Questions and answers

Question reference: S6W-07699

Asked by: Pam Duncan-Glancy, MSP for Glasgow, Scottish Labour
Date lodged: Friday, 01 April 2022
Current Status: Answered by Keith Brown on 14 April 2022

To ask the Scottish Government whether it (a) can and (b) will introduce compulsory training for the Scottish judiciary in relation to disability.

The Lord President of the Court of Session is responsible for making and maintaining appropriate arrangements for the training and guidance of Scotland’s judicial office holders as set out in the Judiciary and Courts (Scotland) Act 2008, the Tribunals (Scotland) Act 2014 and the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Judicial training is delivered by the Judicial Institute for Scotland.

Question reference: S6W-07796

Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 April 2022
Current Status: Answered by Mairi McAllan on 14 April 2022

To ask the Scottish Government how many allotments have been delivered through the Community Empowerment (Scotland) Act 2015 in each local authority.

The provision of allotments is the responsibility of local authorities as set out in the Community Empowerment (Scotland) Act 2015.

In accordance with section 121 of the Community Empowerment (Scotland) Act 2015, local authorities report annually on provisions of allotments in their areas. Reports are available from each local authority online. The Scottish Government do not hold historic data on allotment provision.

Question reference: S6W-07506

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 22 March 2022
Current Status: Answered by Jenny Gilruth on 14 April 2022

To ask the Scottish Government, further to the answer to question S6W-06967 by Jenny Gilruth on 16 March 2022, whether it will provide an answer to the specific question regarding whether it has taken legal advice on whether it is legally competent to tax the same piece of property under both the business rates scheme and the workplace parking levy; if legal advice was taken, whether it will publish this advice in order to allow the official legal position, as opposed to ministers' views, to be considered, and, if no legal advice was taken, whether it will confirm this.

I can confirm that the legal position has been considered and I refer the member to the answer to question S6W-06967 which sets out that the provisions in the Transport (Scotland) Act 2019 were subject to policy and legal scrutiny and that there is no legal issue arising from this matter.

The content of any legal advice is confidential. By long-standing convention, successive Scottish and Westminster Governments have not disclosed the content of legal advice other than in the most exceptional circumstances.

Question reference: S6O-00962

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 13 April 2022
Current Status: Taken in the Chamber on 20 April 2022

To ask the Scottish Government what its response is to the Scottish Solicitors Bar Association’s announcement that criminal solicitors will no longer take on court appointments for those accused, without lawyers, who are not allowed to represent themselves.

Question reference: S6W-07603

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 25 March 2022
Current Status: Answered by Patrick Harvie on 11 April 2022

To ask the Scottish Government how many properties, broken down by local authority area, it anticipates will not meet an EPC rating of at least band E by 1 April 2022, as required under the Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020.

As set out in the Scottish Government’s Heat in Buildings Strategy, the draft regulations cited (to set minimum energy efficiency standards of EPC E, rising to EPC D) were withdrawn as a direct result of the impact Covid-19 has had on the private rented sector (PRS). Instead, as the Strategy confirms, the Scottish Government is now working with the sector to introduce regulations in 2025 which will require all PRS properties to reach a minimum standard equivalent to EPC C, where technically feasible and cost effective, at change of tenancy, with a backstop of 2028 for all remaining existing properties, in line with the direction provided by the Climate Change Committee.

Data giving an anticipated breakdown of properties not reaching EPC E is not available, however analysis carried out by the Energy Savings Trust in 2021 (using Home Analytics V3.7, which used a combination of modelled and reported data) gives a breakdown of PRS homes by local authority area which are assumed to be in bands E and F-G.

Local Authority	Dwellings	PRS Dwellings	PRS as % of Dwellings	PRS SAP E Dwellings	PRS SAP F-G Dwellings
Aberdeen City	122,915	22,215	18.07%	2,725	1,154
Aberdeenshire	123,048	13,440	10.92%	3,179	2,717
Angus	59,720	7,952	13.32%	1,878	1,096
Argyll and Bute	51,725	7,223	13.96%	1,711	1,341
City of Edinburgh	260,624	57,276	21.98%	5,329	2,006
Clackmannanshire	25,371	2,369	9.34%	344	117
Dumfries and Galloway	76,595	11,892	15.53%	3,616	2,377
Dundee City	76,767	15,085	19.65%	1,814	947
East Ayrshire	59,888	5,782	9.65%	772	289
East Dunbartonshire	48,304	3,415	7.07%	446	97
East Lothian	52,781	5,388	10.21%	950	574
East Renfrewshire	40,614	2,605	6.41%	368	72
Falkirk	76,947	6,482	8.42%	858	290
Fife	183,583	23,481	12.79%	3,437	1,434
Glasgow City	327,460	55,768	17.03%	4,670	1,426
Highland	126,897	16,788	13.23%	4,125	2,873
Inverclyde	40,176	4,398	10.95%	617	333
Midlothian	40,764	4,190	10.28%	491	270
Moray	47,335	6,302	13.31%	1,439	1,036
Na h-Eileanan Siar	15,802	1,366	8.64%	492	391
North Ayrshire	73,023	8,519	11.67%	1,314	700
North Lanarkshire	160,567	11,948	7.44%	1,548	468
Orkney Islands	12,164	1,660	13.65%	529	185
Perth and Kinross	76,123	12,540	16.47%	2,969	1,822
Renfrewshire	90,522	10,315	11.40%	1,032	358
Scottish Borders	60,632	10,023	16.53%	2,729	1,997
Shetland Islands	10,937	1,133	10.36%	397	119
South Ayrshire	57,071	6,833	11.97%	1,188	578
South Lanarkshire	159,196	14,410	9.05%	2,142	841
Stirling	42,562	5,391	12.67%	917	507
West Dunbartonshire	45,941	3,322	7.23%	420	106
West Lothian	84,727	9,231	10.89%	893	210
Total	2,730,781	368,742	13.50%	55,339	28,731

Question reference: S6W-08009

Asked by: Gillian Martin, MSP for Aberdeenshire East, Scottish National Party
Date lodged: Thursday, 07 April 2022
Current Status: Initiated by the Scottish Government. Answered by Maree Todd on 8 April 2022

To ask the Scottish Government when it will publish its consultation on proposals for mandatory calorie labelling in out-of-home settings, as set out in its Out of Home Action Plan published in September 2021.

Question reference: S6W-07494

Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Friday, 18 March 2022
Current Status: Answered by Humza Yousaf on 8 April 2022

To ask the Scottish Government what steps it is taking to increase access to regular pacemaker check-ups that may have been missed due to restrictions during the COVID-19 pandemic.

The impact of addressing the COVID-19 pandemic has meant that many health and social care services, including some cardiology services, had to be suspended or reduced in scope and scale. In some instances, novel modes of delivery were adopted to maintain important services (for example, some local services implemented drive up clinics for pacemaker checks).

Evidence based caution has been, and continues to be, at the forefront of our decision making around the provision of services throughout the pandemic. To support this, the Cabinet Secretary for Health and Sport published a national Clinical Prioritisation Framework for Supporting Elective Care across NHS Scotland on 16 November 2020, updated on 8 December 2021. The expectation is that NHS Boards will follow the principles of this Framework to ensure that the patients with the greatest need are treated quickest.

Furthermore, addressing the backlog of care while continuing to meet the ongoing urgent health and care needs of the country is a priority. We published an NHS Recovery Plan in August 2021 which sets out our plans for health and social care over the next 5 years and is backed by over £1 billion of funding,

Regular pacemaker checks typically take place in outpatient clinics and so it is relevant to note that the Recovery plan includes a focus on increasing outpatient activity through supporting sustainable improvements and new models of care.

We are also taking specific action to minimise preventable heart disease and ensure that everyone with suspected heart disease in Scotland has timely and equitable access to diagnosis, treatment and care, through the implementation of our Heart Disease Action Plan (2021).

Question reference: S6W-07504

Asked by: Colin Beattie, MSP for Midlothian North and Musselburgh, Scottish National Party
Date lodged: Tuesday, 22 March 2022
Current Status: Answered by Tom Arthur on 8 April 2022

To ask the Scottish Government what information it has on the most recent levels at which business rates begin to be paid for the rateable value of individual properties in Scotland, and how that compares with (a) England and (b) Wales.

The Scottish Budget 2022-23 ensures the lowest poundage in the UK for the fourth year in a row and supports a generous package of reliefs.

Table 1 shows the tax rates and thresholds that will apply in 2022-23.

There are also a number of rates reliefs available in each of the three countries, including up to 100% relief for small properties. Table 1 sets out the eligibility thresholds for 100% relief in each of the schemes across Scotland, England and Wales in 2022-23.

Table 1: Property rates and rates relief for small properties, Scotland, England and Wales, 2022-23

2022-23	Scotland	England	Wales
Basic Property Rate (‘poundage’) applies up to and including £51,000 rateable value	49.8p	n/a	n/a
Small Business Multiplier applies up to £51,000 rateable value	n/a	49.9p	n/a
Intermediate Property Rate applies from £51,001 to £95,000 rateable value	51.1p	n/a	n/a
Standard Multiplier which applies from £51,000 and above in England.	n/a	51.2p	n/a
Multiplier which applies for all properties in Wales	n/a	n/a	53.5p
Higher Property Rate applies above £95,000 rateable value	52.4p	n/a	n/a
Small Business 100% relief rateable value threshold	Up to and including £15,000	Up to and including £12,000	Up to and including £6,000

As at 1 June 2021, there were over 119,000 properties in receipt of Small Business Bonus Scheme relief in Scotland, of which over 111,000 received 100% relief. A 100% relief is available where the total rateable value of a ratepayer’s properties does not exceed £15,000.

In England, 100% Small Business Rates Relief (SBRR) is available where an organisation has only one property. If an organisation acquires a second property, the existing relief will only remain for 12 months unless other properties have a rateable value less than £2,900 and the total combined rateable value is less than £20,000 (£28,000 in London).

In Wales, the equivalent SBRR relief is limited to two properties per organisation in each local authority area with the £6,000 threshold applied to each individually rather than collectively. There is no cumulative rateable value threshold.

Question reference: S6W-07586

Asked by: Sarah Boyack, MSP for Lothian, Scottish Labour
Date lodged: Wednesday, 30 March 2022
Current Status: Answered by Patrick Harvie on 7 April 2022

To ask the Scottish Government when it will consult on its proposed Wellbeing and Sustainable Development Bill.

Questions S6W-07586 and S6W-07587 have been combined for response.

The Programme for Government (2021) outlined the Scottish Government’s proposal to bring forward a Wellbeing and Sustainable Development Bill during this Parliamentary session. This will consider the best way to ensure the interests of future generations are taken into account in decisions made today. The proposed Bill will therefore put duties on public bodies and local government to take account of the impact of their decisions on sustainable development, in Scotland and internationally. We intend to set out more detailed proposals later this year.

Question reference: S6W-07587

Asked by: Sarah Boyack, MSP for Lothian, Scottish Labour
Date lodged: Thursday, 24 March 2022
Current Status: Answered by Patrick Harvie on 7 April 2022

To ask the Scottish Government when it will publish its proposals for a Wellbeing and Sustainable Development Bill.

Questions S6W-07586 and S6W-07587 have been combined for response.

The Programme for Government (2021) outlined the Scottish Government’s proposal to bring forward a Wellbeing and Sustainable Development Bill during this Parliamentary session. This will consider the best way to ensure the interests of future generations are taken into account in decisions made today. The proposed Bill will therefore put duties on public bodies and local government to take account of the impact of their decisions on sustainable development, in Scotland and internationally. We intend to set out more detailed proposals later this year.

Chamber and committees