Chamber and committees

Patient safety is of the utmost importance and everyone in Scotland has the right to expect high quality, safe, and appropriate healthcare. NHS Forth Valley is responsible for assessing patient safety risks in its mental health facilities, including those posed by ligature anchor points, and for taking appropriate local action.

Oversight of the safety and quality of mental health inpatient services, including aspects of the built environment, is supported by intelligence-led, risk-based inspections carried out by Healthcare Improvement Scotland. Where concerns are identified, Healthcare Improvement Scotland will consider whether these should be escalated to the Scottish Government or Ministers.

Relevant issues may also be considered through cross-agency forums involving mental health scrutiny bodies and the Health and Safety Executive, depending on the nature of the concern.

Power of Attorney (PoA) applications in Scotland are registered with the Office of the Public Guardian (OPG), which is a part of the Scottish Courts and Tribunals Service (SCTS). The SCTS is an independent body corporate and was established by the Judiciary and Courts (Scotland) Act 2008. The SCTS is not directly answerable to the Scottish Government, but rather has its own board, chaired by the Lord President.

Once a PoA is registered with the OPG, concerns about its use are generally addressed through investigation or civil court action, such as seeking removal of the attorney or appointment of a guardian. The OPG does not hold data on the number of civil court action cases brought to contest in the last three years, as it is not formally notified of them.

The Scottish Government (SG) has acknowledged that, while the current system for granting Powers of Attorney (PoAs) generally functions well, certain elements require improving and updating.

In January SG published analysis of responses to a consultation on proposals for reform of the Adults with Incapacity Act, including PoAs.

SG are now considering those responses and working towards modernising the AWI Act, taking forward recommendations from the Scottish Mental Health Law Review.

Officials from the Scottish Government last met with colleagues from the Office of the Public Guardian in relation to powers of attorney on 3 October 2023. This was to discuss recommendations from the Scottish Mental Health Law Review.

As this is an operational matter for Scottish Enterprise, I have asked its Chief Executive, Adrian Gillespie to respond to you directly.

The Scottish Government is committed to managing our seas sustainably to protect their rich biological diversity. NatureScot are currently liaising with local stakeholders to better understand the situation within the Loch Sween MPA. Surveys will be carried out in the MPA this year to better assess the status of the native oysters across the loch.

The Scottish Government, through the Licensing (Scotland) Act 2005, provides the overarching legal framework within which alcohol can be sold and supplied in Scotland. The 2005 Act makes provision for the licensing of premises in Scotland where alcohol is sold online and despatched from Scottish premises. Minimum unit pricing does not apply to alcohol sales which are despatched from outside Scotland directly to a buyer within Scotland.

The Scottish Government is aware of concerns raised about cross-border online alcohol sales in Scotland.

Officials have engaged with industry and business stakeholders, including the Scottish Grocers Federation and alcohol licensing stakeholders, on these matters to better understand these concerns. Additionally, through Scottish Enterprise, my officials have sought direct engagement with online retailers.

We will continue to engage with all relevant stakeholders to keep the potential impact of this developing market under review and to better understand the interaction between devolved and reserved matters in this area.

The Public Health Scotland evaluation of MUP found some evidence of cross-border purchasing, but its extent was observed to be minimal. The evaluation also found online sales to be relatively minor at a population level.

Public Health Scotland holds alcohol retail sales data for both the on-trade and off-trade, which includes all electronic point of sale data for the main supermarkets and a representative sample of smaller retailers and independent stores. Detailed information on cross-border online alcohol sales is not available and such information is likely to be commercially confidential and would require businesses to supply this on a voluntary basis.

The Scottish Government has no current plans to make any changes to the collection of online alcohol sales data.

The Scottish Government is committed to implementing further regulation of independent healthcare, through a phased approach to ensure that Healthcare Improvement Scotland (HIS) has the capacity and appropriate staff in place to regulate the independent sector effectively.

The Scottish Government plans to engage with HIS and other relevant stakeholders during 2025-26 to ensure the proportionate scope of regulation of the private ambulance and the first aid sector. We anticipate completing the engagement with stakeholders prior to the Scottish parliamentary elections in 2026.

Once scoping is complete, a public consultation will be brought forward detailing proposals for regulation of the sector.

I refer the member to the answer to the question S6W-36412 on 29 April 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