Questions and answers

Question reference: S6W-20596

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 11 August 2023
Current Status: Answered by Jenni Minto on 6 September 2023

To ask the Scottish Government, further to the answer to question S6W-19830 by Jenni Minto on 31 July 2023 and in light of campaigns in England, for example, Prostate Cancer UK's campaign, "Boys need Bins", whether it will consider conducting research into the need for incontinence bins in men's toilets in Scotland.

Question reference: S6W-20709

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Thursday, 17 August 2023
Current Status: Answered by Lorna Slater on 4 September 2023

To ask the Scottish Government whether it will support calls for Scotland to hold an annual national litter day on 16 August.

The Scottish Government recently published the National Litter and Flytipping Strategy which sets out our ambition to ensure individual, communities and organisations have greater awareness of the problems caused by litter, understand their responsibilities in preventing litter and are enabled and motivated to behave responsibly. A 2023-24 Action Plan, published with the Strategy, details specific actions and interventions that will be progressed in the first year of the Strategy, including a national community-focused education programme.

If there is a broad stakeholder support for an annual national litter day going forward, then Scottish Government would consider endorsing it as part of wider awareness raising work with stakeholders to tackle littering in line with the Strategy commitments.

Question reference: S6W-20660

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Tuesday, 15 August 2023
Current Status: Answered by Gillian Martin on 4 September 2023

To ask the Scottish Government what its response is to the recommendations of the Scottish Wildlife Trust publication, Saving an icon: Final report from the Developing Community Action Phase of Saving Scotland’s Red Squirrels, published in April 2023, and whether it will consider reconvening the Scottish Squirrel Group to revise the national strategy for red squirrel conservation.

The Scottish Government fully appreciates the work being undertaken and the progress made through the Saving Scotland’s Red Squirrels project to protect and expand populations. It is particularly encouraging to see the partnership approach that has been undertaken by a number of individuals, communities and landowners who have volunteered their time to make a significant contribution to help protect Scotland’s red squirrels. This project has demonstrated that a mix of voluntary and funded action can provide a sustainable long term future for this much-loved species.

NatureScot remains committed to ensuring the important work undertaken by Saving Scotland’s Red Squirrels continues, and has provided funding for a two-year transition since the Developing Community Action Phase of the project ended in April 2022.

The Scottish Squirrel Group will be reconvened this autumn to begin revising the Scottish Strategy for Red Squirrel Conservation, which was last updated in 2015.

Question reference: S6W-20380

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 09 August 2023
Current Status: Answered by Angela Constance on 4 September 2023

To ask the Scottish Government what steps it will take to enact the Domestic Abuse (Protection) (Scotland) Act 2021.

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

Part 1 of the 2021 Act will provide both Police Scotland and the court 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 is progressing. The purpose of the Act Implementation Board is to facilitate collaboration between key interests with a view to ensuring the legislation can be implemented effectively. Membership 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, when implemented, allow social housing landlords to apply to the court for an order which will have the effect of permitting the landlord 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.

Question reference: S6W-20137

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 18 August 2023
Current Status: Answered by George Adam on 31 August 2023

To ask the Scottish Government what its position is on whether there is a need to review Freedom of Information legislation, in light of recent reported comments by the incoming Scottish Information Commissioner.

The Scottish Government considers FOI law in Scotland to be sound in its underpinning principles. However, the Scottish Government has always been clear that it is open to using the powers available to it to adjust the regime, where there is scope to improve its operation.

The Scottish Government welcomed the post-legislative scrutiny of FOISA undertaken in the last session of the Parliament. Following this the Scottish Government has consulted on Access to Information Rights in Scotland. An analysis of responses was published on 30 June and we intend to publish our substantive response to that analysis later in the year.

Question reference: S6O-02468

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 30 August 2023
Current Status: Taken in the Chamber on 6 September 2023

To ask the Scottish Government how much it has allocated from its 2023-24 Budget to community justice services for the purpose of supporting women with a history of offending and substance abuse.

Question reference: S6W-20361

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Wednesday, 02 August 2023
Current Status: Answered by Jenni Minto on 30 August 2023

To ask the Scottish Government, further to the answer to question S6W-15147 by Maree Todd on 16 March 2023, whether it will provide updated information regarding how many individuals have been reported to Police Scotland for selling vapes and e-cigarettes to children and young people under 18, and how many of these sellers have been (a) charged and (b) convicted, in each year since 2019, including any figures that it holds for 2022-23.

Data from the Crown Office and Procurator Fiscal Service show, for the period 2018-19 to 2022-23, 17 charges were reported in relation to selling a nicotine vapour product to a person under the age 18.

In total, 9 of these charges were prosecuted, of which 4 were convicted. 3 charges were marked no further action and 2 are ongoing. 3 charges were marked for a Direct Measure (Warning) and 5 marked for No Action.

A breakdown of charges for each year is shown in the following table:

Action Taken:	Outcome:	2018-2019	2019-2020	2020-2021	2021-2022	2022-2023
Court	Convicted	1	0	0	1	2
	Ongoing	0	0	0	0	2
	No Further Action	1	1	0	0	1
Direct Measure	Warning	0	0	0	1	2
No Action Taken		0	1	1	1	2
Total		2	2	1	3	9

Source: Crown Office and Procurator Fiscal Service

Question reference: S6W-20313

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Monday, 31 July 2023
Submitting member has a registered interest.
Current Status: Answered by Mairi McAllan on 30 August 2023

To ask the Scottish Government what discussions the Cabinet Secretary for Social Justice has had with the (a) Cabinet Secretary for Transport, Net Zero and Just Transition and (b) Cabinet Secretary for Wellbeing Economy, Fair Work and Energy regarding carbon reduction policies and their potential impact on disabled people.

The impact of climate change policies on disabled people is a key consideration in just transition planning. We are currently engaging widely on priorities for our Just Transition Plans to ensure the transition to net zero and climate resilience reflects the needs of everyone across Scotland before developing the specific policies and engaging in bilateral meetings at Cabinet Secretary level. We are currently working with several disabled people’s organisations to enable them to engage with their members on our behalf and ensure that the needs of disabled people are reflected both in the Plans, and in wider Scottish Government policy.

Question reference: S6W-20334

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 18 August 2023
Current Status: Answered by Neil Gray on 29 August 2023

To ask the Scottish Government what its response is to the approval by the UK Government of new oil and gas licences in the North Sea, in light of the Scottish Government’s draft Energy Strategy and Just Transition Plan.

The Scottish Government is clear that unlimited extraction of fossil fuels is not consistent with our climate commitments. That is why we are calling for a robust and transparent climate compatibility test to be applied to all new developments.

The Scottish Government has made our position clear, we are committed to a just transition for Scotland's energy sector. Our focus, as outlined in the draft Strategy, must be meeting our energy security needs, reducing emissions and ensuring a just transition for our oil and gas workforce as North Sea resources decline.

Question reference: S6W-20333

Asked by: Monica Lennon, MSP for Central Scotland, Scottish Labour
Date lodged: Friday, 18 August 2023
Current Status: Answered by Neil Gray on 29 August 2023

To ask the Scottish Government what action it can take to oppose the approval by the UK Government of new oil and gas licences in the North Sea, in light of the Scottish Government’s draft Energy Strategy and Just Transition Plan.

Responsibility for policy on oil and gas exploration and production is a reserved matter and sits with the UK Government.

The Scottish Government continues to call for the climate compatibility checkpoint to be strengthened and to seek a four nation approach to developing climate compatibility tests, and is disappointed that the UK Government has again made announcements without consulting the devolved Governments.

The Scottish Government has made our position clear, we are committed to a just transition for Scotland's energy sector. Our focus, as outlined in the draft Strategy, must be meeting our energy security needs, reducing emissions and ensuring a just transition for our oil and gas workforce as North Sea resources decline.

We are already investing in the transition, through the Just Transition Fund and Energy Transition Fund, over half a billion pounds (£575m) to support a just transition. We will take the workers with us on our journey to net zero. We won’t do what Margaret Thatcher did to our mining and steel communities, where workers were discarded without hope.

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