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: S5W-35741

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 04 March 2021
Current Status: Answered by Humza Yousaf on 12 March 2021

To ask the Scottish Government what steps it is taking to end the "rough sex" defence.

Violence against women and girls is one of the most devastating and fundamental violations of human rights, and it is vital that perpetrators are held to account. In light of this, we have strengthened the criminal law on sexual offences, increased support to victims organisations and encouraged more victims to report their experiences.

In Scotland, to claim any victim ‘consented’ to the act resulting in their injury or death is not a defence in itself to crimes of assault to injury, culpable homicide or murder. It is understood that while there have been cases where the accused has argued that the victim consented to the acts resulting in their death, these resulted in conviction for murder or culpable homicide.

Nonetheless, I recognise that there is still a perception in some quarters that the ‘rough sex’ defence exists in Scotland and we continue to keep the law under review.

Question reference: S5W-35690

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 March 2021
Current Status: Answered by Fiona Hyslop on 10 March 2021

To ask the Scottish Government whether it will review the virus transmission mitigation measures for public library staff, given that book transfers continue to operate inside these premises.

The Safer Workplaces for Public Libraries guidance was developed with the input of Public Health Scotland, as well as the public libraries sector and trade unions. The guidance is reviewed on a regular basis with the most up-to-date advice and with input from the public libraries’ sector. It emphasises the importance of undertaking robust and regular risk assessments with full input from trade unions or workforce representatives, keeping all risk mitigation measures under regular review so that workplaces continue to feel, and be, as safe as possible, as our priority remains containing the spread of the virus, saving lives and safeguarding the NHS.

It also includes specific guidance on the importance of good hand hygiene and also around book quarantining for 72 hours as per Public Health Scotland’s advice ( https://www.gov.scot/publications/coronavirus-covid-19-public-libraries-guidance/pages/operational-guide-and-checklist/#hygiene ). The amount of infectious virus on any contaminated surface is likely to have decreased significantly after this time. Evidence on coronavirus transmission due to environmental contamination is reviewed as we learn to live with this still relatively new virus.

The guidance further states that under level 4, staff who are able to work from home, must do so wherever possible, unless they are essential to support permitted services e.g. click and collect and bookable IT services.

The guidance also includes a compliance self-assessment tool which workplaces are encouraged to use: Coronavirus (COVID-19): compliance self-assessment tool - gov.scot (www.gov.scot).

Finally, to accompany the revised Strategic Framework announced by the First Minister, officials are undertaking an additional full review of this guidance.

Question reference: S5W-35187

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 12 February 2021
Current Status: Answered by Mairi Gougeon on 4 March 2021

To ask the Scottish Government what consideration it has given to the prioritisation of taxi drivers for the COVID-19 vaccine, following the vaccination of all over-50s and people with underlying health conditions.

The Scottish Government follows the Joint Committee on Vaccination and Immunisation (JCVI) Guidance in the planning of vaccine delivery. This evidence based guidance advises that the single greatest risk of mortality from COVID-19 is increasing age, and that the risk increases exponentially with age. Additionally the committee considers frontline health and social care workers who provide direct care to vulnerable people a high priority for vaccination.

The JCVI priority lists represents 99% of the preventable mortality in the United Kingdom from COVID-19 and throughout the delivery of the vaccination programme we will be guided by the clinical expertise of the JCVI, the MHRA, and our own senior clinical advisers.

At this stage in the vaccination programme every vaccine given to one of these groups would be one less vaccine given to an at-risk individual.

Question reference: S5O-05099

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 March 2021
Current Status: Taken in the Chamber on 10 March 2021

To ask the Scottish Government what action it will take to support the tourism sector in response to reports that TUI will reduce its flights to Aberdeen airport.

Question reference: S5W-35380

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by James Wolffe QC on 3 March 2021

To ask the Scottish Government, in light of the recommendation in the 2018 Inspectorate of Prosecution in Scotland paper, Thematic Report on the Victims Right to Review, whether the Crown Office and Procurator Fiscal Service notifies all victims of a decision not to prosecute their case.

The recommendation made by the Inspectorate of Prosecution was that COPFS should work towards a system of notifying all victims of decisions not to prosecute, whether through the use of IT solutions or otherwise. The Inspectorate recognised that that the rights and expectations of victims would require to be balanced with a proportionate response, that notifying all the victims of decisions not to prosecute has resource implications and that IT solutions may assist.

COPFS proactively notifies victims of decisions not to prosecute in all solemn cases and all summary cases within the specified case remit of the COPFS Victim Information and Advice (VIA) service, including Domestic Abuse and Hate Crime. COPFS advises all victims of all decisions not to prosecute on request. COPFS are exploring possible approaches to extending the current notification scheme, including possible IT solutions.

Question reference: S5W-35373

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government how much of the Victim/Witness Support budget is spent on victims' organisations that are based in the north east.

In 2020-21 £9.8 million of the £18.7 million victims / witness support budget was allocated to a range of victim support organisations.

Victim Support Scotland have local offices in Aberdeen and Dundee. The Rape Crisis Scotland National Advocacy Project also provides advocacy support in two local centres based in the north east in Aberdeen and Dundee.

National organisations such as Victim Support Scotland, Action Against Stalking, Trafficking Awareness Raising Alliance and Migrant Help, are funded to provide support to victims across the whole of Scotland, including the north east.

Question reference: S5W-35379

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government, in light of 79% of respondees to its recent consultation on the matter selecting this option, whether it will expand the number of victim statements that can be given at court to all victims of cases under solemn proceedings as well as victims of certain cases tried under summary proceedings.

The findings of the consultation will inform continued engagement with the Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service and victim support organisations on the detail of proposed changes to the Victim Statement Scheme.

The Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 provides more flexible powers to prescribe courts, offences, and the form and manner of victim statements, to enable a full range of options for change to be considered.

Question reference: S5W-35381

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government whether it will publish follow-up modelling of the number of trials in backlog, in light of the announcement that court business will be restricted until the end of March 2021.

The Scottish Courts and Tribunals Service (SCTS) publishes, on a monthly basis, a workbook that details the throughput of criminal cases and the forecast of outstanding scheduled trials in the High Court, Sheriff Court and Justice of Peace Court. This shows the impact of court restrictions and can be accessed at the following link https://www.scotcourts.gov.uk/about-the-scottish-court-service/scs-news/2021/02/16/monthly-information-on-criminal-case-throughput-for-january-2021

Question reference: S5W-35377

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government whether the next Victim Taskforce papers will include a paper, "catalogue on initiatives", which had been included in previous papers but not the most recent set.

Question reference: S5W-35375

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 22 February 2021
Current Status: Answered by Humza Yousaf on 2 March 2021

To ask the Scottish Government, further to its news release of 12 January 2021, Reforming parole, whether the proposals will extend to temporary release from prison.

The Scottish Government are committed to putting victims’ rights at the heart of the criminal justice

The content of the announcement on 12 January specifically related to changes to parole regulations.

Individuals who have joined the Victim Notification Scheme (VNS) are entitled to receive information, under section 16(3) of the Criminal Justice (Scotland) Act 2003, when the relevant prisoner is, for the first time, entitled to be considered for temporary release.

Prior to decisions on temporary release being taken, a number of checks are undertaken with the police, community based social workers, health professionals and other agencies. Individuals registered to VNS Part 2 can make written representations to SPS to help inform decisions on whether an individual is suitable for temporary release, and the information they provide can be taken into account when deciding licence conditions for an prisoners’ temporary release. Individuals who make representations should receive a letter back from SPS informing them of any licence conditions that are specific to them.

As of 1 May 2019 victims of life sentenced offenders are now able to make representations in relation to temporary release in person or orally to a member of staff of the SPS. The opportunity to make representations was previously only able to be done in writing.