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: S4W-05327

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Monday, 30 January 2012
Current Status: Initiated by the Scottish Government. Answered by Kenny MacAskill on 31 January 2012

To ask the Scottish Executive whether it will legislate to ensure that, where a person was diagnosed with pleural plaques and did not initiate a claim for damages within three years, a claim for damages for mesothelioma or other distinct asbestos-related diseases would not be time-barred if that condition was subsequently diagnosed.

In the course of the judicial review of the Damages (Asbestos-related Conditions) (Scotland) Act 2009, it was suggested by the petitioners that “any person found to have asymptomatic plaques would be obliged to raise an action within three years, or risk losing his right of action should he develop symptomatic asbestos-related disease after the expiry of that period”. In making that suggestion, the petitioners appeared to rely on their interpretation of the implications of the decision of the Inner House in Aitchison v. Glasgow City Council [2010], which overruled an earlier decision of the Inner House in Carnegie v. Lord Advocate [2001]. However, the 2010 decision, which was issued some months after the 2009 act came into force, does not refer directly to that legislation.

The future interpretation of the law is a matter for the courts, which will have regard to all relevant facts and circumstances. To date, however, there is understood to have been no specific ruling from the courts that the decision in Aitchison, which related to a relatively recent diagnosis of psychological injury following a much earlier physical injury, would necessarily be interpreted as meaning that claims for damages for a different asbestos-related disease, such as mesothelioma, would be time-barred if there had been no claim for damages following a diagnosis of pleural plaques more than three years previously. Still less has there been any specific ruling from the courts that, even if that were the interpretation, they would also conclude that is would not be equitable to exercise their discretion under section 19A of the Prescription and Limitation (Scotland) Act 1973 to allow a claim for damages for that distinct disease to proceed.

Moreover, as regards future industry practice, the Scottish Government is aware that the Association of British Insurers has given repeated assurances of “insurers continued commitment to pay compensation to people with asbestos-related diseases, such as mesothelioma, which impact on their health”.

At this point, therefore, an imperative for legislation on this issue has not been established. However, the Scottish Government will keep the position under review, in order to determine whether – in advance of the forthcoming consultation exercise which will inform our planned modernisation of the law on damages for personal injury – any specific elements of our modernisation agenda require to be accelerated. Pending the outcome of that consultation exercise, the Scottish Government’s policy view remains that, as was understood to be the case when the 2009 act was passed, a claim for damages for mesothelioma should not be rejected simply because the limitation period for a claim for damages for pleural plaques has expired.

Question reference: S4O-00541

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Wednesday, 21 December 2011
Current Status: Taken in the Chamber on 12 January 2012

To ask the Scottish Executive what assistance it provides to people who are facing the prospect of bankruptcy and insolvency.

Question reference: S4F-00345

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Monday, 12 December 2011
Current Status: Taken in the Chamber on 15 December 2011

To ask the First Minister what the Scottish Government's assessment is of the economic impact on Scotland of the Prime Minister’s actions at the EU summit last week.

Question reference: S4O-00441

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Wednesday, 23 November 2011
Current Status: Taken in the Chamber on 1 December 2011

To ask the Scottish Executive what issues will be discussed at the next meeting of the joint ministerial committee on Europe.

Question reference: S4O-00408

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Wednesday, 16 November 2011
Current Status: Taken in the Chamber on 24 November 2011

To ask the Scottish Executive what action it is taking to tackle dementia in West Scotland.

Question reference: S4W-03186

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Wednesday, 05 October 2011
Current Status: Answered by Fiona Hyslop on 26 October 2011

To ask the Scottish Executive what its policy is regarding records of (a) burials and (b) monuments and headstones in cemeteries.

(a) There is no statutory duty for the Registrar General for Scotland to maintain a register of burials or cremations. The Burial Grounds (Scotland) Act 1865 provides for the parochial board to maintain a register of burials in their grounds and therefore the parochial board is responsible for registering all burials in their grounds.

(b) Section 31 of the Burial Grounds (Scotland) Act 1865 provides for the parochial board to maintain a register of burials in their grounds but there is no provision for recording what is written on monuments and headstones in cemeteries.

Question reference: S4W-03187

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Wednesday, 05 October 2011
Current Status: Answered by Fiona Hyslop on 26 October 2011

To ask the Scottish Executive whether it plans to develop a central search facility for burials and cremations with photos of each monument's inscription.

There are no plans for the Scottish Executive to develop a central search facility for burials and cremations. Whilst there is a statutory duty for the Registrar General for Scotland to maintain a register of births, deaths and marriages under the Registration of Births, Deaths and Marriages (Scotland) Act 1965, there is no provision to record burials and cremations. The Burial Grounds (Scotland) Act 1865 provides for the parochial board to maintain a register of the burials in their grounds.

Question reference: S4W-03071

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Thursday, 29 September 2011
Current Status: Answered by Shona Robison on 21 October 2011

To ask the Scottish Executive what the benefits to Scotland are of the Olympic Games being held in London in 2012.

I refer the member to the answer to question S4W-01315 on 25 July 2011, which sets out what we are doing to maximise the benefits and legacy to Scotland of the London 2012 Olympics.

I should add, however, that further benefits have since accrued due to the continued effort by the Scottish Government and its many partners to ensure Scotland takes maximum advantage of the opportunities these games present. For example, 115 Scottish companies have now won 155 Games-related contracts; 1,220 of our schools are now signed up for the London 2012 Get Set programme with 209 of them on the Get Set network thus increasing their potential to secure free tickets to the Games; sportscotland is working with sports bodies and groups to give young people in sport the opportunity to access 400 free tickets being made available by London Organising Committee for the Olympic Games and Paralympic Games as part of Ticketshare; we now have 37 projects covering sport, sustainability, culture, education and volunteering using the London 2012 Inspire Mark, and we now have over 300 London 2012 ambassadors recruited across Scotland by Youth Sport Trust with the help of sportscotland.

In addition, it was recently announced that the Paralympic Flame Festival will come to Edinburgh on 26 August 2012 which, along with the our six days of Olympic Torch relay, will give the communities across Scotland the chance to celebrate and for us to showcase Scotland’s culture, heritage and landmarks to an international audience. We also saw Creative Scotland launch Scotland’s Cultural Plan for London 2012 and Glasgow 2014 allocating £6.5 million over three years for city and Scotland-wide programmes;

We continue to pursue the UK Government for equity of treatment for Glasgow 2014 with that afforded to London 2012. This relates to issues around taxation and the return of the diverted lottery funds, I recently held a positive meeting with Hugh Robertson, Minister for Sport and Olympics, to progress this issue.

All answers to written parliamentary questions are available on the parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Question reference: S4W-02610

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Monday, 12 September 2011
Current Status: Answered by Michael Matheson on 26 September 2011

To ask the Scottish Executive what mental health services are available to people under 16 with an eating disorder and their families.

The Scottish Government sets national direction of policy on mental health and provides funding to agencies, including NHS boards and local authorities, to support implementation of policy. The management of local actions in implementing national policy, and decisions on local spending priorities are the responsibility of relevant local agencies.

The majority of children and young people with an eating disorder will be treated in the community by local child and adolescent mental health services (CAMHS) or through referral to specialist in-patient services. A wide range of treatment and therapeutic interventions will be available to respond to the assessed needs of individuals in line with national clinical guidelines.

Significant investment to deliver faster access to specialist child and adolescent mental health services in the community; and in the CAMHS workforce has seen the overall clinical workforce increase by 33% since 2008. A HEAT target will also ensure by 2013 that no one will wait longer than 26 weeks from referral to treatment for specialist Child and Adolescent Mental Health Services.

Question reference: S4W-02609

Asked by: Stuart McMillan, MSP for West Scotland, Scottish National Party
Date lodged: Monday, 12 September 2011
Current Status: Answered by Michael Matheson on 23 September 2011

To ask the Scottish Executive how many people under the age of 16 have been treated for (a) anorexia nervosa and (b) bulimia in each of the last eight years, broken down by age.