Chamber and committees

There is no system of coroners' inquests in Scotland unlike England, Wales and Northern Ireland.

The responsibility for the investigation of any death that requires further explanation rests with the Crown Office and Procurator Fiscal Service. Any sudden, suspicious, unexpected or unexplained death and any death which has occurred in circumstances which give rise to public concern, can result in a Fatal Accident Inquiry (FAI) a public examination of the circumstances of that death conducted before a sheriff.

Legal aid is available for relatives participating in an FAI on the same basis as for civil proceedings and the same statutory tests must be met.

Civil legal aid has generous financial eligibility thresholds and those who are entitled to participate in an FAI, such as family, are assumed to have probable cause. In terms of assessing ‘reasonableness’ the Scottish Legal Aid Board expects that the Procurator Fiscal will usually be able to represent the interests of the relatives. However, where a relative of a person who died in prison or police custody applies, SLAB will look favourably on the application.

SLAB holds data in respect of applications from 2012 only. In respect of FAIs I can confirm that since 2012 there has been a total of 134 applications received, of which 111 were granted. That is a grant rate of approximately 83%.

In the financial year 2012-13 90% of applications received were granted.

In the financial year 2013-14 78% of applications received were granted.

In the financial year 2014-15 71% of applications received were granted.

In the financial year 2015-16 93% of applications received were granted.

In the financial year 2016-17 88% of applications received were granted.

In the financial year 2017-18 87% of applications received were granted.

In the financial year 2018-19 79% of applications received were granted.

In the financial year 2019-20 81% of applications received were granted.

In the financial year 2020-21 86% of applications received were granted.

The Scottish Government is committed to ensuring that legal assistance continues to be available to all those facing legal concerns. In our Programme for Government we committed to engage with the legal professionals and other stakeholders to review the Legal Aid system, and to introduce a Legal Aid Reform Bill in this Parliament, to deliver a system that is flexible, easy to access and that meets the needs of those who use it.

The Scottish Government consulted on legal aid reform in 2019 and has stated its willingness to take forward supported recommendations that will deliver an enhanced system of legal aid across Scotland and reiterated its commitment to retaining a demand led Fund to support a wide scope of actions. Particular consideration will be given, during the development of the Bill, to how more targeted and planned interventions can support user need and align with identified government priorities. There is real value for both users and providers in achieving a user-focused and diverse delivery model; users can access appropriate interventions at the right time, and providers can better target their expertise to those who require it.

The scope of legal aid will be considered as part of the development of a Bill, and I refer to my response to S6W-04609 on 8 December 2021 which provides information on the Scottish Government’s plans to reform legal aid. The Scottish Government has previously committed, in its response to the Independent Review on Legal Aid by Martyn Evan, that legal aid will continue to be available for a wide range of cases and proceedings.

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

Legal aid is currently available to meet the costs of mediation where appropriate. Again, interaction between mediation and legal aid is a matter that will be considered a part of development of a Bill and I refer to my response to
‎ S6W-04609 on 8 December 2021. In the meantime, the Scottish Government is actively working with stakeholders to expand the availability of mediation and arbitration services within the civil justice system to give our citizens, businesses and organisations access to flexible, affordable and less stressful means of settling disputes, benefitting them and saving time in courts.

The Scottish Government is making available £2.332 million to the Scottish Legal Aid Board in 2021-22 to support projects offering in court expert advice and representation to help people tackle and resolve a wide range of problems including debt, housing, homelessness and small claims court actions.

The Scottish Government is also making available £100k to Scottish Mediation and £115k to the Scottish Arbitration Centre in 2021-22 to promote and expand the provision of Mediation and Arbitration services in Scotland.

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

Business births, deaths and survival rates - based on VAT/PAYE registrations and de-registrations - are produced by the Office for National Statistics within their Business Demography publications. Data are not published for parliamentary regions, however data are available by local authority area. Data are not available on a monthly basis, only on a calendar year basis. Tables 2.1(a), (b) and (c) at the link below provide the business deaths by local authority areas, in Scotland, for 2015 to 2020.

https://www.ons.gov.uk/businessindustryandtrade/business/activitysizeandlocation/datasets/businessdemographyreferencetable

EventScotland aims to support the Scottish events industry by developing programmes which focus on supporting an exciting portfolio of sporting and cultural events. EventScotland has previously supported a number of motor events including the Scottish Classic Speed Fair, Jim Clark Rally and Bo’Ness Speed Hill Climb. Funding is aligned to specific programme criteria and is subject to a thorough assessment process.

The Royal Society of Edinburgh have provided a full list of 2021 RSE Saltire Research Awards on their website. This includes 13 Scottish higher education institutions, across the 93 awardees:

• Edinburgh College of Art
• Glasgow Caledonian University
• Heriot Watt University
• Queen Margaret University
• University of Aberdeen
• University of Dundee
• University of Edinburgh
• University of Glasgow
• University of St Andrews
• University of Stirling
• University of Strathclyde
• University of the Highlands and Islands
• University of the West of Scotland
  

The Scottish Funding Council Saltire Emerging Researcher Scheme awarded 9 Scottish university consortia funding to promote mobility between Scotland and European research partners:

• EaSI-CAT (East of Scotland Industrial Catalysis) Doctoral Training Programme
• Scottish Graduate School for Arts & Humanities
• Scottish Graduate School of Social Science
• SAGES – Scottish Alliance for Geoscience, Environment & Society
• SICSA – Scottish Informatics & Computer Science Alliance
• ScotCHEM – Scottish Universities Chemistry Research Pool
• SULSA – Scottish Universities Life Sciences Alliance
• SUPA – Scottish Universities Physics Alliance
• MASTS – Marine Alliance for Science and Technology for Scotland

Unaccompanied Asylum-seeking children are able to access GP and NHS dental services on the same basis as domiciled residents.

GP practices receive a share of overall general practice funding from the Scottish Government based upon their estimated workload. This would reflect any unaccompanied asylum-seeking children registering with a GP practice.

Dentists are paid a range of fees and other payments by the Scottish Government for providing care and treatment to NHS patients.

Between 24 February 2020 and 31 October 2021 there have been 6,348 COVID-19 cases that were probable or definite hospital onset.

1,973 were reported as probable hospital onset (first positive specimen on days 8 to 14 of admission to NHS board).

4,375 were reported as definite hospital onset (first positive specimen date was 15 or more days after admission to NHS board).

The rate of COVID-19 transmission in hospitals has followed a similar rate in the community. When community prevalence reduces, a general reduction in hospital onset COVID cases follows approximately two to three weeks later.

However, while community prevalence has recently increased, nosocomial cases of COVID-19 were observed to rise at a slower pace, which may be largely due to the vaccination programme.

While patients with COVID continue to be admitted to hospitals, the risk of transmission remains. We cannot be complacent and we must continue to ensure that all infection prevention precautions are strictly followed.

To date, the Scottish Government has spent £722,580.08 on media promotions relating to COP26 within domestic and international campaigns. The purpose of the domestic campaign is to encourage individual behaviour change to reduce carbon emissions and to increase awareness of the urgency to do so in tandem with hosting the COP26 summit. Internationally the aim is to promote Scotland as a global leader on climate change to maximise opportunities from being the host nation of COP26 and promote Scotland as an ideal place to live, work, invest, visit and study. The campaigns are still in progress and were planned in relation to the summit and feature messaging about COP26. Final costs will be published at the end of the financial year, when full billing and financial reconciliation has taken place.