Chamber and committees

The Lord Advocate is constitutionally responsible for the investigation of sudden, unexpected and suspicious deaths in Scotland. These functions are exercised independently of government. Parliament considered and modernised the law on FAIs in 2016 and there are no current plans to revisit the legislation.

The Scottish Government, in conjunction with the Crown Office, continually assesses the effectiveness of the system for FAIs. As a result of this continual assessment, the Crown Office has significantly reformed the arrangements for the investigation of deaths. These reforms have already resulted in reductions in the duration of death investigations and it is expected that they will continue to do so. The Crown Office has also recently established a Specialist Casework Death Investigations Improvement Programme. Its purpose is to oversee all ongoing pieces of work and new proposals to achieve greater public confidence, to improve the service delivered to bereaved relatives and to deliver increased efficiencies in the investigation of deaths.

The Crown Office has acknowledged that in some cases the time taken to conclude a thorough death investigation has been too long. Unfortunately, there will always be a small number of deaths that will need a prolonged period of investigation due to their complexity. Irrespective of the type of FAI, the investigation must be completed thoroughly before a decision can be made to commence any inquiry proceedings. The decision to hold an inquiry cannot be taken until other proceedings, such as any criminal charges have been completed or ruled out.

FAIs are just one part of the system for investigating deaths. In many cases lessons are often learned, changes made and answers given to families without an FAI.

We have increased the Crown Office budget in recent years to support a range of its improvement work, including modernising processes for investigating deaths. The Crown Office has also significantly reformed its processes to reduce the time taken to investigate deaths and to bring FAIs to court more quickly.

We have every confidence in the system that is in place for FAIs but we acknowledge that there is always more that can be done. We keep matters under review in consultation with the Crown Office and are looking for ways in which the system can be improved.

We are engaging closely with our sector wide stakeholder group and taking an evidence-based approach to developing and delivering actions to support Scotland’s childcare profession that include consideration of gender, pay and wider working conditions. This builds on the important work the Scottish Government has led to make Fair Work central to the delivery of the expansion of funded early learning and childcare (ELC).

In 2016, before the ELC expansion to 1140 hours, approximately 80% of practitioners delivering funded ELC in private and third sector services were paid less than the real Living Wage. The investment to support sustainable rates, and the ELC real Living Wage commitment has led to increases in pay across private and third sector services. Our Financial Sustainability Health Check, published 31 July 2023, reports that 81% of funded ELC providers in the private and third sector are now paying the real Living Wage to either all staff or staff delivering funded ELC.

In 2024-25, the Scottish Government has provided local authorities with an additional £16 million to increase pay for staff in the private and voluntary (PVI) sector who are delivering funded ELC to at least £12 per hour from April 2024. This commitment could result in a £2,000 increase in the gross salary annual salary of a full-time childcare worker.

This demonstrates our commitment to the Fair Work agenda, as we remain the only part of the UK to provide funding to allow ELC staff in the PVI sector to be paid the real Living Wage.

Another key action we are taking forward is implementing a process for monitoring progress with providers paying the real Living Wage and re-establishing the ELC Fair Work and Real Living Wage Implementation Group.

These are critical steps towards addressing the recruitment and retention issues facing the sector today.

Alternative approaches to the work have been considered at meetings of the research group, which the Law Society of Scotland, Scottish Solicitors Bar Association, and the Scottish Legal Aid Board are part of, should the tendering process remain unsuccessful. Ministers are also very mindful that the recommendation of the Legal Aid Payment Advisory Panel was very clear that any research carried out should be independent from the Scottish Government and that there are commercial sensitivities around the data being sought. Any alternative approaches would have to be carefully considered to ensure that this independence remains and that legal aid providers have confidence in the data gathering process.

The Scottish Government participates in the UK Hydrogen Propulsion Manufacturing Taskforce. The taskforce works to develop recommendations on how government and industry can maximise investment opportunities for the UK manufacturing of hydrogen propulsion systems. This has included reference to the opportunities for hydrogen fuel cell buses. The taskforce has been paused during the pre-election period for the UK general election.

As set out in our Hydrogen Action Plan, hydrogen in the transport sector could act as a complementary energy alongside battery electrification, providing an option to parts of the transport sector such as heavy duty vehicles, when battery electrification is challenging. However, it is up to individual bus operating companies to determine what type of zero emission vehicles best suits their particular circumstances, and for manufacturers to respond to that demand in the way that they think is most appropriate.

Badgers and their setts are protected under the Protection of Badgers Act 1992 as amended by the Wildlife and Natural Environment (Scotland) Act 2011.

NatureScot, the licensing agency in Scotland, may consider issuing licences under the Protection of Badgers Act 1992 to undertake actions for a specific purpose, such as to prevent serious damage by badgers to agriculture.

Recent research investigating reports of badger predation on lambs on Scottish farms was undertaken in 2022 and 2023 by Science and Advice for Scottish Agriculture (SASA), in conjunction with NatureScot, Scottish Land and Estates, and the National Farmers Union Scotland, The research found that whilst the results cannot fully rule out the occurrence of badger predation, they strongly suggest that foxes are most likely to be responsible for the majority of lamb predation events on Scottish farms. A copy of the report of this research can be found at:

https://www.nature.scot/doc/naturescot-research-report-1345-investigating-role-badgers-meles-meles-lamb-predation-scottish-farms

Through Scottish Enterprise, the Scottish Government has regular discussions with Scotland-based vehicle manufacturers, including bus manufacturers, about opportunities for hydrogen fuel cell and other types of zero emission vehicles in the UK and international markets.

Since taking up post last year, I have met regularly with Councillor Jane Meagher, the City of Edinburgh Council Housing Convener, with our last meeting taking place on 18 April. The housing emergency has been raised in my discussions with other Housing Convenors and housing and homelessness partners as follows:

• Members of the Cross-Party Group on Housing on 27 February
• Councillor Allan Casey and Councillor Kenny McLean, Glasgow City Council on 13 March
• Jenni Minto MSP, Argyll and Bute Council officials and Argyll and Bute registered social landlords and community trusts on 4 April
• Alison Watson, Shelter Scotland on 16 April
• Members of the Homelessness Prevention and Strategy Group on 16 April
• Strategic Homeless Action Partnership in Edinburgh on 1 May
• Sally Thomas and Carolyn Lochhead, Scottish Federation of Housing Associations on 15 May
• Councillor Davie McLachlan, South Lanarkshire Council on 16 May
• Councillor Maureen Chalmers, COSLA on 21 May
• Councillor Judy Hamilton, Fife Council on 5 June

There have also been discussions at official level over recent months with other partners, including the Scottish Housing Regulator, ALACHO, COSLA and Homes for Scotland.

These meetings are used to discuss the homelessness pressures and housing supply matters in Edinburgh and other areas across Scotland, including the decisions by councils to declare a housing emergency. Within these discussions, a range of issues are covered, which have their basis in the proposals developed by local authorities in response to the pressures they are facing. Various financial and planning issues and potential regulatory changes have been discussed at these meetings in the context of reducing the use of temporary accommodation and improving housing outcomes for residents.

Hydrogen fuel cell buses in Aberdeen supported by grant funding from the Scottish Government were not manufactured in Scotland. State aid and subsequent subsidy control rules mean that grant conditions could not specify which vehicle supplier the bus operator should use.

I refer the member to the answer to question S6W-27426 on 28 May 2024. 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 following table shows the level of Mode Shift Revenue Support grants awarded by the Scottish Government since the introduction of the scheme plus details of the committed traffic.