reason Mr Swinney commented that information regarding the levels of asbestos in schools and colleges was “not held centrally”.

As previously stated within the answers to questions S5W-23022 and S5W-23029 on 16 May 2019, information on the levels of asbestos in Scottish schools and colleges is not held centrally as health and safety legislation, including compliance with requirements relating to the management of risks arising from asbestos, is not devolved to the Scottish Government. The Health and Safety Executive (HSE) has UK wide responsibility for enforcement of the related legislation and regulations on asbestos. Where an authority does not comply, it is for HSE to determine, in accordance with HSE enforcement policies, what enforcement action is appropriate and proportional to health and safety risk and the seriousness of the breach.

The Minister for Local Government, Housing and Planning's letter to local authorities was about addressing concerns over non-compliance with building regulations raised by the Edinburgh Schools Report. This matter was progressed through our Ministerial Working Group on Building and Fire Safety, with a public consultation last year. Initial action to reinforce the roles and responsibilities of the building standards system will be published in October.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Question reference: S5W-23348

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 22 May 2019
Current Status: Answered by John Swinney on 7 June 2019

To ask the Scottish Government, further to the answer to question S5W-23029 by John Swinney on 16 May 2019, in light of the cabinet secretary’s comment that “we take the issue of the handling of asbestos within educational establishments very seriously”, what discussions it has had or plans with those responsible for educational establishments regarding the levels of asbestos in their facilities.

HSE undertakes inspections in the education sector to provide public assurance about the management of asbestos risks, and including targeted inspections to schools and universities, colleges and healthcare premises across Great Britain to test the effectiveness of the management arrangements and controls in respect of the duty to manage asbestos within buildings.

My officials are in contact with HSE to understand the outcome of recent inspections including whether there are any concerns regarding management of asbestos by educational establishments in Scotland.

Question reference: S5W-23349

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 22 May 2019
Current Status: Answered by John Swinney on 7 June 2019

To ask the Scottish Government, further to the answer to questions S5W-23022 and S5W-23029 by John Swinney on 16 May 2019, in light of the cabinet secretary’s comment that “we take the issue of the handling of asbestos within educational establishments very seriously”, what monitoring it has carried out on the impact of asbestos on the health of (a) school pupils and staff and (b) college and university students and staff.

Question reference: S5W-23350

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 22 May 2019
Current Status: Answered by Derek Mackay on 4 June 2019

To ask the Scottish Government whether the Cabinet Secretary for Finance, Economy and Fair Work registered the meeting and dinner that he attended with property developers in Cannes in March 2019 and, if not, whether this constitutes a breach of the Ministerial Code.

The Scottish Government can confirm that the Cabinet Secretary for Finance, Economy and Fair Work attended the Investment Dinner on 12 March 2019 at MIPIM Cannes which was organised by Scottish Enterprise as part of the MIPIM 2019 programme. Attendees were comprised of public sector partners and private sector sponsors to this commercial property sector focused event with the aim of demonstrating the openness and collaboration of doing business in Scotland.

Engagements and events are an essential part of official government business. We are transparent about details of ministerial engagements and events, and routinely publish this information online as per the Scottish Ministerial Code, section 10.18.

Question reference: S5O-03331

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 29 May 2019
Current Status: Taken in the Chamber on 5 June 2019

To ask the Scottish Government how many people in Scotland earn less than the Living Wage.

Question reference: S5W-23100

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Friday, 10 May 2019
Current Status: Answered by Humza Yousaf on 29 May 2019

To ask the Scottish Government how many prisoners have been hospitalised due to the use of new psychoactive substances in each of the last five years.

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

This information is not held by the Scottish Prison Service. Responsibility and accountability for the provision of healthcare in Scottish prisons transferred to the National Health Service (NHS) in November 2011. As such, all healthcare records and management information is held by the NHS.

SPS’ Management of an Offender at Risk due to any Substance Policy (MORS) provides staff with guidance on how to manage a person at risk due to the concealment or ingestion of any substance, including Psychoactive Substances. This includes ensuring those in our care receive the appropriate medical support.

Question reference: S5W-23103

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Friday, 10 May 2019
Current Status: Answered by Humza Yousaf on 29 May 2019

To ask the Scottish Government what guidance there is for prison staff on helping prison officers who have been affected by the passive inhalation of new psychoactive substances.

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

SPS has developed Operational Guidance to support staff to better understand Psychoactive Substances, their harmful effects and how they should minimise exposure to unknown substances during the course of their duties.

Health experts in Psychoactive Substances have supported SPS in developing guidance on the appropriate first aid response and the potential longer term impact after exposure. These groups are working with us to develop harm reduction guidance for people in our care and awareness training for staff.

Question reference: S5W-23104

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Friday, 10 May 2019
Current Status: Answered by Humza Yousaf on 29 May 2019

To ask the Scottish Government how many prisoners have been convicted of offences in relation to the use of new psychoactive substances in prisons in each of the last five years.

Question reference: S5W-23101

Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
Date lodged: Friday, 10 May 2019
Current Status: Answered by Humza Yousaf on 29 May 2019

To ask the Scottish Government how many prison officers have been hospitalised due to the passive inhalation of new psychoactive substances in each of the last five years.

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

SPS began recording instances of staff requesting medical attention as a result of reported exposure to unknown substances in April 2018.

Since then there have been 86 members of staff who have sought medical attention, reporting that they have felt unwell and potentially under the influence of an unknown substance.

SPS does not hold information on how many of these staff members went on to receive hospital treatment for passive inhalation.

Chamber and committees