- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Wednesday, 18 March 2020
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Current Status:
Answered by Aileen Campbell on 26 March 2020
To ask the Scottish Government what financial support is being given to local authorities to support action to deal with the outbreak of COVID-19.
Answer
I announced a funding package of £350 million that will go to those most affected by the COVID-19 pandemic, this will be made available to councils, charities, businesses and community groups, including £50 million for local authorities to support their own local resilience, support and hardship plans.
The Scottish government also announced a package of support worth £2.2 billion to limit the impact on the business community and the Scottish Government will continue to guarantee all 32 local authorities receive their formula share of General Revenue Grant plus Non Domestic Rates income to ensure any further reduction in Non Domestic Rates income is compensated by an increase in General Revenue Grant.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Monday, 24 February 2020
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Current Status:
Answered by Ash Denham on 6 March 2020
To ask the Scottish Government what its response is to claims that Mental Health Tribunal representation has an average value per case of £501, down from £999, 10 years ago.
Answer
The average solicitors' fees per mental health case have fallen from £1250 inc VAT is 2008-09 to £862 inc VAT in 2018-19. There are a number of reasons for this.
One of the aims of the Mental Health Tribunal has been to provide an increasingly efficient and cost-effective service to Tribunal users. The Tribunal began sitting in 2005 and has drawn on these years of experience to structure the service in a way which minimises adjourned hearings and makes most efficient use of available venues and other resources, this has allowed tribunals to hear more than one case each day when possible.
As well as the 40p mileage rate, solicitors can also charge a fee for the time they are travelling. Historically, this fee made up a significant chunk of the total amount claimed for a case. A change to fees in 2011 led to some firms changing the way they worked in order to reduce the amount of travel.
Additionally a number of solicitor accounts are currently subject to protracted negotiations between the Scottish Legal Aid Board and the single biggest provider of legal aid mental health casework in Scotland. When these accounts are settled it is likely this will lead to an overall increase in the national average sum per case.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Monday, 24 February 2020
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Current Status:
Answered by Ash Denham on 6 March 2020
To ask the Scottish Government what its position is on the Scottish Legal Aid Board’s decision to maintain mental health representation mileage claims at 40p, which is less than the 45p paid to other areas of representation and the civil service.
Answer
All solicitors, and Scottish Legal Aid Board employees, are paid a single rate of 40p. This is the rate passed by the Scottish Parliament in 2011 when all legal aid travel rates were revised. This rate is across all case types and is not particular to mental health representation
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Monday, 24 February 2020
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Current Status:
Answered by Ash Denham on 6 March 2020
To ask the Scottish Government, with only 10% of files in relation to mental health representation currently paid in full, what action it will take to assist the Scottish Legal Aid Board in obtaining full payment of cases.
Answer
The figure of 10% of files paid in full is misleading. The 10% relates to accounts that are paid in full on their first submission. 90% of accounts need further information from the solicitor who raised the account.
When the additional information is received Scottish Legal Aid Board need to raise a new account to make payment and there is no amendment to the original file.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Monday, 24 February 2020
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Current Status:
Answered by Ash Denham on 6 March 2020
To ask the Scottish Government what action it is taking to ensure that the ruling to prevent the Mental Health Tribunal from also representing clients themselves, does not create an access to justice issue in terms of mental health representation.
Answer
The Mental Health Tribunal has never represented clients.
The members of the Tribunal all serve on a part-time basis, allowing the Tribunal to draw on a wide range of legal, medical and general expertise. Occasionally, a person who sits as a legally qualified tribunal member will, as part of their own legal practice, have acted for a patient in a Tribunal hearing. It is however recognised as potentially giving rise to a conflict of interest and Tribunal members have received the relevant Guidance Note, issued by the President of Scottish Tribunals, which covers this issue. Further, as judicial decision makers, the Tribunal members are guided by the Statement of Principles of Judicial Ethics for the Scottish Judiciary.
The Tribunal is not aware of any difficulty for patients obtaining appropriate representation. The Scottish Government does not have any plans to review the matter.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Thursday, 27 February 2020
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Current Status:
Taken in the Chamber on 5 March 2020
To ask the Scottish Parliamentary Corporate Body what recent evidence has been received that its IT systems have been subject to cyberattacks from international sources.
Answer
Taken in the Chamber on 5 March 2020
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 31 January 2020
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Current Status:
Answered by Humza Yousaf on 27 February 2020
To ask the Scottish Government what action it has taken in relation to seeking justice for victims of historic child abuse in Scottish football.
Answer
Any allegations are for Police Scotland to investigate, and sentencing in individual cases is a matter for the court – with life imprisonment the maximum penalty for the most serious offences involving the sexual abuse of children.
Live cases are currently ongoing and the final version of the independent review of non-recent sexual abuse allegations commissioned by the Scottish FA will be published when current ongoing legal cases are concluded.
The Scottish Government will consider next steps when the final report and its findings are published.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 31 January 2020
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Current Status:
Answered by Humza Yousaf on 27 February 2020
To ask the Scottish Government what plans are in place to support victims of historic child abuse in Scottish football.
Answer
The Scottish Government unreservedly condemns the abhorrent crime of sexual abuse, and we are working closely with a range of organisations to ensure all children can enjoy playing football in a safe and secure environment.
The Scottish Government currently funds a number of organisations who support all survivors of childhood abuse through the Innovation and Development Fund, which ends March 2020. Further information about the organisations currently funded can be found at www.gov.scot/publications/survivor-support-innovation-and-development-funding-2019-2020 .
The Survivors of Childhood Abuse Support Fund, due to commence in April 2020, will replace the Innovation and Development Fund. It is a £10 million Fund over four years with an estimated spend of £2.5 million each year and sees an uplift of approximately £1.6 million in funding to organisations supporting survivors in total. Details of the organisations who will receive funding will be published by end of March 2020.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Monday, 27 January 2020
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Current Status:
Answered by Michael Matheson on 19 February 2020
To ask the Scottish Government what discussions (a) it and (b) its agencies have had with Locomotive Services Limited regarding the Caley railworks in Glasgow.
Answer
As part of the work to develop the charter, heritage and tourist train market to support the Scottish tourist economy, Transport Scotland has held discussions with Locomotive Services Ltd.
During these discussions, Locomotive Services Ltd has intimated an interest in securing a maintenance and stabling facility for its trains in Scotland and is aware that Springburn could be considered as a possible site.
- Asked by: James Kelly, MSP for Glasgow, Scottish Labour
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Date lodged: Wednesday, 12 February 2020
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Current Status:
Taken in the Chamber on 19 February 2020
To ask the Scottish Government what progress has been made on implementing the provisions in the Management of Offenders (Scotland) Act 2019.
Answer
Taken in the Chamber on 19 February 2020
