Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-10426

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Friday, 21 July 2017
Current Status: Answered by Michael Matheson on 10 August 2017

To ask the Scottish Government what its position is on someone under the age of 16 being able to give consent to sexual activity.

There are a range of criminal offences relating to sexual activity with a child under the age of 16. These are contained in the Sexual Offences (Scotland) Act 2009 ("the 2009 Act"). The offences contained within this legislation are based on a Scottish Law Commission report into sexual offences with the offences acknowledging and informed by the generally accepted understanding that a child's capacity to consent to sexual activity differs depending on their specific age.

Under the 2009 Act, children under the age of 13 are deemed to have no capacity to consent to sexual activity. Under section 18 of the 2009 Act, it is an offence of rape of a young child where an adult undertakes sexual activity with a child under the age of 13.

Under the 2009 Act, children aged between 13 and 15 are deemed to have only limited capacity to consent to sexual activity. So, for example, where an adult has non-consensual sexual intercourse with a 13-15 year old child, this can be prosecuted as rape under section 1 of the 2009 Act. Where it cannot be proven that the child did not consent, this is still an offence which can be prosecuted using the offence of 'sexual intercourse with an older child' under section 28 of the 2009 Act.

As can be seen, the 2009 Act provides that it is always a criminal offence for an adult to knowingly engage in sexual activity with a child under the age of 16.

Question reference: S5W-10427

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Friday, 21 July 2017
Current Status: Answered by Michael Matheson on 10 August 2017

To ask the Scottish Government, in light of recent reports from Barnardo’s, Victim Support, Liberty and Rape Crisis, which state that the Criminal Injuries Compensation Authority (CICA) has not compensated nearly 700 child victims of sexual abuse, what its position is on the impact on victims in Scotland, and what action it can take to review CICA's guidelines for Scotland.

Compensation for victims of crime in Scotland is provided through the Criminal Injuries Compensation Authority (CICA) in accordance with the Criminal Injuries Compensation Scheme (CICS), which is set by the UK Government and approved by the UK Parliament. There are no separate CICS guidelines for Scotland.

CICA and the UK Government are aware of the concerns raised by these charities. CICA are reviewing their guidelines to ensure they are robust enough to deal with cases of child sexual abuse, where grooming may be a factor.

Question reference: S5O-01051

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Wednesday, 24 May 2017
Current Status: Taken in the Chamber on 31 May 2017

To ask the Scottish Government what action it is taking to tackle wildlife crime.

Question reference: S5T-00490

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Monday, 27 March 2017
Current Status: Taken in the Chamber on 28 March 2017

To ask the Scottish Government whether it will provide an update on its discussions with the UK Government ahead of the triggering of Article 50.

Question reference: S5O-00809

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Wednesday, 15 March 2017
Current Status: Answered by Angela Constance on 22 March 2017

To ask the Scottish Government what communication it has had with the UK Government regarding the Syrian refugee resettlement scheme.

I met the Immigration Minister, Robert Goodwill MP on 11 October 2016 to discuss the Syrian Resettlement Programme and other issues relating to refugees and asylum seekers. I also wrote jointly with the President of COSLA, Councillor David O'Neill to the Immigration Minister on 5 October 2016 about the issues of family reunion and travel documents for refugees arriving under the Programme.

The Home Office and Department for Work and Pensions were represented at official level on the Refugee Taskforce, and Scottish Government and Home Office officials continue to have regular contact in relation to the Syrian Resettlement Programme.

The Member will be pleased to know Scotland remains committed to welcoming Syrian refugees, and that 30 local authorities have now received refugees into their communities.

Question reference: S5W-07791

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Tuesday, 07 March 2017
Current Status: Answered by Alasdair Allan on 15 March 2017

To ask the Scottish Government what discussions it has had with the UK Government in relation to Irene Clennell since her deportation on 26 February 2017, following her detention at Dungavel detention centre.

I recently raised my concerns regarding Mrs Clennell's situation whilst giving evidence to the Home Affairs Committee as part of their inquiry into immigration. It appears Mrs Clennell's case is yet another example of someone being let down by ever tightening UK immigration rules, further demonstrating that this is a system which is not fit for purpose.

Mrs Clennell’s case also highlighted real concerns of the situation in Dungavel, and how it is being used. We have campaigned for its replacement with a more humane system and the Cabinet Secretary for Communities, Social Security and Equalities Angela Constance, has written to the UK Government regarding this issue.

The Scottish Government has long pressed the UK Government for a fair and managed immigration system that meets Scotland's needs. The Scottish Government is sympathetic to those who have difficulties navigating the complex and increasingly restrictive UK Immigration rules. The UK Government must deliver a more humane immigration system that recognises individual circumstances, and provides a welcoming environment for people who chose to move here, and for their families.

Question reference: S5O-00784

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Wednesday, 08 March 2017
Current Status: Answered by Shona Robison on 15 March 2017

To ask the Scottish Government when it will next meet NHS Lanarkshire and what issues will be discussed.

Question reference: S5W-07268

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Thursday, 16 February 2017
Current Status: Answered by Michael Matheson on 14 March 2017

To ask the Scottish Government how much support it provides to the Crown Office and Procurator Fiscal service to speed up the delivery of justice in cases involving domestic abuse and sexual violence.

Funding from the £20million Violence Against Women and Girls Justice Budget to tackle violence against women and girls has provided £950,000 in each of the years 2015-16 and 2016-17 and will provide £950,000 in 2017-18 to the Crown Office and Procurator Fiscal Service specifically for the prosecution of cases involving domestic abuse and sexual violence. This is in addition to established funding for the Crown Office and Procurator Fiscal Service.

Question reference: S5W-07265

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Thursday, 16 February 2017
Current Status: Answered by Angela Constance on 13 March 2017

To ask the Scottish Government how much it will award each project that will receive support from the second allocation of funding from the Fair Food Transformation Fund.

The Scottish Government has allocated some £330,000 in 2016-17 and 2017-18 from the second tranche of funding from the Fair Food Transformation Fund to support a further 13 projects. The core aim of the Fund is to promote a shift from food charity to food justice where the social value of food is used to support people and bring them together in a more dignified way. The allocation is as follows:

Organisation and delivery location	Award
The First Base Agency Dumfries and Galloway (regional coverage)	£16,750
Apex Scotland Dumfries and Galloway (regional coverage)	£16,448
Cheviot Youth Kelso, Scottish Borders	£25,966
Oasis Food Bank (Redeemed Christian Church of God) Gorgie, Edinburgh	£16,363
Midlothian Foodbank, Gorebridge Parish Church Gorebridge, Midlothian	£16,000
Edinburgh Food Project Edinburgh City	£35,000
The Everlasting Foodbank Denniston, Glasgow	£43,000
Bethany Christian Trust Edinburgh City	£20,000
Yoker Parish Church Yoker, Glasgow	£31,750
Whitlawburn Community and Resource Centre Cambuslang and Rutherglen. South Lanarkshire	£9,610
Sauchie Active 8 Clackmannanshire	£15,894
Perth and Kinross Foodbank Perth and Kinross	£11,500
Moray Foodbank Moray	£27,977

Additionally, West Dunbartonshire Council is working locally with West Dunbartonshire Community Foodshare and Food for Thought to develop appropriate provision for the area, maximising both the funding available and the assets within these organisations, the local authority and the wider community. Funding for this project has still to be determined.

This builds on some £900,000 allocated to 20 projects in the initial round of funding in September 2016.

Question reference: S5W-07266

Asked by: Christina McKelvie, MSP for Hamilton, Larkhall and Stonehouse, Scottish National Party
Date lodged: Thursday, 16 February 2017
Current Status: Answered by Kevin Stewart on 6 March 2017

To ask the Scottish Government what the annual economic contribution is of the housebuilding sector, and what action it takes to support it.

Estimating the economic contribution of the house building sector is complex. However, using the latest Scottish Government Input-Output model of the economy, it is estimated that for house construction spending of £100m in 2017 supports around 1200 full-time equivalent Scottish jobs in the wider economy for that year and contributes around £60m to Scottish GDP. 77% of these jobs are in the construction sector.

In 2015-16, Scottish Government support for new build through the Affordable Housing Supply Programme is estimated to have leveraged over £0.5bn of investment to build 4,418 new homes, supporting over 6,000 construction and related jobs in Scotland.

In terms of wider support to industry, Scottish Government provides help to industry in a number of ways, including direct support through Infrastructure funding, the ongoing Planning review, as well as support for demand through the Help to Buy (Scotland) Affordable New Build schemes and our LIFT shared equity schemes for low-income and first time buyers.