Questions and answers

Question reference: S5W-02167

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 26 August 2016
Current Status: Answered by Humza Yousaf on 20 September 2016

To ask the Scottish Government whether someone boarding a train with the intention of buying a ticket onboard can be fined for pre-meditated fraud.

Under the National Rail Conditions of carriage customers who board at a station without ticket buying facilities will access the full range of fares inclusive of discounted tickets. Boarding a train where ticket buying options are in place and operational, customers give up the right to discounted fares as described above.

There are various pieces of legislation or Common Law with which rail companies and British Transport Police can seek to recover the value of the journey or to prosecute and recognise the dishonest actions of the errant passenger. This can be pursued through either Common Law Fraud means, or via railway-specific legislation and Byelaws (as below).

Common Law Fraud -

A catch-all offence, including attempts that can cover the same elements as the Regulation of Railways Act 1889 offences (see below) whilst recognising a level of felonious intent perhaps missing in some statutory offences.

Might recognise level of planning or activity involved in avoiding payment, or misrepresenting the extent of a journey paid for, the altering of tickets.

Higher tariff penalties including imprisonment.

Regulation of Railways Act 1889 - Section five creates the following offences

Travelling/attempting to travel on the railway without having previously paid the fare and with intent to avoid payment;

Having paid the fare for a certain distance, knowingly and willingly proceeding by train beyond that distance without paying the additional fare and with intent to avoid payment;

Having failed to pay the fare, giving a false name and address in reply to a request from an officer of the railway.

Railway Byelaws 2005 -

The byelaws cover various ticket offences whilst describing circumstances whereby a passenger may start a journey without a ticket (no provision of purchase/validation facilities etc).

Question reference: S5W-02172

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 26 August 2016
Current Status: Answered by Humza Yousaf on 20 September 2016

To ask the Scottish Government how many train stations (a) are unstaffed and (b) do not have a ticket machine.

The total number of ScotRail stations is 354 of which 214 are unstaffed. 149 of the 214 unstaffed stations do not have a ticket vending machine. In total 185 of 354 ScotRail operated stations do not yet have ticket vending Machines.

There are also ticket vending machines at non-ScotRail locations such as Glasgow Central high level, Edinburgh Waverley, Edinburgh tourist information, Edinburgh Airport and Glasgow Airport.

Question reference: S5W-02169

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 26 August 2016
Current Status: Answered by Humza Yousaf on 20 September 2016

To ask the Scottish Government how it defines pre-meditated fraud on Scotland’s railways.

Pre-meditated fraud in Scotland’s railways is defined by the Regulation of Railways Act 1889 (Section 5.3(a)), and Railway byelaws.

I refer the member to the answer to question S5W-02167 on 20 September 2016. 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-02171

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 26 August 2016
Current Status: Answered by Humza Yousaf on 20 September 2016

To ask the Scottish Government whether someone boarding a train at (a) an unstaffed station or (b) a station without a ticket machine can be fined for pre-meditated fraud.

This is not pre-meditated fraud and would not be treated as such by ScotRail. Where there are no ticket issuing facilities at the station, tickets will be available for sale during or at the end of the journey. This is in accordance with the National Rail Conditions of Carriage, which apply to all train operating companies in the UK, and Byelaw 18 (Ticketless travel in a non-compulsory ticket area).

I refer the Member to the answer to question S5W-02167 on 20 September 2016. 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-02168

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 26 August 2016
Current Status: Answered by Humza Yousaf on 20 September 2016

To ask the Scottish Government how many passengers have been fined for pre-meditated fraud on the railways in each month since fines were introduced.

The current franchise agreement does not allow the franchisee to introduce penalty fares on either the ScotRail or Caledonian Sleeper franchises.

I refer the member to the answer to question S5W-02167 on 20 September 2016. 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-02071

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 19 August 2016
Current Status: Answered by Humza Yousaf on 16 September 2016

To ask the Scottish Government in what circumstances local bus services could be transferred to community control under the Community Empowerment (Scotland) Act 2015.

Question reference: S5W-02121

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 24 August 2016
Current Status: Answered by Humza Yousaf on 15 September 2016

To ask the Scottish Government what progress is being made with its plans to extend cycling training (bikeability) schemes.

Cycling Scotland manages the national Bikeability Scotland cycle training programme on behalf of the Scottish Government, funded through Transport Scotland and the Directorate for Learning. The following table contains the latest data available and outlines progress for levels one and two. Level three training take place in secondary schools, however Cycling Scotland does not currently have data on delivery of Level three.

	2012-13	2013-14	2014-15
Percentage of schools offering level one	15.5% (273 schools)	21.2% (398 schools)	25.2% (470 schools)
Percentage of schools offering level two	35.2% (662 schools)	37.4% (701 schools)	40.1% (749 schools)

Question reference: S5W-02075

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Friday, 19 August 2016
Current Status: Answered by Shona Robison on 15 September 2016

To ask the Scottish Government what powers it has to ensure that service reductions recently proposed by NHS Greater Glasgow and Clyde are not implemented.

The planning and provision of local healthcare services are for NHS boards and their planning partners, in line with national policies, guidelines and frameworks.

Whilst Ministers are conferred with over-arching powers of direction, there is nothing in statute which specifically gives Ministers authorising powers in relation to NHS service change. The legal basis used to underpin the current authorisation regime and guidance on service change is founded in NHS boards’ statutory duties of participation, i.e. the public involvement duties given to them in the NHS Reform (Scotland) Act 2004. The Scottish Health Council (part of Healthcare Improvement Scotland) was established in statute to support and advise NHS boards’ practice and to quality assure the public involvement process.

Within this context, NHS boards adhere to national guidance (CEL (2010) 4) which can be accessed at: http://www.sehd.scot.nhs.uk/mels/CEL2010_04.pdf. This guidance details expectations around appropriate public engagement in potential service change. Such potential changes are designated either major or non-major. Cases designated as major must be informed by formal public consultation (usually no less than three months) and are ultimately subject to Ministerial approval.

Question reference: S5O-00175

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 14 September 2016
Current Status: Taken in the Chamber on 22 September 2016

To ask the Scottish Government what action it is taking to improve performance on Scotland's railways.

Question reference: S5W-02123

Asked by: Neil Bibby, MSP for West Scotland, Scottish Labour
Date lodged: Wednesday, 24 August 2016
Current Status: Answered by Aileen Campbell on 14 September 2016

To ask the Scottish Government what progress is being made with the implementation of the national walking strategy.

The National Walking Strategy Action Plan was launched on 3 March 2016, along with a website (www.stepchangescot.scot) and supporting infographic. This action plan is a high level plan that has been developed to assist in the delivery of National Walking Strategy. A National Walking Strategy Delivery Forum is overseeing the delivery of the action plan and has met three times to date, most recently on 23 August 2016.

The forum is seeing strong progress against the strategy’s overarching aim to create a culture where everyone walks more often as we look to build on the increase in the proportion of adults walking for recreational purposes as evidenced in the Scottish Household Survey (from 56% in 2008 to 64% in 2014).

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