Questions and answers

Question reference: S5W-10079

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 30 June 2017
Current Status: Answered by Michael Matheson on 12 July 2017

To ask the Scottish Government what its response is to the HM Inspectorate of Prisons for Scotland report on HMP Edinburgh for the period 6 to 17 March 2017, published on 28 June, which shows that some inmates have complained of only being given an hour outside the prison on two days per week.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

Rule 87(1) of the Prison & Young Offenders Institution (Scotland) Rules 2011 states every prisoner must be given the opportunity to take exercise or, where the weather permits, to spend time in the open air for not less than one hour every day.

HMP Edinburgh provided HMIPS with a regime timetable that evidenced the one hour exercise period is available to all prisoners within the establishment, and that all prisoners are offered the opportunity of exercise in the open air, weather permitting, in compliance with legislation. Work is underway to look at ways in which this experience can be improved.

Question reference: S5W-10081

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 30 June 2017
Current Status: Answered by Michael Matheson on 12 July 2017

To ask the Scottish Government what action it can take to increase the uptake of employment and educational possibilities in prisons.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

The SPS will shortly publish their Purposeful Activity Framework. This framework introduces a national Purposeful Activity (PA) delivery model and associated delivery plans for each establishment.

Focusing on the delivery and improvement of all six strands of PA (Work; Education; Counselling and Rehabilitation Programmes; Vocational Training; Work Placements and Activates Designed to Assist the Prisoners Reintegration into the Community), the framework is designed to improve the delivery of PA across all prisons and place rehabilitation at the core of our regimes.

Question reference: S5W-09639

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 08 June 2017
Current Status: Answered by Michael Matheson on 20 June 2017

To ask the Scottish Government, further to the answer to question S5O-01084 by Michael Matheson on 7 June 2017, what safeguards are in place to ensure that over criminalisation does not take place within family and romantic life as a result of the Domestic Abuse (Scotland) Bill.

The offence has been developed through an intense period of consultation and dialogue with key stakeholders over a 2 year period. The offence contained in the Bill sets out three conditions, all of which have to be met for this offence to be committed. These are:

the accused engages in a course of behaviour which is abusive to their partner or ex-partner;
a reasonable person would consider that the course of behaviour would be likely to cause the victim to suffer physical or psychological harm. 'Psychological harm' is defined as including fear, alarm and distress
The third is that the accused either intends the course of behaviour to cause such harm, or shows reckless disregard as whether the course of behaviour is likely to cause such harm.

If these three conditions are not met, an offence can never be committed.

In addition, there is a statutory defence that the accused does not commit the offence if they show that their course of behaviour was, in the particular circumstances, reasonable.

Question reference: S5W-09638

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 08 June 2017
Current Status: Answered by Michael Matheson on 20 June 2017

To ask the Scottish Government, further to the answer to question S5O-01084 by Michael Matheson on 7 June 2017, what its position is on reported comments by legal experts that the Domestic Abuse (Scotland ) Bill may be too broad and could make "commonplace friction" within family and romantic life illegal.

The new offence seeks to cover all the different forms of abusive behaviour that can comprise a pattern of domestic abuse. We are aware that victims describe experiencing coercive and controlling abuse, sometimes over extended periods of time and with long-term physical and psychological effects. This offence will ensure that these forms of abuse are effectively criminalised and perpetrators can be brought to justice.

The Scottish Government will consider carefully the views offered during the Parliamentary scrutiny process including any recommendations made by the Justice Committee in their Stage 1 report; and will continue to work with justice partners and stakeholders in so doing.

Question reference: S5O-01084

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 31 May 2017
Current Status: Answered by Michael Matheson on 7 June 2017

To ask the Scottish Government, further to its consultation in 2016, what further views it will take into account regarding the Domestic Abuse (Scotland) Bill.

The Domestic Abuse Bill was introduced into Parliament in March. Prior to the Bill being introduced, there were three separate consultations for provisions contained in the Bill including two consultations specifically relating to the new offence of domestic abuse. The views offered during these consultations greatly assisted in the development of the Bill.

The Scottish Government will consider carefully the views offered during the Parliamentary scrutiny process including any recommendations made by the Justice Committee in their Stage 1 report; and will continue to work with justice partners and stakeholders in so doing.

Question reference: S5W-09327

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 19 May 2017
Current Status: Answered by Annabelle Ewing on 25 May 2017

To ask the Scottish Government when a bill will be brought forward to implement or part-implement the proposals set out following the second consultation on the Scottish Law Commission's proposed new scheme for intestacy, protection from disinheritance under a will and extended rights for cohabitants, which closed on 18 September 2015.

The responses to the Scottish Government’s consultation http://www.gov.scot/Resource/0048/00480484.pdf

on recommendations in the Scottish Law Commission’s Report on Succession No.215 for a proposed new scheme for intestacy, protection from disinheritance under a will and extended rights for cohabitants have been independently analysed.

The Scottish Government is considering that analysis together with the findings of a survey of public attitudes towards succession law of just over 1000 people representative of the Scottish population and a targeted Survey Monkey on disinheritance which received over 800 responses.

That consideration will inform the way forward on reform of substantive succession law. The Scottish Government will publish its response to the consultation, including whether it will bring forward legislation to implement the proposals, when that consideration has been concluded.

Question reference: S5W-09142

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 May 2017
Current Status: Answered by Annabelle Ewing on 12 May 2017

To ask the Scottish Government what its position is on the aims of the campaign, Fathers for Justice, with regard to seeking changes in the law to provide better support for fathers seeking access to their children.

The Scottish Government intends to review Part 1 of the Children (Scotland) Act 1995, which is the key legislation on contact. The aim of the review is to ensure the interests of children and their need to form and maintain relationships with key adults in their lives - parents, step-parents, grandparents and other family members - are at the heart of any new statutory measures. The Scottish Government also intends to publish a Family Justice Modernisation Strategy on improving how family cases are dealt with in the courts and on how the voice of the child is heard. As part of our work on the Family Justice Modernisation Strategy, the Scottish Government has just sent the Family Law Committee of the Scottish Civil Justice Council, which advises on court rules and procedures, a policy paper on case management of family actions in the courts.

Question reference: S5O-00990

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 10 May 2017
Current Status: Taken in the Chamber on 17 May 2017

To ask the Scottish Government what safeguards are in place to protect communities that are in close proximity to extensive building works.

Question reference: S5O-00960

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 03 May 2017
Current Status: Taken in the Chamber on 10 May 2017

To ask the Scottish Government what action it is taking to improve public health through cycling.

Question reference: S5W-08410

Asked by: Gordon Lindhurst, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Friday, 24 March 2017
Current Status: Answered by Paul Wheelhouse on 25 April 2017

To ask the Scottish Government, in light of the recent joint economic declaration signed with Bavaria, what lessons it can learn from the cooperation agreement signed with Bavaria in 2002, and what its position is on whether Scotland has followed up on the 2002 agreement.

On 30 June 2003 a cross-cutting cooperation agreement was signed by the then First Minister, Jack McConnell, and the Bavarian State Minister for Federal European Affairs, Reinhold Bocklet. This agreement covered a number of policy areas, such as: European policy; land use planning and design of development; justice; pupil exchange; tourism; and environment. The 2003 agreement helped lay the foundations for the constructive relationship with Bavaria which Scotland now enjoys - one which has been reinvigorated in recent, reciprocal trade missions between Scotland and Bavaria, culminating in the joint economic declaration signed by Scotland’s First Minister, Nicola Sturgeon, and the Deputy Minister President of Bavaria, Ilse Aigner.

The implications of Brexit now means it is more important than ever for Scotland to maintain and build productive relationships with our European partners. We enjoy a strong relationship with Germany and are committed to further enhancing our cultural, economic and political links at state and regional levels. In Bavaria alone, 17 towns and cities are twinned with Scottish towns and cities, including Edinburgh with Munich, and Glasgow with Nuremberg. We hope to use this strong platform to further develop economic links.

Our new agreement is a result of this, reinforcing the economic links between Scotland and Bavaria and our shared interests in key sectors such as renewable energy, financial services, life sciences, chemical services and data analytics. This agreement fits very well with Scotland CAN DO, our vision to become a world-leading entrepreneurial & innovative nation, and we have sought to share good practise, and learn from each other, in terms of enabling a supportive eco-system for innovation and enterprise to flourish.

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