Chamber and committees

The Scottish Government has not had any discussions with the UK Government regarding town boards in Scotland. The Deputy First Minister and Cabinet Secretary for Wellbeing Economy, Fair Work and Energy have written a joint letter to the Secretary of State for Levelling Up, Housing and Communities, asking for a discussion on how UK Government plan to provide appropriate governance for the Long Term Plan for Towns in Scotland.

Offshore Oil and Gas Licensing is reserved to the UK Government.

As at 28 September 2023, no whole organs (including brains) are being retained following a post mortem examination instructed by the Procurator Fiscal.

Human tissue samples are obtained in the majority of post mortem examinations instructed by the Procurator Fiscal, but only where necessary to assist in confirming the deceased’s cause of death, identify inherited genetic conditions or to establish identification through DNA.

It is a matter for the pathologist conducting the post mortem examination to decide whether it is necessary to obtain tissue samples in order for them to instruct further tests or examinations to clarify the cause of death. The pathologist will make the decision whether any organs require to be removed during the examination for further testing, either whole organs, or small samples from organs. At the conclusion of the Procurator Fiscal’s investigation, by virtue of the Human Tissue (Scotland) Act 2006 any blocks and slides prepared for the purposes of histopathology (examination of the tissue under a microscope to detect any signs of disease, damage or other abnormalities) are considered to be part of the medical records of the deceased person. No samples that are retained are kept by COPFS and they are instead retained by the NHS.

COPFS keeps a record of all cases where a pathologist has decided that it is necessary to retain a whole organ during a post mortem examination. This record also includes details of when an organ is returned to the family of the deceased at the conclusion of examinations.

It is not possible to provide an exact figure of the number of other samples currently being retained.

In Scotland, the Scottish Medicines Consortium (SMC) appraises the clinical and cost-effectiveness of newly licensed medicines. Following a full submission for rimegepant (Vydura ® ) for the acute treatment of migraine with or without aura in adults, the SMC issued ‘accepted for restricted use’ advice for routine use of this medicine in NHS Scotland on 9 May 2023.

The SMC restriction is that the use of this medicine should be restricted to patients who have had inadequate symptom relief after trials of at least two triptans (a group of medicines used to treat migraine or headache), or in whom triptans are contraindicated or not tolerated; and have inadequate pain relief with non-steroidal anti-inflammatory drugs (NSAIDs) and paracetamol. Final draft guidance on routine use of this medicine in NHS England issued by the National Institute for Health and Care Excellence (NICE) is similar to that issued for Scotland.

We understand the distress and pain that migraines cause and want to ensure that everyone living with this debilitating condition can access the best possible care and support.

The Scottish Government awarded a further £135,501 to the Migraine Trust in October 2023 through our Neurological Care and Support: Framework for Action for 2023-2024 towards their work with pharmacists in NHS Grampian to help people manage their symptoms and treatments more effectively.

We understand the distress and pain that migraines cause and want to ensure that everyone living with this debilitating condition can access the best possible care and support.

The Neurology Specialty Delivery Group (SDG), commissioned via the National Centre for Sustainable Delivery, has developed a national pathway for headache, including migraine, which will be published and implemented this autumn.

Pathologists will only retain whole organs on rare occasions when it is absolutely necessary to establish a cause of death. In such cases, there are well-established procedures for ensuring that families are immediately advised when organ retention is a possibility and the options for return of that organ are discussed with them.

It is a matter for the pathologist conducting the post mortem examination to decide whether it is necessary to remove a whole organ, such as the brain, from the body of a deceased person during a post mortem examination for further testing. COPFS keeps a record of all cases where a pathologist has decided that it is necessary to retain a whole organ during a post mortem examination. This record includes details of when an organ is returned to the family of the deceased at the conclusion of examinations.

Between 1 January and 31 August 2023, COPFS instructed 4,460 post mortem examinations.

The brain required to be retained by the pathologist for further examination to determine the cause of death in one of those cases. That brain is no longer retained by the pathologist and was released to the nearest relatives in accordance with their wishes.

In 400 of those 4,460 cases, temporary removal of the brain by the pathologist during the post mortem examination took place to enable samples to be taken for neuropathological examination. In each case, the brain was returned to the body prior to the conclusion of the post mortem examination and the release of the deceased’s body to their nearest relatives.

Between 1 January and 31 August 2023, COPFS instructed 4,460 post mortem examinations. Of those, 383 were conducted by way of a non-invasive examination.

Procurators Fiscal do not seek the consent of nearest relatives for a post mortem examination to be instructed. A post-mortem examination may be required to determine the cause of death, to ensure the circumstances surrounding the death are fully investigated and to exclude criminality. Whilst the views of the family will be sought and taken into account, the final decision as to whether it is necessary for a post mortem examination to be carried out is for the Procurator Fiscal as part of their independent role in investigating the person’s death. Any views expressed by relatives in relation to the conducting of a post mortem examination are recorded, usually within the report submitted by Police Scotland to the Procurator Fiscal. Further information cannot be provided as that would require a manual check to be made of every case where a post mortem examination was instructed.

While the decision regarding the necessity to instruct a post mortem examination is made by the Procurator Fiscal, and in certain deaths, such as homicides where criminality is being investigated, the Procurator Fiscal must specify certain requirements of the examination to ensure that any evidence obtained meets the required criminal standard, it is a matter for the pathologist, as the medical practitioner responsible for establishing the cause of death, to conduct the examination in the most appropriate manner to ascertain the cause of death accurately.

It is also a matter for the pathologist to decide, during the examination, whether it is necessary to obtain tissue samples in order for them to instruct further tests or examinations to clarify the cause of death. The pathologist will make the decision as whether any organs require to be removed during a post mortem examination for further testing, whether in the form of whole organs, or small samples from organs.

No samples that are retained are kept by COPFS and they are instead retained by the NHS as part of the deceased’s medical records.

COPFS keeps a record of all cases where a pathologist has decided that it is necessary to retain a whole organ during a post mortem examination. This record also includes details of when the organs are returned to the family of the deceased at the conclusion of examinations.

Work to develop the Abortion Services (Safe Access Zones) (Scotland) Bill is drawing on a range of officials across the organisation who will contribute to varying extents as part of their wider responsibilities in supporting the Scottish Government. The exact number of officials contributing as part of their wider responsibilities cannot be set out as the Scottish Government has no need to record this information.

I am delighted that the Bill has now been introduced to Parliament. This marks the culmination of a wealth of work undertaken in the past 18 months by Ms Mackay and her team, supported by the Scottish Government. Whilst introduction is a significant milestone for the Bill, I am mindful that it is one step in the Parliamentary journey and there will be considerable work ahead. The Scottish Government will continue to offer Ms Mackay every support as that work progresses.

The information requested is not held centrally. Pupil Equity Funding empowers headteachers, who know their children best, to provide targeted additional support for children and young people impacted by poverty to achieve their full potential, focusing on targeted improvement activity in literacy, numeracy and health and wellbeing. As set out in the refreshed 2023 National PEF Operational Guidance, intended to help schools plan how they will most effectively and fully invest their Pupil Equity Funding to improve the educational outcomes of children affected by poverty, schools are expected to incorporate details of their Pupil Equity Funding plans and explicitly report on the impact on outcomes for learners impacted by poverty. This should be done within existing local authority reporting processes to their Parent Council and Forum, including in their annual School Improvement Plans and Standards and Quality Reports. These plans and reports must be made publicly available so that parents and carers can easily access, understand and where appropriate, challenge, what is happening in their school with regard to Pupil Equity Funding.