Chamber and committees

I refer to member to the answer to S6W-20201 on 14 August 2023. 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/questions-and-answers.

Where a person chooses a care home that does not accept the National Care Home Contract, the Community Care and Health (Scotland) Act 2002 and associated guidance Charging for Residential Accommodation Guidance (CRAG) allows for topping up of care home fees. The Act and guidance also sets out the conditions around the top up of care home fees and states that these arrangements should be sustainable.

Any contract agreed when an individual enters residential care should clearly set out what happens if any top up fees can no longer be paid, and this contract is covered by consumer protection laws. The Local Authority also has a statutory responsibility for the delivery, commissioning and charging for care home services.

We know that people living in poverty in Scotland are more likely to develop a lung condition than the general population, and recognise that we still have progress to make on improving access to care and treatment for respiratory conditions.

In March 2021, we published the first Respiratory Care Action Plan for Scotland (RCAP) . The Plan sets out our priorities and commitments for driving improvement in the prevention, diagnosis, care, treatment and support of people living with respiratory conditions. Tackling health inequalities is a key focus of the RCAP and we want to ensure a more targeted approach to supporting those who need it most.

The main focus of our respiratory programme this year will be on improving the availability of respiratory data. We have recently commissioned and funded Public Health Scotland to begin building a respiratory audit programme. This will better allow us to review the demographics of people living with respiratory conditions and ultimately ensure we deliver services which meet their needs.

We are also in the final stages of producing a best practice document for child to adult respiratory transitions, as well as working closely with key stakeholders to determine the best route to improve access to pulmonary rehabilitation services.

More widely, the Scottish Government is committed to supporting families and households face the increased cost of living. This includes the provision of services and financial support not available elsewhere in the UK that is helping to reduce everyday costs and increase incomes.

Under Scotland's criminal justice system, it is for the police to investigate possible breaches of the criminal law and for the Crown Office and Procurator Fiscal Service (COPFS) to consider whether prosecutions should be progressed in any given case. Decision-making within this area is for these independent agencies and the Scottish Government is not involved in decision-making in criminal cases. COPFS make decisions in the public interest using the process set out in their Prosecution Code . COPFS works closely with Police Scotland, the Scottish Courts and Tribunal Service and other partners to deliver justice in individual cases.

His Majesty Inspectorate of Constabulary in Scotland provides independent scrutiny of Police Scotland. Similar independent scrutiny of COPFS is provided by His Majesty’s Inspectorate of Prosecution in Scotland .

Where a person considers they may have experienced a miscarriage of justice, they can apply to the independent Scottish Criminal Cases Review Commission who have a statutory function to investigate miscarriages of justice with a view to individual cases being considered for return to the Appeal Court for a fresh appeal. This is a special power for criminal cases to be re-opened even after the normal appeals process may have been exhausted.

Where a person does have their conviction overturned in the Appeal Court, the Scottish Government operates two schemes relating to miscarriages of justice - the statutory scheme and the ex-gratia scheme.

A key commitment in our Diabetes Improvement Plan is to further increase access to existing and emerging technologies which can significantly benefit people with Type 1 diabetes and improve their quality of life. We do, however, understand that there are still some barriers to achieving equitable access across Scotland.

To tackle this, we have recently invested £350,000 through the Accelerated National Innovation Adoption (ANIA) pathway, to test new models of care and accelerate the distribution of existing technologies. We also continue to work closely with local Managed Clinical Networks (MCNs) to address any concerns around the distribution.

We will continue to actively engage with the diabetes community and those living with Type 1 diabetes to better understand the barriers they face, while also working with suppliers, NHS services and wider industry partners to increase access to technologies in the near future.

We value our culture sector and the fundamental part this plays in our everyday lives, our national identity, and how we present ourselves to the world.

The figures published recently by Creative Scotland are the results of the notice of intention to apply to their new multi year funding programme. Notice of intention to apply is only the first stage of the process and we expect this figure to reduce once Creative Scotland has started assessing applications and completed necessary due diligence.

We provide significant funding to Creative Scotland each year and will continue to do so, alongside our obligation to balance the budget and deliver the best value for every taxpayer in Scotland.

We will continue to work with the sector to identify barriers to recovery and do everything within our powers and resources to help it overcome these.

I welcome the publication of this report and the solutions to the issues that the sector is facing.

The Scottish Government will continue to work with the culture sector to identify barriers to immediate and long-term recovery and will continue to do everything within our powers and resources to help those most affected by current economic challenges.

The Scottish Government will discuss the recommendations contained within this report with Creative Scotland and also the trade unions.

We recognise that there are higher levels of chronic pain amongst minority ethnic populations and included minority ethnic participants in the work with both The Lines Between Pain Management Panel consultations: report - gov.scot and Healthcare Improvement Scotland Gathering views on chronic pain | HIS Engage . Whilst budget did not allow for the use of an interpreter, both projects heard from minority ethnic participants. The published Pain Management Panel report details the breakdown of demographics included in the 16 member panel on page 6.

Our Diabetes Improvement Plan, published in 2021, contains a key commitment to increase access to existing and emerging diabetes technologies. Between 2016 and 2022, we have invested £29.6 million of additional funding specifically to support this.

The new Accelerated National Innovation Adoption (ANIA) pathway workstream will also support accelerated distribution of Closed Loop Systems, in a more equitable way across Scotland, by creating a new national onboarding team. We are aware there are variations in approach to the cost of replacement batteries for insulin pumps across NHS Boards and we have asked Boards and healthcare professionals to improve equity of access to technologies. Through the ANIA pathway workstream, the Scottish Government has invested a further £350,000 to accelerate the distribution of Closed Loop Systems.

Not all insulin pumps require batteries, and we expect NHS Boards and staff to support patients to find the most appropriate technology for their specific circumstances.

We are committed to supporting families and households who are facing the increased cost of living, and this includes tackling the barriers people face when trying to access diabetes technologies.

I refer the member to the answer to question S6W-16442 on 3 May 2023 and question S6W-19380 on 11 July 2023 . 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 .