Chamber and committees

Court programming is a matter for the senior judiciary, supported by the Scottish Courts and Tribunals Service (SCTS). SCTS have advised that jury trials resumed in Dumfries and Galloway on 19 April 2021, and since then the number of people cited for jury duty and excused on the grounds that they cannot reasonably travel to the Remote Jury Centre in Ayr is 128. During that period, no jury trials in Dumfries and Galloway were adjourned due to a lack of jurors.

Decisions to discharge patients are not made by Ministers, they are made by health and social care professionals, alongside the patient and their family, or their legal representative where applicable.

As was the case before the pandemic, where someone is most appropriately cared for after discharge is based on a multi-disciplinary assessment of the individual’s needs and wishes. There are a range of factors that clinicians will consider as part of this assessment, including clinical readiness for discharge and the best setting for meeting the individual’s needs.

If an attorney is unhappy with the decision to discharge a patient they can raise a complaint against the person or organisation who has taken the decision, or apply for directions from the sheriff under section 3(3) of the Adults with Incapacity (Scotland) Act 2000.

Public Health Scotland undertook an analysis of discharges to care homes and found that care home size is very strongly related to outbreaks. That is, the risk of a care home outbreak increased progressively as the size of care home increased. Furthermore, there was no clear statistical evidence that hospital discharges were associated with care home outbreaks. The analysis was published on 21 April 2021 and can be found here: Discharges from NHSScotland hospitals to care homes - Between 1 March and 31 May 2020 (revised) - Discharges from NHSScotland hospitals to care homes - Publications - Public Health Scotland

The Transfer of Undertakings (Protection of Employment) regulations (TUPE) apply when a service is transferred from one employer to another, in this case ‘insourcing’. It provides those who are carrying out work which will be provided by a new employer with protection by transferring them to the employment of the new provider. Staff transferring to SPS employment will be consulted on the changes that will be made when SPS are managing the prison. Exact costs will become clear at the conclusion of the consultation exercise and the running costs are likely to be aligned to an existing public prison of a similar size.

Any proposal to extend a contract for a private sector prison would be at odds with Scottish Government policy that prisons should be owned and operated by the public sector. In addition, an extension to an existing PFI contract would not be permissible under procurement regulations. The proposal which was made would have provided additional accommodation at a cost to the public sector.

In keeping with its original purpose, the Communities Mental Health and Wellbeing Fund is supporting grassroots community-based initiatives across Scotland which promote good mental health and wellbeing. Managed locally by Third Sector Interface (TSI) bodies, the Fund is aimed at tackling priority issues such as suicide prevention, social isolation and loneliness, prevention and early intervention and addressing the mental health inequalities exacerbated by the pandemic. This includes a particular focus on the needs of ‘at risk’ target groups including women, people from a minority ethnic background, people facing socio-economic disadvantage and older people, amongst others.

Nearly 2000 awards have been given to community projects through Year 1 of the Fund. Early data shows that projects are being funded across the whole of Scotland, supporting a wide range of community activities involving sport, nature, outdoor initiatives, the arts, community cafes and choirs, with a large proportion of these focused on prevention, social isolation and loneliness. Projects being funded include activities which are open to all; whilst many others are focused on the needs of the ‘at risk’ target groups outlined above. Key themes have emerged among projects, such as building community and interpersonal links, often by facilitating discussion or activities and providing space and support.

Officials are currently compiling a monitoring report on year 1 of the Fund, which will be published in June. The report, based on monitoring data provided by each TSI, will give a detailed breakdown of the type of projects funded, key themes and groups targeted by projects, organisation types, and a wide range of illustrative examples of projects funded across Scotland.

Some examples include:

? Avenue Confidential, in Aberdeenshire, who provide Family Wellbeing Groups for parents affected by relationship challenges. These cover topics such as: self-care; healthy communication; blended families; children’s wellbeing; and recognising the impact of trauma in oneself and others.

? The Cactus Book Club, in Aberdeenshire, who are launching a book club for 16-26 year olds who are isolated due to their health. This group is often overlooked and it is a difficult age to be isolated. The club will address loneliness and anxiety about the future and will offer members the chance to feel included.

? The Third Level Foundation, in Aberdeen City, who are running weekly workshops for family members affected by someone with Borderline Personality Disorder. The workshops will cover a range of topics to improve mental health and wellbeing for all.

? The Bridge, in Aberdeen City, who have increased their capacity to run ‘Link Friends’ which arranges for volunteers to visit and arrange phone calls to older people facing isolation. Funding enables increased staff time and facilitates more volunteer work.

The Firth of Clyde cod spawning closure took place from 14 February to 30 April. During my appearance at the RAINE Committee on 9 March I committed Marine Scotland officials to meet with stakeholders after the closure both to hear their thoughts on how it has worked from their perspective and for Marine Scotland to report on activities observed from their part and this meeting will take place in the coming weeks.

The Scottish Government continues to monitor the impact of policy decisions on the economy and the environment and in the spirit of co-management will work alongside all relevant stakeholders for a more sustainable West of Scotland cod stock.

The Scottish Government is aware of the pressures impacting on all sectors.

The National Care Home Contract determines the rates paid for residential care by Local Authorities. This is negotiated annually by COSLA, Scottish Care and Scotland Excel, the Scottish Government is not a contractual party to this agreement. However we are aware that the cost of living crisis was discussed and an agreement was reached to recognise some of the pressures.

To support care homes to recruit and retain staff we have funded an increase in the minimum hourly rate for those providing direct Adult Social Care rose to £10.50 p/h. This represents an increase 12.9% for these workers in the course of a year.

Additionally by the end of this Parliament we will have budgeted over £800m of increased annual support for social care compared to current spending. We continue to provide NHS Boards and Integration Authorities with the funding they require to meet the cost of responding to the pandemic, which comes on top of the £1.7bn already provided to Health Boards and Health and Social Care Partnerships in 2020-21.

National Records of Scotland publishes data on the number of people who have died in Scotland. Data for the period March 2020 to March 2022 on population deaths by occupation group, including data on deaths with Covid-19 mentioned on death certificates, is available here (table M7): https://www.nrscotland.gov.uk/files/statistics/covid19/covid-deaths-22-monthly-data-week-14.xlsx

To date, over £20.3 million has been awarded to 13 local authorities to increase the quantity and quality of recycling in Scotland, marking the beginning of one of the biggest investments in recycling in Scotland in a generation.

Of these awards, £5,267,640 million was allocated in the 2021-22 financial year, with the remainder being phased over subsequent years of the fund, based on the local projects’ spend profiles.

This investment is funding a range of improvements, including more frequent recycling collections, the extension of food and garden waste collections, and boosting Scotland’s capacity to recycle problematic materials, such as plastic films.

This initial investment has the potential to reduce CO2 emissions by 21,400 tonnes each year - the equivalent of taking 11,400 cars off the road. Further updates regarding new awards will be made in due course.

To uphold the rights of children and young people who require secure transport, and to meet the Secure Care Standards and the Youth Justice Standards , the Scottish Government and COSLA led Secure Care Group seek to identify and develop solutions to the issues surrounding secure care transport in Scotland. A service specification is in development which will include an appropriate recording and monitoring process.

The Scottish Government is currently consulting on proposed children’s care and justice legislation, including seeking views on whether legislative reform is needed around the use of secure transport.