Chamber and committees

Once a Community Payback Order (CPO) has been imposed, its management – including with regard to compliance and attendance – is a matter for the courts and local authority justice social work services.

Managing compliance effectively is critical to achievement of the purposes of a CPO. If an individual does not attend any part of their CPO, this will be investigated by justice social work services. If the reason for absence is not acceptable, this will result in the commencement of a formal warning process, which can result in the case being returned to court under breach procedures, where the court will consider the breach.

Seventy-nine per cent of orders which ended during 2021-22 did not involve any breach applications for the duration of the order. It is up to the independent courts to decide the most appropriate outcome where a CPO has been breached, based on all of the circumstances of the case, and ultimately this may include the imposition of a custodial sentence.

We are committed to ensuring the highest standards of animal welfare. Where lethal control of beavers is required to be undertaken, this must be carried out under licence by an authorised person who must have attended training in beaver ecology, the law, and best practice in beaver control as well as holding the appropriate firearms certificate. Furthermore, NatureScot now require carcasses from licensed control to be submitted for independent post mortem in order that aspects of beaver health and welfare can be monitored, other than in the exceptional circumstances where a carcass cannot safely be retrieved.

The latest available figures for the number of beavers killed are for the calendar year 2021. A summary of licence returns for 2021 is publicly available on the NatureScot website at https://www.nature.scot/doc/summary-beaver-populations-and-licence-returns-covering-period-1st-january-31st-december-2021 .

To summarise, during that period eighty seven beavers were killed under licence and thirty three animals were trapped and translocated from conflict areas to licensed projects. NatureScot intends to release the figures for 2022 as part of a Beaver Management Report planned for the end of May this year. We expect to see a further shift in the proportion of beavers being trapped and translocated as opposed to being lethally controlled.

The Scottish Government wants to see empty homes officers working across all local authorities. I can confirm that the following local authorities do not have an empty homes officer post:

• Clackmannanshire
• East Dunbartonshire
• East Lothian
• East Renfrewshire
• Midlothian
• Shetland
• West Lothian

We do not routinely collect information about empty homes officer vacancies.

There have been no recent discussions between the Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights with SafeDeposits Scotland regarding staffing levels and staff turnover. Officials engage with each of the approved schemes on a regular basis as part of monitoring compliance with the Tenancy Deposit Schemes (Scotland) Regulations 2011 and discuss a range of matters. Measures being taken by SafeDeposits Scotland in relation to customer response times following the introduction of a new IT system in July 2022 was a part of recent engagement.

A detailed analysis of the composition of household waste and other available data has been undertaken and we aim to publish an updated food waste estimate in the coming months.

Our consultation on proposals for a Waste and Circular Economy Route Map set out proposed measures to accelerate progress towards our food waste reduction target, building on our 2019 Food Waste Reduction Action Plan. We will publish a review of progress and final Route Map later this year.

Police Scotland is reviewing the project’s timings as part of their wider planning for 2023/24 and beyond.

My predecessor met with the Assistant Chief Constable on 9 February on this matter, and whilst all those involved with delivering the National Dashcam Safety Portal remain committed to implementing this important safety initiative, I have asked my officials for an urgent update from Police Scotland on this matter.

The role of the Scottish Government is to monitor each of the three deposit schemes for compliance. This includes being satisfied that the tenancy deposit schemes have clear and substantial processes in place that meet the requirements laid out in the regulations.

The three approved tenancy deposit schemes are private businesses and the Scottish Government is not involved in their business operations. We do not hold information on the salary bands of the Chief Executives.

We understand how distressing and debilitating Multiple Sclerosis (MS) can be, and we want to ensure that all people living with the condition in Scotland are able to access the best possible care and support.

The Scottish Government has committed £1.95 million to the ‘Precision-MS: Integrating precision metrics of brain health into early treatment of Multiple Sclerosis’ study. The NHS Research Scotland Neuroprogressive Network are currently supporting 11 MS Research studies - to date 258 patients have been recruited to these.

We are working hard to deliver the commitments of our Neurological Care and Support Framework 2020-25 to ensure everyone with a neurological condition can access the care and support they need to live well, on their own terms.

Through the Framework we have invested over £300k in projects specifically to improve the health and wellbeing of people with MS in Scotland.

We remain committed to commencing the Domestic Abuse (Protection) (Scotland) Act 2021 which will provide additional protection for people who are at risk of domestic abuse.

Part 1 of the 2021 Act will provide Police Scotland and the Scottish Courts and Tribunal Service with new powers that will enable a person suspected of causing harm to be removed from the home they share some or all of the time with the person at risk of harm, through a scheme of domestic abuse protection notices and orders. This is with the intention of providing breathing space for up to three months so a person at risk can consider their longer term options.

Work to commence Part 1 of the 2021 Act continues to progress with the Act Implementation Board. The Board includes representatives from Police Scotland, the Scottish Courts and Tribunals Service, Crown Office and Procurator Fiscal Service, Scottish Legal Aid Board and Scottish Women's Aid. An Operational Working Group has also been established which includes operational justice partners directly impacted by the legislation. Together the detail is being worked through to consider how a number of aspects of the legislation can best be implemented including how the views of children can be captured in a way that does not cause additional harm or trauma.

Part 2 of the 2021 Act will allow social housing landlords to apply to the court to end a sole tenancy of a perpetrator of domestic abuse or end a perpetrators interest in a joint tenancy, enabling the victim to remain in the family home. The provisions aim to help improve the immediate and longer term housing outcomes of domestic abuse victims living in social housing who wish to continue living in the family home. They also help address the very real concern as to why victims and their families, rather than the perpetrator, should have to leave their homes, belongings and community to seek safety, with the perpetrator remaining undisturbed in the family home.

Work on the wide range of tasks necessary to commence Part 2 of the 2021 Act is progressing as a priority. This includes secondary legislation, changes to court rules and forms, model tenancy agreements and the development of statutory guidance in consultation with stakeholders. The aim is to bring Part 2 of the 2021 Act into force by early 2024, subject to the necessary rules and forms of court also being in place.

There are no plans for any court closures during the current parliamentary session. The current court model provides appropriate access to justice for Scotland’s communities.

The management of the court estate is an operational matter for SCTS. SCTS have stated that there is no current evidence to support any further court closures following the most recent court closures in 2015.

Court locations can only be closed following the approval of the Scottish Parliament.