Chamber and committees

I refer the member to the answer to question S6W-36866 on 6 May 2025. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The report on women and girls’ safety on public transport recommends measures to enhance security and comfort. These include better lighting, surveillance, greater staff presence, clear reporting, use of technology, public awareness campaigns and stricter enforcement of safety policies. These recommendations align to work underway by the transport industry and Transport Scotland. Therefore not all have specific commencement dates, but build on already established activities.

To share good practice and improve awareness, in May 2024 Transport Scotland published research around the use of personal safety apps in public spaces. In November 2024, Transport Scotland launched a dedicated webpage which provides links to the Transport Scotland’s research and engagement, as well as how violence against women and girls is being tackled by the Scottish Government.

Transport Scotland continues to work with the Confederation of Passenger Transport (CPT) to support sharing of best practice amongst bus operators including on data, education and driver training, and last met in January 2025. In addition, Transport Scotland are developing actions to tackle antisocial behaviour on the bus network, which includes the development of a behaviour code for those using the National Concessionary Travel Schemes and a process for temporary suspension or withdrawal of concessionary travel entitlement.

On the rail network, ScotRail, Network Rail and British Transport Police are working together with stakeholders to deliver a activities to reduce anti-social behaviours. British Transport Police’s (BTP) “Text 61016” service allows all passengers to discreetly report any incidents they witness on trains or at stations directly to BTP. ScotRail are reviewing their existing processes for responding to customer reports of anti-social and unacceptable behaviour, and in February 2025 further expanded their “Travel Safe Team”. To further improve joint working and reporting, BTP have established a Strategic Safer Transport Group which ensures partnership working between organisations to create a safer transport network across Scotland.

Regarding staff presence, ScotRail must have a member of staff other than drivers on all train services and they are reviewing changes to ticket office opening hours to allow more staff to be present at train stations. ScotRail have piloted conflict management training for front-line staff with a view to rolling this out further. Transport Scotland’s SQUIRe team inspect trains and all stations in Scotland in a four week period, ensuring that aspects such as CCTV, station help points and lighting are all working appropriately.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the answer to the question S6O-04553 on 23 April 2025. All answers to Oral Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at Official Report: search what was said in Parliament | Scottish Parliament Website

The Scottish Government recognises the significant impact that bereavement can have on young people and is committed to ensuring that schools are equipped to provide appropriate support.

We published a professional learning resource and a Whole School Approach Framework to assist school staff in supporting children and young people’s mental health. This framework encourages all schools to help young people develop resilience and personal coping skills while ensuring that measures are in place to support those who experience bereavement.

Education Scotland provides a range of materials, including resources specifically focused on bereavement, to aid teachers in delivering sensitive and effective learning on this topic. These resources are regularly reviewed and updated to reflect best practice.

Schools may also refer to the Seasons for Growth programme which contains support around bereavement and trauma. This is in addition to local policies in place for bereavement.

Our national guidance on mobile phones in Scotland’s schools sets out the considerations schools and education authorities should give to respectful and responsible use of mobile phone policies. While the guidance is clear that headteachers can ban mobile phones if they think this is the appropriate approach for their school environment, the guidance takes a broader approach to identifying the features that should comprise a respectful and responsible use of mobile technology policy. This includes digital etiquette (standards of conduct when using mobile phones); digital rights and responsibilities (what individuals can and cannot do); and safe and secure use of mobile technology (precautions that can be taken to ensure digital safety).

Supporting children and young people to use mobile phones respectfully and responsibly is a key element of preparing them to be responsible citizens, successful learners, confident individuals and effective contributors. The Scottish Government wants children and young people to be protected, safe and supported in the online world and for them to be able to enjoy the internet, show resilience and take advantage of the opportunities it has to offer. We are committed to making sure child internet safety is properly recognised in Scottish education and wider child protection policies.

Education Scotland published Experiences and Outcomes for the Technologies area of the Curriculum including internet safety and cyber resilience. There are clear links between internet safety and Personal and Social Education/health and wellbeing and these statements will help teachers to know what to teach. Children and young people will learn about the safe and responsible use of different technologies, including the internet and social media, as part of their broad general education under Curriculum for Excellence.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

There are currently no plans at present to update The Prison and Young Offenders Institutions (Scotland) Rules 2011.

SPS focus remains on addressing the current population pressures across our estate as we will continue to work with the Scottish Government to achieve a sustainable long-term position concerning the management of the rising prison population in Scotland.

The retention or otherwise of Crown immunity from prosecution under the Health and Safety at Work etc. Act 1974 is a reserved matter for the UK Government. The Scottish Government is committed to working with the UK Government on the removal of corporate Crown immunity from prosecution, under the Health and Safety at Work etc. Act 1974.

I recently wrote to the Secretary of State for Justice asking to meeting, with this being one of the several agenda items for discussion. The Secretary of State for Justice has now responded and a meeting will be held in due course.

Under Scots law, there are established legal avenues for addressing concerns arising from deaths in the prison estate.

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 requires a Fatal Accident Inquiry (FAI) to be held where the deceased was in legal custody at the time of death. This requirement arises unless the Lord Advocate is satisfied that the circumstances of the death have been sufficiently established during the course of another formal investigation, such as a criminal investigation. FAIs are designed to establish the circumstances of a death and to consider what steps might be taken to prevent other deaths in similar circumstances, including identifying any defects in systems or practices that contributed to the death.

Additionally, individuals employed by Crown bodies can be prosecuted for health and safety offences. There are also relevant statutory offences that could apply following a death in custody, most notably, corporate homicide under the UK-wide Corporate Manslaughter and Corporate Homicide Act 2007, for which the Scottish Ministers, via the Scottish Prison Service (SPS), could potentially be held criminally liable.

There are currently no plans to bring forward legislative proposals in this area given the existing Parliamentary timetable.

In consultation with the Lord Advocate, I have commissioned an independent review of the FAI system to focus on improving the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody. The review will also identify the specific barriers that families face in engaging with the process and propose concrete solutions to shortened timescales. From 7 April 2025 close family members who are involved in deaths in custody FAIs also now have access to non-means-tested legal aid.

The Arms' Length External Organisations (ALEO) should mirror the Local Authority’s asset transfer policy and act within the spirit of the law. In addition to those bodies listed in Schedule 3 of the Community Empowerment (Scotland) Act 2015, Scottish Ministers may by order designate other bodies as a relevant authority. If an ALEO meets the criteria in section 78(4) and (5) of the Act, it can be designated as a relevant authority by an order under section 78(3) but this would not amend schedule 3. As there is no prescribed process by which organisations are considered for designation, each one of Glasgow City Council's ALEOs would have to be considered on an individual basis.

The Parole Board for Scotland and officials at Community Justice Division initiated the redrafting of the memorandum of understanding/agreement in summer 2022. Protracted discussions and negotiations on the nature and detail of the document; and resource intensive pressures on both parties meant that delivery of the document took longer than anticipated. Agreement on the document had neared finalisation by the end of 2024, however sign-off and clearance by interested parties allowed for publication of the MOA to proceed into early 2025.