Chamber and committees

The Scottish Government has no plans to introduce a requirement for evacuation alert systems to be installed in new buildings between 11 and 18 metres in height. See answer to S6W-04133 on 19 November 2021.

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 .

On 1 October 2019, the Scottish Government introduced evacuation alert systems in new high rise domestic buildings with a floor over 18m. The government also published Practical Fire Safety Guidance for Existing High Rise Domestic Buildings. The guidance promotes using a risk based approach to determine the fire safety measures required. Therefore, upgrading existing high rise domestic buildings with evacuation alert systems may be implemented where the level of fire risk is justified, taking into account the time, cost and disruption to building occupants involved.

We are not aware of any recommendation from the Grenfell Inquiry Phase 1 report relating to evacuation alert systems to be installed in new and existing high rise buildings over 11 metres in height.

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

SPS is unable provide information on the breakdown of the average monthly occupancy rates as the data is not collected in this format. The table below provides details of the weekly data collated on single cell occupancy across the prison estate.

• Single Occupancy – number of people accommodated alone in a cell intended to accommodate one person
• Single Occupancy Double Room – number of people accommodated alone in a cell that is designed to be double occupancy
• Double Occupancy Single Room – number of people accommodated with another person in a cell intended for one person
• Double Occupancy Double Room, Multiple Occupancy and Single Occupancy Dorm – number of people accommodated in a cell, or dormitory, intended for more than one person
• Total Population – The total number of individuals in custody that evening.
• Single Cell Occupancy % - The percentage of the total population of that evening who are accommodated in single cell accommodation.

In support of changes to Building Regulations and technical guidance on 1 October 2019, dissemination events were held to provide information to all stakeholders including fire safety companies. These events included information on new requirements for evacuation alert systems to be installed in all new and converted high rise domestic buildings in accordance with British Standard 8629: 2019.

The Scottish Government provided support and funding to develop British Standard for evacuation alert systems and engaged with the National Fire Chiefs Council, Scottish Fire and Rescue Service and the UK Government in that work.

The National Fire Chiefs Council and UK Government comprise the Stay Put Technical Steering Group which is overseeing research on means of escape from a design, management and operational perspective. The Scottish Government and Scottish Fire and Rescue Service awaits the research findings, as they are key to informing any potential improvements and future approaches.

The dataset which was used to advise of the number of fatal accident inquiry recommendations is the Fatal Accident Inquiry Report 2020-2021. The statistics that inform the report are compiled by Scottish Courts and Tribunals Service and confirmed with Crown Office and Procurator Fiscal Service.

The report was laid before the Scottish Parliament on 17 June 2021 and published on the Scottish Government website gov.scot.

Fatal Accident Inquiries (FAIs): statistics 2020-2021 - gov.scot (www.gov.scot)

The published information is set out below.

The statistics for the period 1 April 2020 to 31 March 2021 for Fatal Accident Inquiries under the 2016 Act are as follows.

• Number of FAIs that ended during the year: 61
• Number in which recommendations requiring a response were made: 8
• Number of such recommendations made: 18
• Number of such recommendations in relation which a response was received by SCTS under section 28(1): 17
• Number of such recommendations in relation to which a notice was published by SCTS under section 28(7) (signalling that no response was received): 1

All 2016 Act determinations, recommendations and responses are accessible from the Scottish Courts and Tribunals Service web portal at: http://www.scotcourts.gov.uk/the-courts/sheriff-court/fatal-accidents

Determinations by Sheriffs are a matter of judicial independence and it would not be appropriate for Scottish Government to comment on specific determinations or the approach of the judiciary in general. The Sheriff has heard the evidence and is the only one in a position to decide if recommendations are necessary. In individual cases, the Sheriff may conclude, given the particular circumstances, that no recommendation should be made.

Whilst statistical data in this report points to differences between Sheriffdoms in the rate of making findings, the report noted that ‘The numbers here are too small to assess statistical significance and therefore qualitative investigation will be a priority of future research.’

We welcome this future research and will give consideration to the findings.

As a Government, we take deaths in custody very seriously, which is why the former Cabinet Secretary for Justice asked the HM Chief Inspector of Prisons for Scotland to undertake two independent reviews on deaths in custody.

Fatal Accident Inquiries play a significant role in ensuring there are systems to safeguard and protect those held in legal custody. However, they are just one part of the system for scrutinising deaths in custody. In addition, the prison service, with the NHS and other relevant organisations, carry out a Death in Prison Learning Audit and Review meeting normally within 12 weeks of all deaths in custody. This provides a system for recording any learning and identified actions from individual incidents.

The Scottish Courts and Tribunals Service received a response to 17 of the 18 recommendations (determinations) made by the Sheriff, within 8 weeks of publication of the determination, as per the statutory requirement.

The implementation of any recommendations made by the Sheriff is primarily the responsibility of the respective organisation at which the recommendation was aimed.

In 1 of the 18 determinations, no response was received by the Scottish Courts and Tribunals Service within the 8 week statutory period. The Scottish Courts and Tribunals Service published a notice under Section 28(7) of the 2016 Act to this end.

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

The following tables detail the (a) Average Occupancy (b) Design Capacity and (c) the Occupancy Rate of each prison between March 2021 to September 2021.

The Occupancy Rate and the Design Capacity rate are the average for each calendar month.

MARCH 2021

The Inquiries into Fatal Accident and Sudden Deaths Act 2016 places a duty on a person to whom a sheriff’s recommendation is addressed to provide a response to the Scottish Courts and Tribunals Service within the period of 8 weeks after the respondent receives a copy of the determination.

The respondent must give the SCTS a response in writing either :

• setting out details of what the respondent has done or proposes to do in response to the recommendation, or
• if the respondent has not done, and does not intend to do, anything in response to the recommendation, the reasons for that.

The 2016 Act also place a duty on SCTS to publish responses to the recommendations set out in the determination.

Where a response is given the SCTS must

• publish the response in full,
• publish the response in part, together with a notice explaining that part of the response has been withheld from publication, or
• publish a notice explaining that the whole of the response is being withheld from publication.

The SCTS may withhold the whole of a response from publication only if representations are made to that effect. If no response is given by the end of the 8 week period the SCTS must publish notice of that fact.

Implementation of FAI recommendations are monitored by the annual statistics. The Scottish Parliament receives a copy of the report annually. All responses to recommendations are published and are in the public domain which includes respondents saying what has been done and if the answer is nothing, then explaining why.

The Scottish Government expects all public bodies to respond appropriately to the recommendations of a Fatal Accident Inquiry.