Chamber and committees

The Judicial Appointments Board for Scotland (JABS) provides statistical information on diversity, including gender and ethnicity, in its annual report. The Scottish Government does not carry out separate analysis as JABS undertakes its own analysis of these areas.

JABS has a statutory duty to have regard to the need to encourage diversity in the range of individuals available for selection to be recommended for appointment to a judicial office. This is contained in section 14 of the Judiciary and Courts (Scotland) Act 2008.

Since 2015 JABS has recommended 108 individuals for judicial office. 52 were women, 50 were men and 6 preferred not to say. Of those recommended, 1 was of Asian background, 2 of mixed, 1 was unknown and 104 identified as white British or white other.

In 2010 the Diversity Steering Group (DSG) was set up, which is chaired by Lady Wise. This is a collaborative group which has in mind JABS’s obligations under section 14 of the 2008 Act. The DSG’s aims include identification of ways in which increased diversity of applicants applying for judicial office can be achieved and advice on removal of perceived obstacles to diversity. A Scottish Government official is a member of the steering group as an observer.

JABS has a statutory duty to prepare and publish an annual report on the carrying out of its functions during the previous year. This report must be sent to the Scottish Ministers and is then laid before the Scottish Parliament. The reporting provided on diversity covers both the DSG’s work and statistical reporting on applicants for all appointments within JABS remit.

In addition to its annual reporting, last year JABS published a 5 Year Strategic Plan for 2018-2022 which sets out how they intend to contribute to the creation of a more diverse judiciary in Scotland - one which ‘reflects the growing diversity in our communities and which helps to build public trust and confidence.

The progress to date is good and I recognise JABS’ continued commitment to strive for better by encouraging diversity in the range of individuals available for selection.

Whilst the safety of nuclear installations is a reserved matter to the UK Government, public safety is the Scottish Government’s absolute priority and it therefore takes all safety issues relating to the entire Scottish civil nuclear estate very seriously indeed.

Scottish Government officials therefore are, and will continue to be, in regular contact with UK Government officials in the Department for Business, Energy and Industrial Strategy (BEIS), in respect of safety & security matters at Hunterston B.

The office for Nuclear Regulator (ONR) regulates EDF through on-site inspections which ensure that EDF controls its hazards effectively and maintains the highest nuclear safety and security standards. The ONR has a team of specialist inspectors from ONR's assessment units, whom site inspectors can draw upon for in-depth specialist expert advice.

EDF are required to produce safety cases to justify a return to service of the reactors at Hunterston B. This is a standard regulatory requirement in such circumstances. Once the ONR has received the safety cases, it will fully assess them and permission will only be granted for the reactor to return to service if the ONR is satisfied that it is safe to do so.

Scottish Government officials in the Resilient Essential Services Team are receiving regular updates from the ONR in respect of the on-going safety assessments and any potential return to service of the reactors.

In respect of security of supply of the UK electricity network, the reactors at Hunterston, in total, provide a potential 965 Megawatts to the National Grid.

Scottish Government officials are and will continue to be in regular contact with both UK Government officials in the Department for Business, Energy and Industrial Strategy (BEIS) and the nuclear safety and security regulator, the Office for Nuclear Regulation (ONR), in respect of safety & security matters at Hunterston B and all other Scottish Civil Nuclear sites.

Whilst the safety of nuclear installations is a reserved matter to UK Government, public safety is the Scottish Government’s absolute priority and it therefore takes all safety issues relating to the entire Scottish civil nuclear estate very seriously indeed.

(a) In respect of the Department for Business, Energy and Industrial Strategy (BEIS), Scottish Government Officials arranged a meeting for senior BEIS officials at Hunterston B on 5 November 2018, where briefings and a station tour were provided by EDF. There has also been regular contact by telephone and e-mail between officials, the latest of which was on 21 st January 2019.

(b) Whilst there have been no specific scheduled meetings, telephone and written contact has been regular, with ONR providing their latest updates to officials. During the latest communications on 28 November 2018, 19 December 2018 and 21 st January 2019, ONR outlined their extensive involvement in this issue, namely:

ONR regulates EDF through on-site inspections which ensure that EDF controls its hazards effectively and maintains the highest nuclear safety and security standards. Site inspectors also provide advice on how to comply with legal requirements. ONR also assesses the adequacy of safety cases to ensure that the hazards are properly controlled. ONR holds regular meetings with EDF to discuss graphite cracking.

Supporting front line site inspectors is a team of specialist inspectors from ONR's assessment units, whom the site inspectors can draw upon for in-depth specialist expert advice.

Permission will only be granted for the reactors 3 and 4 to return to service at Hunterston B if the ONR is satisfied that it is safe to do so.

I will next meet the ONR on 21 February 2019.

The Scottish Government does not hold statistical information on what proportion of serving QCs are female. The process of selection for appointment of QCs is a matter for the Rt Hon Lord Carloway, Lord President and Lord Justice General. The Scottish Government is not involved in the selection process as this would be inappropriate.

The prescription of cannabis based products for medicinal use is limited in law to doctors on the GMC’s specialist register. Patients are not able to obtain cannabis based products from their General Practitioner. Therefore, no monitoring of the prescription of cannabis based products for medicinal use by GPs has been carried out.

Monitoring arrangements for the prescription of cannabis based products for medicinal use were described in the guidance issued on 31 October 2018 which can be found at the following link: https://www.sehd.scot.nhs.uk/cmo/CMO(2018)15.pdf

The law does not restrict the type of condition for which cannabis based products for medicinal use can be prescribed. However, the expectation is that they should only be prescribed for indications where there is clear published evidence of benefit or UK guidelines and in patients where there is a clinical need which cannot be met by a licensed medicine and where established treatment options have been exhausted.

The Scottish Government considers it is critical that the decision to prescribe remains with clinicians: they are the ones with the expertise and they bear the responsibility for prescribing.

As explained within the supplementary information issued on 21 November 2018 ( https://www.sehd.scot.nhs.uk/cmo/CMO(2018)16.pdf ) there is no list of approved products or suppliers. These are unlicensed special medicines and only a supplier that has the appropriate Medicines and Healthcare products Regulatory Agency (MHRA) and Home Office (HO) licences, and meets the conditions set out in MHRA guidance, can supply cannabis based products for medicinal use.

The Scottish Government is taking steps to tackle inequalities for LGBTI people across all areas of Scottish life, including in public service delivery. Funding of over £1m has been provided to organisations working to promote LGBTI equality in 2018-19, including work to address discrimination.

In relation to the NHS, the Patient Rights (Scotland) Act 2011 aims to improve people’s experiences of using health services. Under the Act, Scottish Ministers have published a Charter of Patient Rights and Responsibilities , summarising the duties of relevant NHS bodies as well as the behaviour expected from people accessing services. It highlights everyone’s right to be treated with dignity and respect, and not to be unlawfully discriminated against, including on the basis of gender reassignment.

Our national partnership between Stonewall Scotland and NHS Scotland is also supporting health boards to ensure that the workforce has the skills and knowledge needed to meet the specific healthcare needs of LGBTI service users.

More broadly in relation to public services, the Equality and Human Rights Commission has also published ‘Provision of Goods, Facilities and Services to Trans People: Guidance for public authorities – Meeting your equality duties and human rights obligations’. The guidance is for managers and front line staff of all levels and sets out what public authorities are expected to do to comply with the law and provide their trans service users with the goods, facilities and services to which they are entitled.