Questions and answers

Question reference: S6W-37961

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 29 May 2025
Current Status: Answered by Fiona Hyslop on 10 June 2025

To ask the Scottish Government how it evaluates the effectiveness of Transport Scotland’s delivery and oversight of the Blue Badge scheme across local authorities.

Question reference: S6W-37948

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 May 2025
Current Status: Answered by Jenni Minto on 10 June 2025

To ask the Scottish Government what policies and procedures are in place regarding the storage, use, and disposal of tissue samples from non-suspicious deaths, and what safeguards exist to ensure that the consent and rights of the next of kin are respected.

Part 2 of the Human Tissue Act (Scotland) 2006 makes provision for post-mortem examinations for non-suspicious deaths including the requirement that any hospital-arranged post-mortem may only be carried out if authorisation is obtained from the nearest relative of the deceased or the deceased themselves in advance of death.

Failure to comply with the 2006 Act is an offence. Any authorisation given under the 2006 Act may also include such conditions as the party authorising the matter specifies, such as agreement to retain tissue samples as part of the medical record. It is the duty of those carrying out any authorised activity to do so, in so far as reasonably practicable, in accordance with the specified conditions.

The consent of the nearest relative is not required for a Procurator Fiscal-instructed post-mortem, however the views of the family will be taken into account when making a decision on whether or not to instruct a post-mortem.

Question reference: S6W-38131

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Monday, 02 June 2025
Current Status: Answered by Ivan McKee on 9 June 2025

To ask the Scottish Government whether it will review the rateable value threshold for business rates relief, in light of reported concerns that approximately one third of grassroots music venues in Scotland will not qualify for relief under the current £51,000 threshold.

The Scottish Government has no plans to revisit the non-domestic rates relief policies announced for 2025-26.

In recognition of the challenges faced by smaller music venues, and the crossover with parts of the hospitality sector such as pubs and nightclubs, the Scottish Budget 2025-26 announced that music venues with a capacity of up to 1,500 will be eligible for the new 40% hospitality relief from 1 April 2025 where the property meets the other eligibility criteria for this relief, including the £51,000 rateable value threshold which aligns with the threshold for the Basic Property Rate. We estimate that up to 13,000 properties in Scotland could benefit from hospitality reliefs this year.

In addition to hospitality reliefs, the package of reliefs available in 2025-26 also includes the Small Business Bonus Scheme which remains the most generous relief of its kind in the UK. Around half of the properties in the retail, hospitality and leisure sectors are expected to be eligible for 100% Small Business Bonus Scheme relief this year.

Question reference: S6W-37949

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 May 2025
Current Status: Answered by Dorothy Bain on 5 June 2025

To ask the Scottish Government whether it will consider removing non-suspicious deaths from the remit of the Crown Office and Procurator Fiscal Service.

COPFS understands the impact that the loss of a loved one can have on bereaved families.

The Procurator Fiscal will investigate every death reported to us thoroughly and independently to establish what happened and consider whether criminal proceedings or a Fatal Accident Inquiry (FAI) would be appropriate.

It is a strength of the Scottish system, which reflects a common European model, that death investigations are undertaken by a public prosecutor. That investigation may, depending on the circumstances, disclose a basis for criminal proceedings.

More than 13,000 deaths are reported to COPFS each year. In 2024-25, 98% of deaths where no investigation was required were closed within 6 weeks and 71% where further investigation was required were concluded within 12 weeks.

COPFS has significantly reformed its processes in recent years to improve the quality of death investigations and reduce the time taken to investigate deaths and bring FAIs to court. We are committed to identifying further improvements that can be made. A Death Investigations Improvement Board has been established to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, improve the service delivered to bereaved relatives and reduce the journey time for concluding investigations.

Question reference: S6W-37950

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 May 2025
Current Status: Answered by Dorothy Bain on 5 June 2025

To ask the Scottish Government whether it plans to expand the use of non-invasive post-mortem technologies, such as CT scanners, for non-suspicious deaths.

COPFS rely on pathology providers as the medical experts to determine the nature and extent of the examination required to establish a cause of death.

COPFS would support any proposals where evidence is provided that a particular approach would fully meet the requirements of our investigation in a timely and cost-effective manner, whilst reducing distress to families from the post mortem examination process.

The potential further use of CT scanners has formed part of regular discussions with the current pathology providers. From May 2025, Glasgow University Pathology and NHS Greater Glasgow & Clyde Health Board will undertake a service development pilot to investigate the potential benefits of incorporating CT scanning in Procurator Fiscal-instructed post mortem examinations taking place at the Queen Elizabeth University Hospital Mortuary in Glasgow. The findings of the pilot will be considered by COPFS as part of its future planning.

Question reference: S6W-37964

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 29 May 2025
Current Status: Answered by Fiona Hyslop on 5 June 2025

To ask the Scottish Government whether it is a statutory requirement for local authorities to collaborate with (a) healthcare professionals and (b) independent mobility assessors in the administration of the Blue Badge scheme.

While there is no statutory requirement, the decision on whether an applicant should have further assessment is a decision for the local authority to make. Blue badge administrators may use desk-based screening tools to inform decisions and identify which applicants should be referred to regulated health care professionals.

Transport Scotland considers it good practice for local authorities to refer applicants for an independent mobility assessment, if that is required to make a clear and robust decision on eligibility.

Question reference: S6O-04732

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2025
Current Status: Taken in the Chamber on 29 May 2025

To ask the Scottish Government when it will meet with the Equality and Human Rights Commission regarding its recently published consultation on updating the Code of Practice for services, public functions and associations, following the recent Supreme Court ruling.

Question reference: S6W-37406

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Thursday, 08 May 2025
Current Status: Answered by Jenny Gilruth on 19 May 2025

To ask the Scottish Government whether it plans to introduce information on the dangers of methanol poisoning to the school curriculum.

We are committed to ensuring that children and young people have the opportunity to learn about substance use and its impact on life choices and health. Curriculum for Excellence already provides the opportunity to explore the risks associated with a variety of substances including alcohol, medicines, drugs, tobacco and solvents. We recognise that education alone will not resolve the harmful abuse of substances, but it is an important strand within a broad range of measures across communities that are designed to tackle this issue.

There are no plans to introduce information on the dangers of methanol poisoning to the school curriculum. We do not take a prescriptive approach to the curriculum in Scotland and it is up to individual schools and local authorities to design approaches to help them deliver relevant and engaging learning.

Following the announcement in December 2023, Education Scotland has been leading on development and delivery of the new Curriculum Improvement Cycle (CIC). This represents a planned and systemic approach to strengthening the curriculum to ensure it remains forward looking, and supports more consistent teaching and learning experiences and improved attainment and achievement of our children and young people. The CIC, which covers all curricular areas including Health and Wellbeing (HWB), is considering all curricular areas and key aspects – including the subject area of HWB, where work is already underway, drawing on robust interrogation of evidence and a co-design process with practitioners and wider stakeholders.

Question reference: S6W-37357

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 06 May 2025
Current Status: Answered by Jenny Gilruth on 19 May 2025

To ask the Scottish Government what communication it has had with local authorities regarding its review of the guidance on mothballing, and whether it has advised any local authorities to pause any mothballing proposals until they receive updated guidance from it.

Statutory responsibility for decisions about the learning estate, including mothballing, rest with local authorities. The Scottish Government issues guidance to support local authorities’ implementation of their statutory responsibilities.

As the First Minister stated on 24 April, we are reviewing current guidance on the mothballing of schools and nurseries to provide greater clarity on whether it is an appropriate action to take. Scottish Government officials have regular engagement with local authorities and their representative bodies on a range of issues, including mothballing, and Ministers are considering a range of local government and stakeholder views on mothballing through the review process.

We will update Parliament further on this work in due course. While the review is underway, the existing guidance on mothballing (which is included in the Statutory Guidance on the Schools Consultation (Scotland) Act 200) remains in place.

Question reference: S6W-37356

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 06 May 2025
Current Status: Answered by Jenny Gilruth on 19 May 2025

To ask the Scottish Government when it plans to publish the outcome of its review of the guidance on mothballing.

Statutory responsibility for decisions about the learning estate, including mothballing, rest with local authorities. The Scottish Government issues guidance to support local authorities’ implementation of their statutory responsibilities.

As the First Minister stated on 24 April, we are reviewing current guidance on the mothballing of schools and nurseries to provide greater clarity on whether it is an appropriate action to take. Scottish Government officials have regular engagement with local authorities and their representative bodies on a range of issues, including mothballing, and Ministers are considering a range of local government and stakeholder views on mothballing through the review process.

We will update Parliament further on this work in due course. While the review is underway, the existing guidance on mothballing (which is included in the Statutory Guidance on the Schools Consultation (Scotland) Act 200) remains in place.

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